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Agenda 05/22/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA May 22, 2007 8:00 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, Bee 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. 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 24, 2007 - BCC/Regular Meeting C. May 1, 2007 - BCC/City of Naples Joint Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS 5. PRESENTATIONS A. Presentation by John Torre, Director, Communications and Customer Relations, of the 2007 Citizen Survey. 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. An Ordinance requesting authorization for Artesia Naples Community Development District Board of Supervisors to exercise certain additional powers for persons and property residing in the Artesia Naples Community Development District (CDD). B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-A-2005-AR-7422 (KD) Larry Abbo, as vice president of Prime Homes at Portofino Falls, Ltd., represented by David R. Underhill, Jr. of Banks Engineering and Robert D. Pritt of Roetzel & Andress, L.P.A.; and William L. Hoover, as president of Catalina Land Group Inc., who is represented by David R. Underhill, Jr., of Banks Engineering and Richard D. Yovanovich of Goodletle, Coleman and Johnson, P.A., are requesting a rezone from the Rural Agricultural (A) and Planned Unit Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning district, to add 20.26 acres and 80 dwelling units to the Wolf Creek RPUD for a total of 167.96 acres and 671 dwelling units, which may be single- or multi-family dwellings, and amend the PUD document and associated Master Plan. The applicant also proposes to reduce the maximum height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private schools, adult living facilities and churches as allowable conditional uses. The subject property is located on the north side of Vanderbilt Beach Road, approximately one half mile west of Collier Boulevard in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Companion Item to the Falls of Portofino Community Development District (CDD)) C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to consider adoption of an Ordinance establishing the Falls of Portofino Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. This item is a companion to item RZ-2005-AR-7422 Wolf Creek PUD. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Immokalee Beautification Advisory Committee. B. Appointment of member to the Collier County Airport Authority. C. Appointment of member to the Habitat Conservation Plan Ad-Hoc Advisory Committee. D. Appointment of member to the Collier County Coastal Advisory Committee. E. Recommendation that the Board of County Commissioners indicate intent to renegotiate the County Attorney Employment Agreement with David C. Weigel and approve an Addendum to the Agreement. (Commissioner Coletta) F. Commissioner Henning requesting the Board of County Commissioners to approve and authorize reimbursement of reasonable legal fees and costs. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners accept the findings of the report entitled Collier County Impact Fee Indexing Study prepared by Tindale-Oliver and Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as directed by the Board of County Commissioners, and direct the County Manager or his designee, to finalize the study, prepare the necessary amendments to Chapter 74 ofthe Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate the changes to the indexing methodologies and corresponding changes to the impact fee rate schedules for consideration by the Board of County Commissioners at a future meeting(s).(Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) B. This item to be heard at 4:30 p.m. Recommendation that the Collier County Board of County Commissioners (BCC) approve a budget amendment totaling $250,000 from FY07 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. (Companion item to Community Redevelopment Agency approval of expenditure under 14A to be considered following action on 14A) (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) C. The County Managers Zoning Department staff would like discuss with the Board of County Commissioners, the impacts of the current requirements of the Land Development Code as they relate to the Mixed Use Project (MUP) approval process permissible in the Bayshore and Bayshore Triangle Overlay Zoning Districts, specifically as they relate to the Arboretum Village project which was approved by the Board of County Commissioners on September 12, 2006. They also request affirmation that a 3 or more year time frame for physical construction of this project, as now proposed by the developer and as evidenced by the initial SDP submittal for administrative review, does not conflict with the intent of the Board when they approved this project in terms of the awarding of density bonus units, and furthermore that it does not conflict with the Boards potential plans to build a parking garage in the Bayshore redevelopment area as discussed at the public hearing approving this project. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) D. Recommendation that the Board of County Commissioners accept an interim report from the Habitat Conservation Plan Advisory Committee and provide the Committee direction for future efforts.(Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) E. Recommendation to approve an Agreement for Sale and Purchase with George P. Langford, as Trustee of the R. R. Land Trust dated the 1st day of December, 1998 for 55.35 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $10,687,700. (Len Price, Administrator, Administrative Services) F. Recommendation to approve the Winchester Head Multi-parcel project as a Category A project on the current Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue properties within this project, considering conditions provided by the Board of County Commissioners and a risk reduction approach developed by staff. (Len Price, Administrator, Administrative Services) G. Recommendation to conduct the Conservation Collier Annual Public Meeting to provide an update on the Programs past activities, to solicit proposals and applications, and to approve the Fifth Cycle Target Protection Areas (TPA) mailing strategy. (Len Price, Administrator, Administrative Services) H. Recommendation to enter into a supplemental agreement with the South Florida Water Management District (SFWMD) related to a September 23, 2003 agreement that conveys or causes to be conveyed at no cost to Collier County fee simple interest to 640 contiguous acres, more or less, for Off Highway Vehicle (OHV) Use and approve any and all budget amendments deemed necessary in association with this action. (Marla Ramsey, Administrator, Public Services) I. This item to be heard at 9:00 a.m. Recommendation to approve the Interlocal Agreements between Collier County and the City of Naples, City of Marco, East Naples, and North Naples Fire Departments for an Advanced Life Support Engine Partnership Program. J. Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants at an estimated cost of $90,000. (Marla Ramsey, Administrator, Public Services) [Item of Interest-Commissioner Henning] K. To seek Board direction on the acquisition of a parcel of property owned by the City of Marco Island as a result of a follow-up discussion with the City of Marco Island. (Project No. 60001) L. Recommendation to accept and approve a 2005 Disaster Recovery Subgrant Agreement between the Department of Community Affairs and Collier County for $2,339,882 and an associated budget amendment to implement the Disaster Recovery Initiative programs, and to adopt a Resolution approving and authorizing the Chairman to sign the Agreement, and to delegate to the County Manager or his designee the authority to submit required reports or other documents which are solely ministerial in nature. (Marla Ramsey, Administrator, Public Services) M. Recommendation that the Board of County Commissioners Adopt a Resolution Declaring a Valid Public Purpose for Accepting Voluntary Donations Made Directly to the County for Affordable-Workforce Housing, Establishing an Affordable-Workforce Housing Trust Fund and Providing General Guidelines for Use of Monies in the Affordable-Workforce Housing Trust Fund. (Marla Ramsey, Administrator, Public Services) N. Recommendation to sign the formal Hazard Mitigation Grant Program (HMGP) application for $1,639,225 in HMGP funds to be used towards the construction of the new Collier County Emergency Operations Center (EOC) O. Recommendation to approve budget amendments recognizing the Fiscal Year 2007-08 U.S. Department of Housing and Urban Development (HUD) entitlement funding, and State Housing Initiatives Partnership Program (SHIP) allocations. ($7,173,560) P. Providing requested information about potential for contributing $500,000 from Conservation Collier funds to assist the City of Naples in building trail and bridge on City-owned land as part of the Gordon River Greenway. 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. That the Board of County Commissioners consider the results of the survey of Goodland residents and determine whether or not to proceed with proposed amendments to the Goodland Zoning Overlay as well as the creation of a Goodland Advisory Board. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 4:30 p.m. Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 from FY07 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. (Companion item to the Board of County Commissioners budget amendment approval under 10B to be considered before 10B) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Arezzo at Tuscany Reserve. 2. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Silver Lakes Phase Two.G 3. To accept final and unconditional conveyance of the water facility for Forest Glen, Parcel 7. 4. To accept final and unconditional conveyance of the water facility for Forest Glen, Parcel 4 5. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Unit One, the roadway and drainage improvements will be privately maintained. 6. 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 Summit Place in Naples, Phase I, the roadway and drainage improvements will be privately maintained. 7. To accept final and unconditional conveyance of the water facility for Foxfire Club Expansion. 8. Recommendation to approve final acceptance of the water and sewer utility for Milano, Phase 1A. 9. Recommendation to approve final acceptance of the water and sewer utility facilities for Milano, Phase 2A. 10. Recommendation to accept a Proposed Settlement Agreement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Collier County v. James Keiser and Southern Exposure of Naples, Inc., Case No. CEB 98-005. 11. Recommendation to approve a Release and Satisfaction of Code Enforcement Lien for payment received. B. TRANSPORTATION SERVICES 1. Recommendation to approve the Collier Metropolitan Planning Organizations (MPO) Operating Budget for FY 2007/08, including $10,221 County match for Federal Highway Administration Planning and Federal Transit Administration Section 5303 grants. 2. Recommendation that the Board of County Commissioners approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement (LAP) with the Florida Department of Transportation (FDOT) in which Collier County would be reimbursed up to $306,205 of the total estimated cost of $420,000 for the design, construction, engineering and inspection of intersection improvements at the intersection of 111th (Bluebill) and 8th Street. 3. Recommendation to approve a Resolution of the Collier County Board of County Commissioners (BCC) authorizing the submission of the Transportation Disadvantaged Trust Fund TripiEquipment Grant Application with the Florida Commission for the Transportation Disadvantaged (CTD). ($608,398) 4. Recommendation to approve the purchase of two fixed-route buses as scheduled replacements to be operated by Collier Area Transit. ($648,652) 5. Recommendation to approve the submission of the attached Florida Department of Transportation (FDOT) Public Transit Service Development Grant project proposal request for 100% grant funding in the amount of $816,512. 6. Approve a Budget Amendment recognizing an additional $993,198 in Federal Transit Administration Grant Section 5307 funds for Fiscal Year 06/07. 7. Recommendation to approve the purchase of 2.90 acres of improved property required for road right of way for the Vanderbilt Beach Road extension project. Project No. 60168 (fiscal impact: $723,148.50). 8. Recommendation for the Board of County Commissioners to direct the Road and Bridge Department of the Transportation Division to spray herbicide on vegetation in the bottom of a swaleicanal/ditch that drains approximately 1000 acre basin that includes The Boyne South PUD, a portion of US 41, and some agricultural property north and south of US 41. ($2,500) 9. Recommendation to approve Change Order No.1 to Professional Service Agreement No. 05- 3865 in the amount of $503,793 with CH2MHILL, Inc., for the design of Collier Boulevard Road Improvements from Golden Gate Boulevard to Golden Gate Main Canal, Project No. 68056. C. PUBLIC UTILITIES 1. Recommendation to approve two Budget Amendments in the total amount of $107,101 to reallocate budgeted FY07 personnel costs from the Public Utilities Engineering Cost Center and transfer budgeted FY07 personnel costs from the Solid Waste Disposal Scale House Operations Cost Center to reflect the two FTE transfers in this fiscal year to the Financial Operations Cost Center. 2. Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. 3. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the county has received payment and said Liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 4. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. 5. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $60.00 to record the Satisfactions of Lien. 6. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. 7. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $80.00 to record the Satisfactions of Lien. 8. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. 9. Recommendation to reaffirm the use of Ashbritl Environmental Inc. (Contract 05-3661) and Solid Resource Inc. (Contract 05-3831) as the County's 2007 Hurricane Season debris removal and monitoring contractors for operational readiness. 10. Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the water distribution system serving the Dalton and Cypress Mobile Home Parks on Auto Ranch Road at a recording cost not to exceed $1,000, Project 710101. D. PUBLIC SERVICES 1. Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Ethel D. Warren (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 100 Independence Phase II, Immokalee. 2. Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Marie Dume (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 7 Trail Ridge. 3. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jeannine Mathurin (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 97 Independence Phase II, Immokalee. 4. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Amy Cantu (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 79 Independence Phase II, Immokalee. 5. Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Marie Mathurin (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 147 Trail Ridge. 6. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Cirilo Sanchez and Benigna Trejo (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 89 Independence Phase II, Immokalee. 7. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Madai Avalos (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 196 Trail Ridge. 8. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Raudel Salazar and Maria Salazar (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 129 Independence Phase II, Immokalee. 9. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mireya Escobedo (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 98 Trail Ridge. 10. Recommendation to approve a Lease Agreement with the School District of Collier County for the continued use of property adjacent to East Naples Community Park with no annual cost. 11. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Silvia Aguilar (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 81 Independence Phase II, Immokalee. 12. Recommendation to approve submission of the 2007 Continuum of Care (CoC) Homeless Assistance Consolidated Grant Application to the United States Department of Housing and Urban Development (HUD), and authorize the Chairman to sign the application on behalf of Collier County and the Board of County Commissioners. ($443,645) 13. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with George Pierre and Remercile Giles (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Pearce Subdivision Block 2 Lot 18, Immokalee. E. ADMINISTRATIVE SERVICES 1. Recommendation to award Bid #No. 07-4110 On-Call Roofing Contractor Services to Crowther Roofing and Sheet Metal of Florida, Inc. as primary, Advanced Roofing, Inc. as secondary Gulf Western Roofing and Sheet Metal, Inc. as the third vendor for Roofing Services. (annual cost estimate $600,000) 2. Recommendation to award RFP #07-4101 Annual Contract for ADA Surveying and ADA Specific Architectural Design to CH2MHILL to provide accessibility surveys, create a County ADA Master Plan/Transition Plan, providing programming, program verification, conceptual and schematic designs and overall ADA design and planning consultation services. ($100,000) 3. Recommendation to accept the after-the-fact approval by the County Manager of a Capability Survey requested by the District School Board of Collier County that supports the School Districts Grant Application for the Toyota Family Literacy Program (TFLP). 4. Recommendation to approve an Agreement for Sale and Purchase with William C. Scherer and Irene K. Scherer for 80.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $548,000. 5. To approve a price adjustment under contract 05-3796 - "Traffic Sign Materials and Related Items" 6. Recommendation to approve an Agreement for Sale and Purchase with James L. Price, Jr. for 20.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $141,200. 7. Recommendation to approve an Agreement for Sale and Purchase with Thomas J. Connolly, Successor Trustee under the Edward L. Connolly, Jr. Revocable Trust Agreement, dated June 16, 1993 for 70.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $480,200. 8. Recommendation to approve an Agreement for Sale and Purchase with Ralph A. Calo and Barbara Calo for 40.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $276,700. 9. Recommendation to approve an Agreement for Sale and Purchase with Robert Reed Rivers, Jr. and Karl Lewis Predmore for 19.54 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $139,500. 10. Recommendation to approve an amendment to the Collier County Driver Education Grant Program. 11. Recommendation to approve Amendment No. 02 to the Agreement with Collier County District School Board for the Driver Education Grant Program. 12. Recommendation to award RFP #No. 07-4100 Air Filtration Services to Kleen Air Research, Inc. in an estimated annual amount of $153,000.00 F. COUNTY MANAGER 1. Recommendation to approve Memorandum of Understanding for County emergencies between Collier County and Emmanuel Lutheran Church of Collier County. 2. Recommendation to approve an amendment to the Certificate of Public Convenience and Necessity for NCH Healthcare System for non-emergency ambulance service. 3. Recommendation to approve the after-the-fact submittal of the attached Assistance to Firefighters Grant application to the Federal Emergency Management Agency for the installation of powered computer mounting systems, including docking stations, to provide Mobile Data Terminal capability in Emergency Medical Services ambulances and command vehicles for a total of $61,200. 4. Recommendation to approve the outsourcing of Emergency Medical Services (EMS) billing functions to Automated Data Processing, Inc. (ADPI) by piggybacking on the Seminole County Agreement #RFP-0780-05/TRJ for an estimated additional cost of $273,019 in FY 08, resulting in a projected increase in gross revenues of $1 ,296,270 in FY08 (the first full year of implementation). 5. Recommendation to approve Memorandum of Understanding for County emergencies between Collier County and Moorings Presbyterian Church of Collier County. 6. Authorize a budget amendment of $231,000.00 from reserves to the Department of Emergency Management to support the purchase of seven (7) portable generators from Godwin Pumps of America under bid number (063953) to improve the disaster response capability for Collier County. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. ($8,000) 2. Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $110,250.00 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 4005 Harvest Court, Naples, FI 34112 3. Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $110,250.00 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3991 Harvest Court, Naples, FL 34112 4. Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the eRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $114,500 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3979 Harvest Court, Naples, FL 34112. 5. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3032 Van Buren Avenue. 6. Recommendation for the CRA Board to approve an agreement letter assigning the current lease for additional office space for Bayshore Gateway Triangle eRA operations to a new location within the same commercial building at no additional cost and authorize the eRA Chairman to sign. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Fifth Annual Tourism Week Celebration Luncheon on May 16, 2007 and is requesting reimbursement in the amount of $30.00, to be paid from his travel budget. 2. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Ave Maria Univeristy's Commencement Ceremonies and luncheon and is requesting reimbursement in the amount of $12.00, to be paid from his travel budget. 3. Proclamation to designate May 25, 2007 as National Missing Children's Day to encourage all community members to teach a child important, possibly life-saving, safety tips as part of the continuing efforts in Collier County to prevent abduction and sexual exploitation of children. To be mailed to Ms. Kathleen Curatolo, Executive Director, National Center for Missing and Exploited Children, Collier County. 4. Proclamation designating May 20 - May 26, 2007 as Collier County Emergency Medical Services Week. To be sent to Jeff Page, Chief, Collier County EMS. 5. Proclamation to designate May 2007 as Mental Health Awareness Month. To be sent to Ms. Petra Jones, Executive Director, The Mental Health Association of Southwest Florida. 6. Proclamation designating May 21, 2007 to May 25, 2007 as Immokalee Foundation Week. To be mailed to the Immokalee Foundation. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain board approval for disbursements for the period of April 28, 2007 through May 04, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of May 05, 2007 through May 11, 2007 and for submission into the official records of the board. 3. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Fiscal Year 2008 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and designate the Sheriff as the Official Applicant, Sheriff's office staff as Grant Financial and Program Managers, approve the Grant Application when completed, and authorize acceptance of awards and associated budget amendments. 4. Recommend that the Board of County Commissioners designate the Sheriff as the Official Fiscal Year 2007 applicant and program point-of-contact for the United States Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Program, accept the Grant when awarded, and approve applicable budget amendments. 5. Recommendation to approve a Resolution between the Board of County Commissioners and Embarq Telephone Company of Florida. 6. Report to the Board of County Commissioners regarding the disposition of assets no longer deemed to serve a useful function or to have a commercial value. K. COUNTY ATTORNEY 1. Recommendation to approve the Offer of Judgment in the amount of $32,100 as to Parcel 163 in the lawsuit styled Collier County v. Thomas F. Salzmann, et al., Case No. 03-2550-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $7,446.00) 2. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $165,000.00 for the acquisition of Parcels 112 and 712 in the lawsuit styled Collier County v. Raymond A. McCauley, et al., Case No. 05-0633-CA (County Road 951 Project No. 65061). (Fiscal Impact: $104,600.00) 3. Recommendation to Approve an Amended Stipulated Final Judgment as to Parcel 101 in the Lawsuit Styled Collier County v. Roberto Bollt, Successor Trustee, Under Land Trust Agreement dated 1/27/86, et al., Case No. 00-2433-CA (Randall Boulevardllmmokalee Road Intersection) Project #60171. (Fiscal Impact: None) 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. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT-2007-AR-11489, disclaiming, renouncing, and vacating the Countys and the Publics interest in a portion of a combined Lake Maintenance Easement, Drainage Easement, and Irrigation Easement lying over Tract B, Prestwick Place, a subdivision as recorded in Plat Book 46, Pages 9 through 14 of the Public Records of Collier County, Florida, situated in Section 28, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described in Exhibit A. B. This item has been requested by the Petitioner to be continued to the June 12, 2007 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2006-AR-9458, Silver Strand III Partnership, represented by George L. Varnadoe, Esquire, of Cheffy, Passidomo, Wilson & Johnson, LLP and Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a conditional use for Rinker Concrete Plant at Silver Strand in the Rural Agricultural with an Mobile Home Overlay (A-MHO) Zoning District. The subject property, consisting of 14.74 acres, is located approximately 1,300 feet south of Stockade Road on the east side of Immokalee Road (CR 846), in Section 15, Township 47 South, Range 29 East, Immokalee, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-05-AR-8900, Richard D. Yovanovich representing Paul and Ruth Williams requesting approval of a Conditional Use (CU) for an existing stabling facility in the Agricultural (A) zoning district, as specified in Section 2.04.03 of the Collier County Land Development Code (LDC). D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2006-AR-11034 (NG) Naples Bridge Center, Inc., represented by Joss Nageon de Lestang, P.E., of Gulfshore Engineering, Inc., requesting a Conditional Use of Estates (E) zoning district pursuant to Table 2, Section 2.04.03 of the Land Development Code (LDC). The 2.5 acre Estate zoned site was originally approved under Conditional Use Resolution 94-424 on June 14, 1994, for a social organization consisting of a 3,500 square foot building and a parking lot of 83 parking spaces. The proposal is for an expansion to permit an additional 3,500 square feet of floor area and an additional 50 parking spaces. The subject property is located at 5865 Golden Gate Parkway, in Golden Gate Estates Unit 30, Section 29, Township 49 South, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Mav 22. 2007 Continue Item 10M to June 12. 2007 BCC MeetinQ: Recommendation that the Board of County Commissioners adopt a resolution declaring a valid public purpose for accepting voluntary donations made directly to the County for Affordable-Workforce Housing, establishing an Affordable-Workforce Housing Trust Fund and providing general guidelines for use of monies in the Affordable-Workforce Housing Trust Fund. (County Attorney's request) Item 10P: The "Legal Consideration" section was omitted from the Executive Summary of this item. Copies of the corrected Executive Summary have been distributed and made available for review. (Staff's request.) Add Item 12B: This item to be heard at 12:00 Noon. Notice of Closed Attorney-Client Session. Settlement negotiations and strategy relating to litigation expenditures in the pending litigation case of William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06-432- CA, now pending in the Twentieth Judicial Circuit in and for Collier County. (Staff's request.) Add item 12C: Board of County Commissioners to provide action/direction to the Office of the County Attorney as to any Settlement Negotiations and Strategy Relating to Litigation Expenditures in William Litsinger v. Collier County, F/orida and Fred Coyle, individually, Case No. 06-432-CA, now pending in the Twentieth Judicial Circuit and in and for Collier County, Florida. (Staff's request.) Move 16A11 to 10Q: Recommendation to approve a Release and Satisfaction of Code Enforcement Lien for payment received. (Commissioner Coletta's request) Note: Item 10E: Page 4 of 18 of the Executive Summary. Under Program Qualifications, third paragraph, sentence should read: This parcel is owned by CSX, a national railway line and leased to a local railroad company. (The company name was originally entered as CVX). Item 10H: The last sentence of Paragraph 5 of the Supplemental Agreement will be amended to read: "If no objection is made, District, at no cost to the COUNTY. shall convey title to COUNTY to the Lake Trafford site by Quitclaim Deed." Paragraph 3 of the lease to be attached as Exhibit B to the Supplemental Agreement has recently been modified by Alico to read:"LESSEE shall provide, or cause to be provided, on sit management during all times that the Premises is open for public ATV use, includinQ a Qatekeeper stationed at the Qate to be constructed at the public entrance to the premises and another Qatekeeper stationed at the existinQ Qate alonQ the boundary line between the Premises and LESSOR's adiacent propertv. The Countv's on site manaQers shall be equipped with a fire extinQuisher and a shovel for use as a first line of defense in the event fire threatens the Premises while thev are on the site. The emerQencv telephone numbers for the local fire department and emerQencv medical response unit. the Collier Countv Sheriffs Department and the Alico Fire ManaQement officers shall be posted at the Qatekeepers' stations. In addition. . . Use. No fuel shall be bOUQht. sold or stored on the Premises. " A copy of the lease will be available at the presentation of this item. Time Certain Items: Item 101 to be heard at 9:00 a.m.: Recommendation to approve the Interlocal Agreements between Collier County and the City of Naples, City of Marco, East Naples and North Naples Fire Departments for an Advanced Life Support Engine Partnership Program. Item 10A to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners accept the findings of the report entitled "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as directed by the Board of County Commissioners, and direct the County Manager or his designee, to finalize the study, prepare the necessary amendments to Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate the changes to the indexing methodologies and corresponding changes to the impact fee rate schedules for consideration by the Board of County Commissioners at a future meeting(s). Item 14A to be heard at 4:30 p.m. prior to companion Item 10B: Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 from FY07 Fund 186 reseryes to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. Item 10B to be heard at 4:30 p.m., followinQ companion item 14A: Recommendation that the Collier County Board of County Commissioners (BCC) approve a budget amendment totaling $250,000 from FY07 Fund 186 reseryes to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. ~- Item Number: Item Summary: Meeting Date: Page 1 of I Aqenda Ih"m NCL 5A May 22. 2CJ,J7 Pi:;j8 1 of 1 COLLIER COUNTY 80i'::O:)F COUIHV C~)Mrv1ISSI0NERS 5.'" F'kSf''lt Illun I-,y J()h,': I ~;rre LJ' r,c()r '~olT1"",uni:;a\l[ln'; and CJ,,:orneT F:eatis'ls [';1 lil'" :'J07 '-'tl:en',L1I'ey 5/2;/;C07DG'X:/'.P>'I (hte Approved By Jarne~ V. Mudd EloardofCounty Commissioners Co~mty Mlln;:,gcr C('"my Man"gen. (JffJce ~!10!2007\U5I-\M ~- l\genda item i\lo. SA f\'1ay 22, 2007 Page 1 of 11 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an ordinance consenting to the exercise by the Board of Supervisors of Artesia Naples Community Development District of certain additional powers relating to public improvements and community facilities OBJECTIVE: That the Collier County Board of County Commissioners (BCC) adopt an ordinance consenting to the exercise of additional powers by the Board of Supervisors of the Artesia Naples Community Development District (Artesia Naples CDD) pursuant to Section 190.012(2)(d), Florida Statutes, relating to public improvements and community facilities. CONSIDERATIONS: On June 20, 2006, the BCC adopted Ordinance No. 2006-33, establishing the Artesia Naples CDD as a Community Development District within the meaning of Chapter 190, Florida Statutes. Section 190.012, Florida Statutes, provides COll1ll1unity Development Districts with special powers reIating to public improvements and community facilities, subject to the regulatory jurisdiction and permitting authOlity of all applicable governmental bodies, agencies, and special districts having authority with respect to any area included within the district. The Board of Supervisors of the Artesia Naples CDD, by resolution, is requesting that the BCC consent to its exercise of the additional powers specified in Section ] 90.012(2)( d), Florida Statutes, in order to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars. FISCAL IMPACT: There is no fiscal impact as all costs associated with the increased security will be funded by the Artesia Naples CDD. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This ordinance is authorized by Section 190.0l2(2)(d), Florida Statutes, and was prepared by the County Attorney's Office - JAK. STAFF RECOMMENDATION: That the BCC adopt the proposed ordinance authorizing the Artesia Naples COD's Board of Supervisors to exercise its additional powers pursuant to Section 19C1.O 12(2)( d), Florida Statutes. PREPARED BY: Marcia R. Kendall, Senior Planner, Comprehensive Planning DepaJiment Item Number; Item Summary; Meeting Date: Page] of 1 ACJLn'Ja li'"mNc.!JA " 2).2UJ7 20111 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS T~\Is IterTl requires that all parriCipant" b(i sworn In 811d 101 pfln~ disclosurE;' be provide(j by ,;OrnnlISslor. n1ernbers .I>.JI Ordil-,an8E' '-vqllestl~lg Clllih(Jriu.llior. for F,rtesia Nat')les Cornmunlty DevsiQp'nei1! [JlstriG~ Boarr1 oj Supervisors to 8X8rC;!Se certam additIOnal fJOW8rs fo' CH50rJ5 find PrDperty reSiding 111 tI,(: }\rtesl<J Naplb Ccmnumty Cievf':1 Jpmel1t [!I51'ict (::DDi 5.'22,';J007 qOO O:):,M P,anner Date Prcparl'll By Marcia Kendall Cammlln;ty [Jevelopmen: & Env;ronmentaIService!> Comprehensive Planning 5{1120072:54:33PM Approved Ry !\s~lstantCo<1nt\-,Alwm"'y Date Jeff Klatz~ow CO<1ntyAttomey County Attorney Office 511120072;57 PM Approved By Randall J Collen Community Oeyciopll1en: & Environmental Services CommllinlyPlann"'lg and Rc>dfivelor'mcnt Manager Date Gomprel'enS'VBPlannln,J 512;ZOO;'llH.AM Approved Uy f:xecutiv<:Sccretary Date Marienc: Stewart Community Dell",lopmenl & ErwironmcnlalScrvices ComrT1\Jll:tl' Development & EnvironmentalService&Admin 5/21200712:31 PM OpcratiorlS Anal~/~t Dale Approvell By Judjl Puig Community [lDvelopmon: & E!wironmt'nlaIServices c.ommUPl;ty Development & !::nvironmCnli1! Services Admin 5/2Jl007 12:5& PM Approved By JosephY-. Schrn;t\ Comnl\Jnity De',eklpment & ErlVironmo"taIServ,ces Community DevlOlopnwrll & Environmenlal Services Admin&trator u,ite CO"'l11u";ly Deveiopment & Environmental 5<Jrvice<. kdmin 5/212G07 e'lS PM OMBCoordl!lalOr fHiministrativrA~s;s!:Hlt Date Approved By Count\' M,-iI1agm's Office Offl(:~ of M"r."gem8"~ I> Budgel 5i4/20078'48AM AplHo\'e1l8y MJr~ l~acl<50n C(}untyMan,i\wr'~ Office Budget An..,ysl Date Off,ceof Man,1gerTIr:nl.& Budget 5!8/2(1)79[il AM -i,.mes V. MlJ<W :::;ounty Manager Date Appro\'edBy Boa_dotCou,,!)' Ccmm,ssioners ::::cunt\, MarH'fler's Office 5"1',;200710,26 ':'M ORDINANCE NO. 2007-_ Agenda Item No. 8A May 22. 2007 Page 3 of 11 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, F'LORIDA, CONSENTING TO THE EXERCISE BY THE BOARD OF SUPERVISORS OF ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT OF CERTAIN ADIJITIONAL POWERS RELATING TO PUBLIC IMPROVEMENTS AND COMMUNITY FACILITIES. WHEREAS, on June 20, 2006. the Board of County Commissioners of Collier County (Board), adopted Ordinance No. 2006~33, establishing the Artcsia Naples Community Development District (District) as a community development district within the meaning of Chapter 190, Florida Statutes; :md WHEREAS, pursuant to Section 190.0]2, Florida Statutes, community development districts have special powers relating to public improvements and community facilities subject to the regulatory jurisdiction and remitting authority of all applicable governmental hodies, agencies, and special districts having authority with respect to any area included within the dlstrict; and WHEREAS, hy Resolution No. 2007-4, dated Fehruary 13. 2007. a copy of which is attached hereto, the Board of Supervisors of the Districl requested the Board to consent to the exercise hy the District of cCI1ain additional powers specIfied in Section 190.012(2)(d), Florida Statutes, in order to plan, eqahIish. acquire. construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for security, including, hut no! limited to, guardhouses, fences and gelles. electronic inrrusion-detection systems, and patrol cars; and \VHEREAS, lhe Board acknowledges the District's desire to exercise the special powers set forth in Section 190.0J2(2)(d), Florida Statutes, and that these improvements and additions will he funded solely from the District's hudget. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU"lTY, FLORIDA. that: The Board hereby consents to the exercise hy the Board of Supervisors of the District of the special powers set forth in Section 190JJ12(2Hd), FloridJ Statutes, to plan, est;Jblish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and fncilitics for security, including, hut n01 limited to. guardhouses, fences and gates, electronic imrusioll-detectioll systems, and patrol cars, provided however thaI the District may not exercise any police power, hUl may conlract with the appropriate local genera] purpose government agencies for an increased level of slIch services within the District boundaries. PASSED AND DULY ADOPTED hy the Board of County Commissioners of Collier County, F]orida, this ~ UClY of __~_~' 2007, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: . Deputy Clerk By: JAMES COLETTA. CHAIRMAN Approved as to fonll and h~al .'ufficif~C '; I': qli !!! .' .rerf;:('~ l. Klatz~(hv .\bna';fIl1g "\SSlSI,~lt County Attorney Agenda Item I~o. SA May 22, 2007 Page 4 of 11 RESOLUTION NO. 2007-..:L A RESOLUTION OF ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOlUDA TO GRANT THE DISTRICT CERTAIN ADDITIONAL POWERS PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. AUTHORITY FOR TIllS RESOLUTION. The Board of Supervisors (the "Board") of Artesia Naples Community Development District (the "District") is authorized to adopt this Resolution under the authority granted by the provisions of Chapter 190, Florida Statutes, as amended, its Charter (Ordinance No. 2006-33 adopted by the Board of County Commissioners of Collier County, Florida on June 20, 2006, (hereinafter, the "Ordinance") and other applicable provisions oflaw (collectively, the "Act"). SECTION 2. FINDINGS. A. Pursuant to the Ordinance, Collier County established Artesia Naples Community Development District (the "District") as a community development district within the meaning of Chapter 190, Florida Statutes. B. The Board of Supervisors of the Distlict now desires to adopt this resolution requesting the Board of County Commissioners of Collier County to consent by ordinance or resolution to the exercise by the District of certain additional powers specified in Section ] 90.012(2)(d), Florida Statutes and to submit such resolution to Collier County. SECTION 3. REQUEST FOR ADDITIONAL POWERS. The District hereby requests the Board of County Commissioners of Collier County to consent by ordinance or resolution to the exercise by the Board of Supervisors of the District pursuant to Section 190,OI2(2)(d), Florida Statutes of the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and faci1itics for security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systcms, and patrol cars, when authorized by proper govemmental agencies; provided, however that the District may not exercise any police power, but may contract with the appropriate local general purpose govemment agencies for an increased level of such services within the District's boundaries. The District's General Counsel and Bond Counsel are each hereby authorized to submit this resolution to Collier County. 1 Agenda !i8m !\!o. SA [\'';8Y 22. 2007 Page 5 of 11 SECTION 4. SEVERABILITY, Should any sentence, section, clause, part or provision of this Resolution be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Resolution as a whole, or any part thereof, other than tbe pali declared invalid. SECTION 5. upon its adoption. EFFECTIVE DATE. This Resolution shall be effective immediately PASSED AND ADOPTED at a meeting of the Board of Supervisors of Artesia Naples Conu11Unity Development District this ---L"'" day of February, 2007. Attest: ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT f/J )t~~ X:0~<vf ChainnanNiec-Chainnan S".c;r"g",Clj..n f'ddw"ArI..i. N'pit" CIlLhS<<:uril;'.1"RCDD Re,,,I"HO" r<q"csLi'I~ "ddiLi~,,": po.'....er<.Ll0C 2 Agenda Item No. ,SA May 22, 2007 Page 6 of 11 Statement of Estimated Regulatory Costs Proposed Amended Ordinance to the Artesia Naples Community Development District providing for the additional powers pursuant to Chapter 190.012(2)( d), Florida Statutes. Purpose The purpose of this Statement is to identify the economic impacts of the adoption of the Proposed Amended Ordinance to the Artesia Naples Community Development District providing for the additional powers pursuant to Chapter 190.012(2)(d), Florida Statutes. This Statement of Estimated Regulatory Costs is prepared in accordance with the requircments of Chaptcr 120.541, Florida Statutes. 1.0 A good faith estimate of the number of individuals and entitjes likely to be required to comply with the amended ordinance, together with a general description of the types of individuals likely to be affected by the amended ordinance. The principal entities that are likely 10 be required to comply Veith the ordinance include the District, the State of Florida, the County and the master property owners' association. In addition, existing and fitture homeo'oCners and their visitors and guests in the Artesia Naples community will also be affected by the amended ordinance. The Arlesia Naples community is expected to contain 725 residential units when completed 2.0 Good Faith estimate of the cost to State and local government entities, of implementing and enforcing the proposcd amended ordinance, and any anticipated effects on State and local revenues. There 'oCill be no additional costs to the State or local government, since the Artesia Naples CDD already has been established by prior ordinance. The amended ordinance provides jilr additional powers only whieh will not add to the costs oflhe State or local government for implemel1ling same, exceptji)r the County's costs 10 review and adopt the petition. which costs have either been pre-paid or Ihe direct cost re-imbursed by the petir;ollcr. The amended ordinance which provides jilr expanded powers for the District will not have any effect on State and local revenues, e.xcept to the extent that the Dislrict purchases goods and services which may be exemptfi'om the State:, sales tax and to the extent that any (if the District's personal property is exempt ji-om Tangible Personal Property taxes. 11 Ie Distriet in implementing the additional powers will incur additional and recurring annual expenses to operale and maintain the facilities, equipment and services that could be provided by the additional powers. The District in order tofimd the additional cost will impose additional non ad-valorem assessments on the property owners within the District, however, these additional District revenues are ~aenda Item No. SA ~ May 22, 2007 Page 7 of 11 expected to be offi'et by corresponding reductions in expenses and assessment revenues by the Artesia Naples Master Homem171Crs Associalion, the entit), current~v providingfor 5;imilar sell/ices to the property owner5; in the community. 3.0 A good faith estimate of the transactional costs likely 10 be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" arc direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the costs of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and costs of monitoring and reporting. TransactiQnal costs to the local gOl'l~rnmel1lal entities, ,\pec{fically Collier County. are discllssed in Item 2 ahOl'e and involve the rcvinv and adoption of the petition. These costs have either been prepaid or the direct costs re-imhursed hy the petitioner. Othenvise, there are no recurring transactional costs to local gOl'ermnental entilies. T7/e transactional costs to indil'iduals and emities will apply on~v to the property mmers within the boundaries of the Artesia Naples CDD and anvfacilities or sen'ices which the District provides pursuant to the additional powers will be included in the annual non- ad-valorem assessments. T7/e additional powers granted to the Districl arc not likelv to require imposition (~rfi!ing.fces, licensing. additional equipment. operational cost requiremellts on the part o{individual\' or emilie.\'. In considering the transactional costs that may be paid bv those a/fecled b), the proposed bddilional pmvers granted to the Artesia Naples CDD, three points arc important: FilC\t, unlike most other situalions, IOO% oflhe costs that Hill befill1ded by the District Hill be incurred in any event. T7wt is because, if the District did not provide the facilities or senices, then either the Developer or /'.1asler Property OHners Association would pr01'ide thefacilities or sel"ices with those beneflled parties payingfi,,' those same facilities or services. Second, Slate Law requires that pro.\peclive property owners in the Artesia Naples comnnlllitv are disclosed Ihat the District exists and may impose assessments on the benefited property. Alld Ihird, the District must conduct its allnual budget approval and adoption process in open, publicly advertised meeting and provide for comment and illPUtfJYJl11 the public. 2 4.0 An analysis ofthe impact on small businesses as defined by s.288.703, and an analysis of the impact on small counties and small cities as defined by s.120.52. Approval of the petitiollfor additiollalpowers(r,,' the Artesia Naples Community Development District will have only incidel1lal impacl on small businesses, and it is positive. 771e District mus'! operate according to FI()rid(/~~' "slfnshine" la11's and the Districtmust(rJ[[ow the competitive hids requiremel1ls of chapter 19(J.()33filr the goods and senices it 'Hill purchase. As a result, small businesses may he belieI' able to compete filr District business. Agenda Item No. 8.'1 May 22. 2007 Page 8 of 11 Florida Statutes defines "small county" as a population 0/75, 000 persons or less, therejiJl-e Collier County is not a small county by definition. 5.0 Any additional information that the agency determines may be useful. There is no additional information. SERC-Expand('d Powers. doc 3 4.genda item No. SA iAGY 22, 2007 Page 9 of 11 GOODLETTE COLEMAN & JOHNSON, P .A. A TTORNEYS AT LAW Kevin G. Coleman NOlihem Trust Bank Building Linda C. Brinkman 1. Dudley Goodlette 400] Tamiami Trail North Stephen C. Pierce Kenneth R. Johnson Suite 300 Gregory L Urbancic Richard D. Yovanovich Naples, Fl341 03 WilliamM. Burke Edmond E. Koester 239-435-3535 Craig D. Grider 239-435-121 R Facsimile Matthew L. Grabinski Matthew R. Gallc)\vay Marthev-.' M. Jackson Alex R. Figares Jeffrey J. Beihoff writer's e-mail address: Kevin L. Dees gurbancicrCl'!.!cilaw.com April 4, 2007 Marcia R. Kendall, Planner Comprehensive Planning Department Collier County Govemment Center 330] Ta111iami Trail, East Hannon Tumer Building, 8th Floor Naples, Florida 34 112 Re: Artesia ]\"apJes Communit), Development District Request for Additional Powers l'nder Section 190.012(2)(d) Dear Marcia: Our film serves as legal counsel to the Artcsia Naples Community Development District (the "District"). The District \\'as established by Ordinance 2006-33, enacted by the Board of County Commissioners of Collier County, Florida on June 20. 2006. The Board of Supervisors of the District has requested that our office pursue the consent from the Board of County Commissioners for the District to exercise the additional powers listed undcr Section 190.0 J 2(2)(d), Florida Statutes. The powers under said statutory section include the authority for the District to plan. establish, acquire, construct or reconstruct. enlarge or extend. equip, operate and maintain additional systems and facilities for security. Enclosed with this correspondence are the following items relating to this request: 1. A copy of Resolution 2007-04 ufthe District's Board of Supervisors formally requesting that the Board of County Commissioners consent to the exercise of these additional powers by the District. 2. A Statement of Estimated Regulatory Costs relating to the request. 3. Check #l 6 in the amount of52705.00 payable to the Board of County Commissioners 10 cover the application fee and advertising costs. Agenda Item No. SA May 22. 2007 Page 10 of 11 Marcia R. Kendall, Planner April 4, 2007 Page 2 of 2 After your review of the foregoing. please contact me if you have any questions. I would be happy to meet with you to discuss this matter to address any concerns you might have. r--Ir--I Gregory L. Urbancic For the Finn Enclosures cc: Neil Dorrill, District Manager David Caldwell, WCI Communities, Inc. -------~".,,'---,--_..._-' l\qenda Item No. 8A - ~':ay 22,2007 Page 11 of 11 ,/ "':"'- -1'i~--1L!l_ j ~:-_J ~._rn"!'l ~:-i=- "'I 1 j: : ,.. ~" ,t:O.AlTRT <V.Ai ,tl'!" . il.Z.I.I~T,\q.. ~"I '\~~ r/ j j I 2. - ""'! - 'IV F / 'I ,I ''''J' 0>'S:"IiI ;? ''\ II ::runr.'l ~ ~hC ,_ - . '! " t,r.t1l>~"r :;:1 Z.2. i, II ,'1!- .."'~ r' I ~ I 11"" 15 ! '" I : ~"';'''''." 27':!! ~l~ II ~~.I1P il'"/ I < ..... ,. f4.":lr-IA II~ ~ iillJ ... " l:te'ia a 1 5 II I I' .'~ \lje 't L cati J111 I' . I' , I' , , ,!. I !' r .., ./1 r,~ t I " I" .. II ~-i~""""--'~~~--- - -. ---f il;;' ,1-~~Ar~~64~JJ, /i2'J '0 II 11 i:':~; I . II ~~, !RiSEI.P.f:l{ RESERJ'./( PI" ! II: \.. ~~ ~-J r'-~ tC---II~-1 -----/-.---11 I"~' Ii " ' "\J (...0> '1 ' i , ~\o . 11 I ,,-'" I ,. ,,'," ": " ,. _, ,,' " f..: \ \t:;;~-'I- --. - 2E [l...~~[,~~;~,~;.r\\ ,-T-.- , I ! \\.J\ ","!",-,,~~~/--, ~, 'LW' \\ZS~Ak:::p" " I ,':>.\ I ~i), I 1_:;72(; \~ J.-L/H!J ,I .% 1<\.\ 1 -:L . _.' .~. r " 11- \,,\\ "'.- -j;c';:'-"I'-~ I I ! I "" "~I i 'I, \1 J7 >~;l~j;I.~I~S J r';~ J.:)~" ,..,- ~ II i, \'1\ ~-;. \ :)' '-II .../.(f-~' 1l/1~~rl ("V'/:-r'~ "! /.,/.~/ '\~,~ ~J I " ;,.:.( ..'C~-t-l;O ~:'!: . ':.n._.~../{i-i ~ ~ : . i " _ f ",,:':.~ \J 1'~ ~:")'-i,' f ..'/r ,,1-,1 V } t '~y ~~ "--- ~ Sections .f and :"; Township 51 South; Range 26 Fast SITE 10C\ TlO" MAP ,A.genda Item No. SB May 22, 2007 Page 1 of 142 EXECUTIVE SUMMARY PUDZ-A-2005-AR-7422: Larry Abbo, as vice president of Prime Homes at Portofino Falls, Ltd., represented by David R. Underhill, Jr. of Banks Engineering and Robert D. Pritt of Roetzel & Andress, L.P.A.; and William L. Hoover, as president of Catalina Land Group Inc., who is represented by David R. Underhill, Jr., of Banks Engineering and Richard D. Yovanovicb of Goodlctte, Coleman and Johnson, P.A., are requesting a rezone from the Rural Agricultural (A) and Planued Unit Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning district, to add 20.26:10 acres and 80 dwelling units to the Wolf Creek RPUD for a total of 167.9610 acres and 671 dwelliug units, which may be single- or multi-family dwellings, and amend the PUD document and associated Master Plan. The applicant also proposes to reduce the maximnm height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private schools, adult living facilities and churches as allowable conditional uses. The subject property is located on the north side of Vanderbilt Beach Road, approximately one half mile west of Collier Boulevard in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (This item is a companion to Falls of Portofino CDD) OBJECTIVE: ,_. To have the Board of County Commissioners (BCe) review staff's findings and. recommendations along with the recommendations of the Collier County Planning Commission (CCPe) regarding the above rcferenced PUD amendment petition and render a decision regarding the petition. CONSlDERA nONS: The petitioner is seeking an amendment of the Wolf Creek Planned Unit Development (PUD) that was approved in Ordinance No. 03-45, on September 23, 2003. This amendment would add a 20.26:10 acre site that is currently zoned Rural Agricultural as well as adding 80 dwelling units to the Wolf Creek RPUD for a total of 671 dwelling units on a total of 167.96:10 acres. The petitioner proposes to allow single- or multi-family dwellings, and to revise the PUD document and associated Master Plan. The applicant also proposes to reduce the maximum zoned height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private schools, adult living facilities and churches as allowable conditional uses. FISCAL IMPACT: The PUD amendment, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD amendment is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building pennits to help offset the ._ impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Gro",oth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to Grey Oaks PUD, PUDA-2006-10157 Executive Summary for April 24, 2007 BCC Page 1 of 6 Agenda Item No, 83 May 22, 2007 Page 2 of 142 meet the requirements of concurrency management, the developer of every loeal development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are nol included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban Mixed-Use District, Urban Residential Subdistrict on the Future Land Use Map of the Gro"''lh Management Plan. This district is intended to accommodate a variety of residential and non-residential uses, including Planned Unit Developments. The Subdistrict permits a variety of residential unit types at a base density of 4 dwelling units per acre (DU/A) and limited to a maximum of 16 DU/A, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable, Therefore the site is eligible for 4 DU/ A. The requested density is 3.99 DU/ A. Comprehensive Planning staff has evaluated this petition relative to other policies of the GMP. For details, please refer to the Staff Report prepared for the Collier County Planning Commission. Transportation Element: Transportation Planning Department staff has reviewed this project based on the current TIS guidelines and with respect to the Collier County Gro\\'lh Management Plan TranspOl'lation Element and has detennined that the project is consistent with the Transportation Element, offering the following comment: The Wolf Creek PUD can be considered consistent with Policv 5.1 of the Tramportation Element of the Growth Management Plan [GMPj. Improvements to the adjacent roadway network are currentlv under construclion, Couuty Road 951 improvements to a "'ix-lane configuration is scheduled fiJl- completion in the first quarter of 2009 'when the roadway is planned to have a remaining capacity of approximately 1200 trips, and is projected to be at a LOS "C", Vanderbilt Beach Road improvements are scheduledfor completion in the first quarter of 2008, and that roadway will have a projected remaining capacity of approximalely 2,600 trips with a LOS "B ", GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is also consistent with GMP Transportation Element Policy 5.1 as previously discussed. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objectives Grey Oaks PUD, PUDA-2006-1 0157 Executive Summary for April 24, 2007 BCC Page 2 of 6 Agenda Item No. 88 i\1ay 22, 2007 Page 3 of 142 and policies of the overall GMP. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable- Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. The Environmental Advisory Council reviewed this petition as noted below. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Commission (EAC) heard this petition on March 7, 2007, and voted unanimously to approve it with the following stipulation contained in the EAC Staff Report to address Stornlwater Management concerns: "A modification of the existing SFWMD Environmental Resource Permit must be obtained prior to final County Development Order approval." The petitioner has added the stipulation to Section 5.9.1 of the PUD document. COLLIER COUNTY PLANNING COMMISSION (CCPe) RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on April 19, 2007; Commissioner Vigliotti made a motion that Commissioner Schiffer seconded to forward petition PUDZ-A-2005-AR-7422 to the BCC with a recommendation of approval by a vote of 8 to I subject to the following stipulation: Prior to the Board of County Commissioner's hearing, the PUD document shall be modified to address the following: I. Add the word "minimum" to Table I, Distance Between Structures [Staff has modified the PUD document to include the word "minimum" to all relevant portions of Table 1.]; and 2. Remove "1,000 Sq. Ft. for Fiber Optics Buildings" from Multi-family Minimum Floor Area in Table 1. [this has been removed.]; and 3. Clarify and correct the error in PUD Document Sections 3.4.8. and 5.9 regarding the minimum acreage of native vegetation that must be preserved on site [Staff has received clarification from the agent and County Environmental staff that the 32.51 acres is incorrect; 32.32 is the correct figure. The document has been revised to reflect the correct acreage]; and 4. Remove Sections 5.9.G-I of the PUD document because they are redundancies [Staff removed Section 5.9 items A-E and G-I because all sections were redundant; remaining sections were re-lettered.] and 5. The following limitation shall be added to Section 5.7 M; No building pernlits shall be issued for any of the additional 80 units approved in the 20 acres that is being added to this PUD until such time as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and Livingston Road, and CR 951 between Golden Gate Boulevard and Immokalee Road are substantially complete. [Staff has added this limitation as requested.] Grey Oaks PUD. PUDA-2006-10157 Executive Summary for April 24, 2007 BCC Page 3 of 6 "oenda Item 1"0, 88 .., May :22, 2007 Page 4 of 142 Commissioner Midney did not support the motion. Because the CCPC vote was not unanimous, this petition cannot be placed on the summary agenda. LEGAL CONSIDERATIONS: This is a site specific rezone to add 20ic acres zoned Rural Agriculture (A) to an already existing PUD, for a project known as Wolf Creek RPUD. Site Specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to detennine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Additionally, the applicant is amending some of the development standards including the removal of conditional uses and reducing the height. These proposals should also be reviewed utilizing any of the applicable criteria below. Criteria for pun Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or ltot. I. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and rccommcndations of Ihis t)l'c shall hc madc only aftcr consultation with thc county attorncy. 3. Consider: Confonnity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. "..,.~ 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. Grey Oaks PUD. PUDA-2006-10157 Executive Summary for April 24, 2007 Bee Page 4 of 6 Agenda Item tJo. sa t!:ay 22,2007 Page 5 of 142 8. Consider: Confonnity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on detennination that such modifications are justified as meeting public pmposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern ? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with sumlUnding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or other",se affixt public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely aflect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a gral1t of special privilege to an individual ovmer as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used m accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already pennitting such use. Grey Oaks PUD, PUDA-2006-10157 Executive Summary for April 24, 2007 Bee Page 5 of 6 Agenda Itern No. 88 May 22, 2007 Page 6 of 142 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County grO\vth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, artJI], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Exccutive Summary, maps, studies, lettcrs from interested persons and the oral testimony presented at the BCC hearing as thcse items relate to these criteria. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2005- AR-7422, PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Grey Oaks PUD, PUDA-2006-10157 Executive Summary for April 24, 2007 Bee Page 6 of 6 Item Number: Item Summary: Meeting Date: Page 1 01'2 COLLIER COUNTY BOARD OF :::OUNTY cm..nv1lSSIQl\ERS dB :hi" :tr>rn 'rr~l,'r€S then all pa~tl<':;IPants be, ~,worn In arlrJ 81 fJart8 'Ji',C:O~;:JrE' be p;(Jvid,~,j by ~>n1rn";:,ioI1 "'8rnr,,,'rs Petltlun I)U[jZ-A-2ll0~,-A,p"-;4n (K[)i L,my i\t;bo, 9S ,:c.e presiJull 01 "wnc Horn",:; ill hrToh',o Fa:ls, :...td rppr';,Si'llle(: Ill' David R Un-Jerf'!111. ,Jr, 0' Ofm~s [:T~;r',~{;ri(l0 and r?,;'bert D Pritt (Jf Pot:ezel & .'lPdres~_' ~.f Ol1dV,iilllmnL Honver,as P"';< neTT 0' Catai,na Land C;r~,up inc ',','TL' IS rerYe,c'Tkd by Uii'ild r,. ltl1c1'Or~1i1i JI DI 3Cl:1k,~ E'1:JrnEelirn irTc) r~ichcn1 C, YC'/a'lo'oJ.C[', Df '::'0Uc!!Hl€, CUliHllcrl' 2nd JOi--,,1SCr:, F',A iye requesting <1 ,",:cone h'lm the R,;ra Agr'c.ulturall;'" dfld F'i"rl!1e~ U'Tit =,eveiopmenT ,YL:D) :conllVl :tstncb to !~Ie r\8sl,:jer'ti,,'I:>iar:nE';(j lhll ~)8v"l(;prnent (RF'UD': ;.()n;'1~; ~115111~~ ", ;-;da ::'0:'6 auf'S an" An j""ellln9 lm'b ;') 111E' I/voll Crt'N, F":'~~ID 101 D :ota! of 1(''-;' DC i1ue:: and 671 dw"I'''T~ un,IS w'<Ich '''cry Of' $"'Tgl&- O~ ':llP'--fnf11,iy (J'N81I,n:,:s, arid ami'rld Hv P;.JD dur;~rrWllt and a,;sQc,aT'i'd Ma5lH ~'Ian -~'HJ appl'c.ant alsn pmocses to red.JU', :rle '1l<mmurr: i)H]h~ 0; nrilll-Tamily sll'.,cwr(':i h)T 4::', fe(~: ,mu 3 ,IOrl"s \0 :;l! fes: and::- stories, ilno cL:nir;!]I" nursing ",ornes priviTlC s,::hoG's 8dul' hVIIl,: la,.I!:iI0S and chu'c:les as d':(Jwi;b'e con:litlcr-,81 L1ses :Ile SU!iject propHrty I, iOCiTle~ Oil 'hp 'W'irl SlUE; 0' V;mderbiP aHnet! Road 2ppr(!ilnI1Jtdy orl~' fult milE: wes: of Culller 8uuipv3nJ ,n Sect;on 34 ~,)W' ;r"p -1b Scu:ll, R:JI1gE ::'!" ,:ast '"~nlh~, ~~(JlInly "',w,da r:Compillllon ~iem I;,' trl" Fall" of e'ort0f;110 Commllllity [IHvpi"I',nwt Ddric, (CD[))) "21107'':;00 U;i,LM Date Prepllretl B}' K'lY Deselem, AICP Community Ot'vclopme,,1 & Env,rtlnmenlalSurviccs P"ncipalPlanner Zoning & Liltld ()"v~lopmen! Review 511f2007B;47:43PM Date Approved B}' Maden", Slrwart EXl'cutivf' Secretary 5!1120071223PM Allproved By Communltv uev('lopment & Communit;, Df'velopm,rnt & Envlrollmemnl Services E,-,vironmcntal S""vi"es Admin J,d,' FUlg Op"r~tj(Jns An"'vst Dole Allprun'd By C0""rl\Jnltv Devociopmenl & C"mmLlrtJ\~ De"elopnll'nt I>. EI1\lIrO'l'l'lCI1lJI S"r",~es Env,roill!1~'''tal S"".vicw, {\<im;n 512120071227 F'M Pily Ue!lowG COrlf<lIUrHty Dc 'ei'Jpmer,t & Envlrotll'lental S~r'J'ce~ CtTirJ("L'llner ,'int", 2nnmg 6. Land PL'velQpment F<<-,v,ew 5/2,';COD7 ",S,! 1-~M Dille Appro\'ed B~' SUbJn liurr<Jy,!.;ICP CO'l''1llln;trDnvewpmenl& f.nvironm"nI~i S~n'l"es lmHng Ii U"ld D{>v(!lOpm'~nt ,-'m,c\or ::,{lnlng& LanCDf'veiopmeflt Rr>view 5!31200711.46 ;IM Dam Approved By Nic~. CJs~I"r!\lu<(jtl Tnllll\portnlionSNv,ces Mf'O ["r"ctor TI'.JnsponatlQ)pi;ITl'''''fJ ~!4nO[}74:22PM D'ltf' Approved By Norm E, F.,tlcr.AICP Transpnrt<ltl'JIlServices T'~nSflortatlonD,,'is,onAdnllnls\rmor T"Jn5Wllt~I'onS'CrvicF,.Adl1<ln 51[;!2007 '40 PM AllprovcdBy JOSf,pllr.:SGhrnill Community (J(>v"iQpnl",.,:& Env;mnmcntaIS"fyicl's CommunityO"veloprnt'nt & Ellvlron,nema: Service" Adm"'~trator Date Comtllunit~' D"vewprn"nt& EllV,rOn'"",nt~: ""rv;c,,~: "'dmm $I1U'ltKI7115JAM [J~te AppruVl'd By M~r)Drie M_ Studen\--SUrhng Ass,,.,tan! C"unt,' "ttorney 511G120071::,25PM Allproved B)' CQuntyAttorney Ccuntr Attrmwy Clfficc OI,'ECoordinalor County Manager's Office AtlInln'Mr~\i\le AS5i!;umt D~te Olfic(' of M~n~gcm(!n\ & Budget 5!10:20072,14PM DUle Appr"vcdBy 1;13rk I~>"ckson 8'-'dgel Analysl C:>wnL' riJ""uer'~, Of Lee C)fflu'of '-'anitC"."",enl& 8ud('Jet 5111/2007 ~2' AM "I'pr"n.d By ,~u 'Ill'S V ,/0 " d u C:""C1tl' r~J""\Jer Dale Railrdd:;u,,',ty (~o"nt,. M.ln~'Jel ,~ O';,ce 5!11,'2007 2:1~ PM :-lJrllrr'I~";;"''''rs Agenda Item No. 88 May 22, 2007 Page 9 of 142 ~". Cotl.ler County - '-~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 19, 2007 SUBJECT: PUDZ-A-2005-AR-7422: WOLF CREEK PUD APPLICANTS: Larry Abbo, Vice President Prime Homes at Portofino Falls, Ltd. 5555 Anglers Ave. Ft. Lauderdale, FL 33312 AGENTS: David R. Underhill, Jr. Banks Engineering, Inc. 2515 Northbrooke Plaza Dr., Suite 200 Naples, FL 34119 Robert D. Pritt Roetzel & Andress, L.P. A. 850 Park Shore Dr., Third Floor Naples, FL 34103 REQUESTED ACTION: William L. Hoover, President Catalina Land Group, Inc. 3785 Airport Road, North # B-1 Naples, FL 34]05 Richard D. Yovanovich Goodlette, Coleman, & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone request from the Rural Agricultural (A) and Planned Unit Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning district. GEOGRAPHIC LOCATION: The subject property is located on the north side of Vanderbilt Beach Road, approximately one half mile west of Collier Boulevard (CR-951) in Section 34, Township 48 South, Range 26 East, Wolf Creek, PUDZ-A-2005-AR-7422 April 19, 2007 CCPC Page 1 of 7 Agenda Item No. 88 May 22. 2007 Page 10 of 142 Collier County, Florida. (see location map on the following page). PURPOSEIDESCRIPTlON OF PROJECT: The petitioner is seeking an amendment of the Wolf Creek Planned Unit Development (PUD) that was approved in Ordinance No. 03-45. on September 23, 2003, to add 20.26cJc acres (zoned Agricultural) and 80 dwelling units to the Wolf Creek RPUD for a total of I 67.96cJc acres and 671 dwelling units. The petitioner proposes to allow single- or multi-family dwellings, and to revise the PUD document and associated Master Plan. The applicant also proposes to reduce the maximum height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private schools, adult living facilities and churches as allowable conditional uses. SURROUNDING LAND USE AND ZONING: North: Palermo Cove, a 13 H-aere developing residential project that was approved at a density of 4 units per acre, with a zoning designation of RPUD and Scenic Woods, which was recently rezoned to RMF-6(4) East: Sonoma Oaks, a 37.5cJc-acre mixed use project whose residential portion was approved at a density of 4 units per acre with a zoning designation of MPUD; and Mission Hills PUD, a partially developed commercial project on 33.45cJc acres, with a zol11ng designation ofCPUD South: Carolina Village, a 15.88cJc-aere mixed use project with a zoning designation of MPUD whose residential pOliion was approved at a density of 4.03 units per acre; and Vanderbilt Beach Road West; Island Walk PUD/DRI; a built out 705cJc-acre mixed use project whose residential portion was approved at a density of 3.04 dwelling units per acre Wolf Creek. PUDZ-A-2005-AR-7422 April 19. 2007 CCPC Page 2 of 7 .Agencla Item No. 8B May 22. 2007 Page 11 of 142 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban Mixed-Use District, Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non-residential uses, including Planned Unit Developments. The Subdistrict permits a variety of residential unit types at a base density of 4 dwelling units per acre (DU/A) and limited to a maximum of 16 DU/A, as allowed under the Density Rating System. No dcnsity bonuses are requested and no density reductions are applicable. Therefore the site is eligible for 4 DU/ A. The requested density is 3.99 DU/A. Comprehensive Planning statT has evaluated this petition relative to other policies of the GMP as noted below with statT comments following parenthetically in italized text. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (Access to the projeet has been provided via Vanderbilt Beach Road) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The Master Plan provides inlerconnection between Wolf Creek PUD and Palermo Cove RPUD to the north bv way of Wolfe Road, and isfill'lher depicted on the Master Plan Ihat the developer of Palermo Cove PUD will extend Pristine Drive north of Wolfe Road. To the south, between the entrance of Wolf Creek PUD and Buckstone Drive, is an interconnection )1.;lh the proposed roadway, Carolina Way. To the east, provides conneclion between Buck~tone Drive and Mission Hills Drive which connecls to Collier Boulevard (CR 95 I). To the west is Ihe developed gated community of Island Walk PUD, where interconnection is not possible) Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (His has been depicted on Ihe PUD Masler Plan Exhibit A, and is also depicted in Section III Residential Areas Plan, 3.3 through 3.4.A-H) Based upon the above analysis, Comprehensive Planning staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. Transportation Element: Transportation Planning Department staff has reviewed this project based on the current TIS guidelines and with respect to the Collier County Growth Management Plan Transportation Element and has detem1ined that the project is consistent with the Transportation Element, offering the following comment: Wolf Creek, PUDZ-A-2005-AR-7422 April 1 g, 2007 CCPC Page 3 of 7 ;:',Qellda Item No. 88 ..., [,,1ay 22, 2007 Page 12 of 142 nle Wo/fCreek PUD cl1n he considered consistent with Policy 5.1 of the Transportation Elel1/ent of the Grill1th Ml1nagement Pll1n [GMP]. Improvements 10 the adjacent roadway network are currentlv under conslruclion. Coun/y Road 951 improvements to a .\'ix-lane configuration is scheduledfin' completion in thefirSI quarter of 2009 when the roadway is pll1nned 10 have 11 remaining capl1cilv of I1pproximl1tely 1200 Irips, and is projected to he at a LOS "C". Vanderhill Beach Road improvements are scheduled/or completion in the .first qUl1rter of ]008, and that rol1dwl1Y "ill have 11 projected rcmaining cal'acily of I1pproxil1/l1lely 2, (jOO trips wilh a LOS 'B". ANAL YSIS: Staff completed a comprehensive evaluation of this land use petition and the critel;a upon which a favorable deternlination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.B.5 of the Land Development Code and required staff evaluation and comment. The staff evaluation establisbes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn, use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the stafT repOli (See Exhibit A and Exhibit B). Environmental Review: Environmental Services stafT has reviewed the petition and the PUD document to address any environmental concerns noting that the PUD requires preservation of 25 percent (32.32 acres) of the existing naturally functioning native vegetation all of which is being provided. Approximately 95 percent (30.8 acres) is currently shown on the Wolf Creek PUD Master Plan. The proposed site plan will impact 1.42 acres (100 percent) of the Palmetto Prairie, 42.07 acres (90.6 percent) of the Pine Flatwoods, .67 acres (6.8 percent) of Cypress, 6.07 acres (91.8 percent) of the Drained Cypress, and 46.74 acres (79.0 percent) of the PindCypress/Cabbage Palm. Environmental staff recommends approval subject to the condition that a South Florida Water Management District surface water management permit be obtained prior to site development plan approval. Transportation Review: Transportation Planning Department stafT has reviewed the petition and the PUD document and Master Plan that accompanies the rcquest, and is recommending approval of this amendment subject to the stipulations in the PUD document. Zoning Review: Relationship to Existing I1nd FlIllIre Land U\es: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be pelmitted if the proposed zoning action (PUD amendment) is approved. and to the requirements or limitations set forth in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The list of uses is not proposed to change, per se. The PUD was approved to allow a mix of residential uses, and that is still the case. The uses were deternlined to be consistent with the GMP when the original Wolf Creek rezoning was approved, and as part of that consistency finding, the uses were Wolf Creek, PUDZ-A-2005-AR-7422 April 19, 2007 CCPC Page 4 of 7 )I,genda Item No. 8B May 22, 2007 Page 13 of 142 deemed to be compatible with the land uses that have been developed or would be developed on adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and the Master Plan, the Wolf Creek PUD is already developing with residential uses. The surrounding area uses, consisting of either totally residential uses or a mix of residential and commercial uses within a mixed use project, are on similar development time tables and appear to be compatible with one another; no changes are proposed to the PUD document that would allow different development. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. There are no "new" land uses proposed in this petition and the project's density will remain the same. In reviewing the appropriateness of the requested intensity on the subject site, the typical compatibility analysis would include a review of both the subject proposal and surrounding properties as to allowed use intensity, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. The Master Plan submitted for the PUD does not show project design detaiL No buildings have been shown on that plan. The Master Plan is not required to show design detail such as building footprints. Staff does not believe the proposed amendment will affect the finding of compatibility that was made when this PUD was originally approved. Deviation Discussion: The petitioner is seeking one deviation from the sign requirements of the LDC. The deviation is found in PUD document Section 3.4,H. Deviation #1 seeks relief from LDC Section 5.06.02A.6.a that requires on-premises signs within residential districts to maintain a ten-foot setback from any property line unless placed on a fence or wall to allow a zero (0) foot setback from the property line shared with the Carolina Village Mixed Use PlJD. Petitioner's Rationale: This deviation will permit approximately half of one double-faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek Residential PUD (labeled Pristine Drive on Exhibit "A") and the Carolina Village Mixed Use PUD and on the west side of the Carolina Village property line and to reduce the minimum 10-foot setback from the neighboring Carolina Village Mixed Use PUD to 0 feet with the advertising limited exclusively to no more than 3 residential developments within the Wolf Creek Residential PUD. The proposed sign must meet all vehicular safety sight distance standards for Collier County and have a minimun1 10-foot setback from the Vanderbilt Beach Road light-of-way, as described in Section 5,06.02A.6,a of the LDC. The proposed sign will be externally lighted and not internally lighted. Staff Analysis and Recommendation: A similar deviation was approved for Carolina Village PUD in Ordinance Number 05-19, Section 3.4. The petitioner in that instance stated the following in support of the deviation: Wolf Creek, PUDZ-A-2005-AR-7422 April1g, 2007 CCPC Page 5 of 7 )'<,oerlda Item No. DB -' fv~ay 22, 2007 Page 14 of 142 TIlis deviation allows a better quality sign to be constructed(or Ihe 3 residential projects wilhout having the sign looking out of balance if it "'ere located solezv on the western half o( the median in Ihe road, and also minimizes conft/sion for visitors and deliveries to the 3 residential projects, The deviation being sought as part of the current Wolf Creek action coincides with the approval granted for Carolina Village Mixed Use PUD. Zoning and Land Development Review staff has reviewed this deviation and recommends APPROVAL. finding that. in compliance with LDC Section 10,02,13 .A.3. the petitioner has demonstrated that "the element mav be waived without a detrimental effect on the health. safetv and welfare of the communitv," NEIGHBORHOOD INFORMATION MEETING (NIM): Bill Hoover, agent for the applicant, held the required meeting July 12,2005 at 5;30 P,M, at the North Naples Baptist Church, The applicant's team and county staff were present, along with eight neighboring propel1y owners. During the course of the presentation, Mr, Hoover stated that "all of the buildings heights would be a two-story maximum" and there will be a 10-15 feet deep bufTer between Island Walk and the new development where there is no preserve area." Of those in the audience who spoke, no one stated any objections to the proposed rezoning or development. (Synopsis provided by Linda Bedtelyon, Community Plmming Coordinator) ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Commission (EAC) heard this petition on March 7, 2007, and voted unanimously to approve it with the following stipulation contained in the EAC staff report to address Stormwater Management concerns: "A modification of the existing SFWMD Environmental Resource Pennit must be obtained prior to final County Development Order approval." The petitioner has added the stipulation to Section 5,9.1 of the PUD document. RECOMMENDA nON: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUD-Z-A-2005-AR-7422 to the Board of County Commissioners with a recommendation of approval subject to the conditions of approval contained in the PUD document. Wolf Creek, PUDZ-A-2005-AR-7422 April 19, 2007 CCPC Page 6 of 7 Agenda Item No. 8B May 22. 2007 Page 15 of 142 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSIST ANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the May 22,2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings Wall Creek, PUDZ-A-2005-AR-7422 April 1 g, 2007 CCPC Page 7017 CO"-N 51 o ~ .~ -~I ",,0"" ~I ~ I ,0""- 0:"\.1......... Z .0 c ~ co ~ ~ - .~ :;:'CD d -...:.::: OJ o' d m.2: ro ;,S &1 ;2 "- 1;;1 ill j z a.. CJ> wQ ,~ !::!;( <( roO 0 ~ ~ , " ! :> .. C) ! Z - Z d 0 ~i N N N ... ... '" l < " , 5 , .. .. Ili. ~ ::> on 0 0 N ~~~ I ~ - ::l "- .. z 0 f- I ! I I f- i. i. ~~ UJ "- , , J . . - '. , Ii !2 i ~ '; ~ tz I ~ I I l l , wQ s ,':;; a.. !! i 00 :l:g I ! I <( I i. '" , " ,,~~ :: ~~ ~ I I ~ . ~~~ '"= Z -,- , 0 I l_ · ,II I , i. i I II i, - ! . J · ., 0'- . I; f- i - 'i - ;; <( ! I I I () I ~ 0 I . 1 ~~II ~~R ~~ ;Ii ---l .- . "Iii . Iii q 'Iii ~! , ~~~ .I-~~ I ~ I I !~, ! i, i. I- I " "j " ~ ~! :<1i~ !! . i~' ., . - I -'I ! ! -~ IL-:;UV.IlRGJ.M i\genda Item No" 8B May 22, 2007 Page 17 of 142 Exhibit A REZONE FINDINGS PETITION PUDA-2005-AR-7422 Chapter m03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consIstent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff report) of the relevant goals, objectives and policies of the Conservation & Coastal Management Element, the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: None. Findings: Based upon staff's review, the proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. 2. The existing land use pattern. Pro: The explanation of the request in the staffreport and the location and zoning map that is attached to the staff report show the proposed amendment will add approximately 20 acres to the proj eet. Con: None. Finding: Staff believes the proposed additional acreage is a logical addition to the project because this added acreage is encompassed on three sides by the original project. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con; Evaluation not applicable" Findings: Staff believes the proposed additional acreage is a logical addition to the project because this added acreage is encompassed on three sides by the original project. 4. Whether existing district boundaries are Illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con; Evaluation not applicable. Findings: The district boundaries are logically drawn as discussed in Items 3 and 4 above. Page 1 of 5 !',genda Item No, 8B May 22, 2007 Page 18 of 142 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro; The proposed change is not necessary. per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract could be developed in the manner currently proposed if the petitioner so desired. It is the petitioner's choice to seek the proposed action, Findin:!s; The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the OMP) is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The County's current land use policies in the FLUE support the proposed action and the proposed use is not contrary to the current land use policies. The proposed amendment should not adversely influcnce living conditions because the use proposed in similar to other uses approved for or developing in the area. Con; None, Findinus: The proposed change should not advcrsely influence living conditions in the neighborhood because the proposed change will provide a net decrease in traffic thus reducing the amount of adverse impact dcvelopment of this site might have had on adjacent and nearby developmcnts. 7, ,"Vhether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro; Development of the subject propel1y is consistent with provisions of the Transportation Element of the OMP, therefore, approval of this project should not create types of traffic deemed incompatible with surrounding land uses and it should not affect the public safety. Con: None. Findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the OMP and the project was found consistent. Additionally, certain transportation improvements arc included in the PUD document. 8. ,"Vhether the proposed change will create a drainage problem. EXHIBIT A Rezone Findings PUDZ-A-200S-AR-7422 Page 2 of 5 Agenda Item No. 8B May 22, 2007 Page 19 of 142 Pro: Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement and are already in place for the most part. Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro: The proposed development standards will ensure that adequate light and air is allowed to adjacent properties. Con: None. Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro/Con: Evaluation not applicable. Findings; This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro/Con; Evaluation not applicable. Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. EXHIBIT A Rezone Findings PUDZ-A-200S-AR-7422 Page 3 of 5 Agenda item No. 83 1\1ay 22, 2007 Page 20 of 142 Pro/Con; Evaluation not applicable. Findin~s: The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact. the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further detennined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. '''hether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro: None. Con: The petitioner could finish the development of the PUD within the parameters of the existing PUD document allowance. Findings: Any petition for a change in land use is reviewed for compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to gamer that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: Staff believes this amendment request proposes changes that are within the scale of the needs of the neighborhood and County. Con: None. Findin~s: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro!Con: Evaluation not applicable. Findin~s: Because the petitioner is seeking to amend a particular PUD which is an already approved project, this analysis is not gennane to this petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for auy of the range of potential uses under the proposed zoning classification. EXHIBIT A Rezone Findings PUDZ-A-200S-AR-7422 Page 4 of 5 Agenda Item No. 8B May 22, 2007 Page 21 of 142 Pro; None perceived. Con: The specific site under consideration in this PUD amendment is undeveloped at this time. Findings: Any development of this site would require considerable site alteration with the proposed use of this portion of the site. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County LDC regarding Adequate Public Facilities. Pro/Con: Evaluation not applicable. Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final detennination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. Page 5 of 5 EXHIBIT A Rezone Findings PUDZ-A-200S-AR-7422 Exhibit B PUD FINDINGS PUDA-2006-AR-10157 Agenda Item No. 88 May 22. 2007 Page 22 of 142 Section 10.02.13 .B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1, The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: None. Finding; The stipulations included in the PUD document adequately address the impacts from the proposed amendment. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provided evidence of unified control. The PUD document makes appropliate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies ofthe Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has ofTered an analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: Staff's analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliance. The GMP Transportation Element Policies 5.1 and 5.2 contain measurable components: however, FLUE Policy 5.4 does not. Compatibility is more subjective. Finding: Staff has recommended that the subject petition has been found consistent with the goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please see the staff report for a more detailed discussion. Page 1 of 3 Agenda Item No. 88 May 22. 2007 Page 23 of 142 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro; The proposed development standards, landscaping and buffering requirements are designed to make the proposed residential uses compatible with the adjacent residential uses. Con: None. Finding; Staff analysis as contained in the staff report indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing sWTounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concWTency requirements does not appear to be a significant problem as part of the PUD amendment process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: County Transportation Planning staff has deternlined that the proposed amendment is consistent with the GMP Transportation Element requirements addressing roadway concerns. Con: None. Finding: If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. PUD FINDINGS PUDA-2006-AR-I0157 EXHIBIT B Page 2 of 3 l'...g~nda Item No. 38 fv1ay 22, 20G 7 Page 24 of 142 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivaleut to literal application of such regulations. Pro/Con; Please rcfer to the Staff Rcport Deviation Discussion. Finding; This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards; however the petitioner is seeking one deviation as part of the PUD amendment approval. The deviation is discussed in the Staff report. The deviation being sought as part of the current Wolf Creek action coincides with the approval granted for Carolina Village Mixed Use PUD. The deviation would give the developer flexibility in the location of the two projects' project identification signs as an alternative design fi'Om what strict adhercnce to the LDC would allow. Staff believes the deviation proposed gcnerally meet the intent of the LDC rcquirements but take into consideration the site design limitations imposcd by the configuration of thc subject property. Zoning and Land Development Rcvicw staff has revicwed the deviation and recommcnds approval, finding that, in compliance with LDC Section IO.02.13.A.3, the petitioner has demonstrated that "the elemcnts may be waivcd without a detrimental effect on the health, safety and welfare of the community. PUD FINDINGS PUDA-2006-AR-IOI57 EXHIBIT B Page 3 of 3 Agenda Item No. 8B May 22. 2007 Page 25 of 142 Item VLA ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7. 2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUD Rezone, No. PUDZ-2005-AR-7422 Wolf Creek PUD Prime Homes, Inc. Banks Engineering Hoover Planning & Development, Inc. II. LOCATION: The subject property is located approximately 1/2 mile west of Collier Boulevard (CR 95]), on the north side of Vanderbilt Beach Road (CR 862). The petition would add 30.41 acres for a total of 178.1 acres to be contained within the Planned Unit Deve]opment. The subject property is located in Section 34, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The proposed Planned Unit Deve]opment (PUD) is bordered by the Island Walk PUD/DRI to the west, Palenno Cove PUD to the north, the proposed Sonoma Oaks PUD and the Mission Hills PUD to the east, and by Carolina Village PUD to the south. Most of the neighbOling uses will be residential development. Both the Carolina Village PUD and the Mission Hills PUD pennit commercial development. ZONING DESCRIPTION North: Pa]enno Cove PUD and Scenic Residentia] Woods, RMF-6[4] East: Sonoma Oaks MPUD and Residential and commercia] Mission Hills CPUD South: Carolina Village MPUD and Commercial Vanderbilt Beach Road West: Island Walk PUD/DRI Residentia] EAC Meeting 3/07/07~. Wolf Creek PUD ,A.genda Item No. 88 May 22. 2007 PaJ8 26 of 142 Page 2 of 7 IV. PROJECT DESCRIPTION: The proposed PUD amendment requests a rezone from the Rural Agricultural (A) and Planned Unit Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning district, to add 20.26010 acres and 80 dwelling units to the Wolf Creek RPUD for a total of 167.96010 acres and 671 dwelling units, which may be single- or multi-family dwellings. and amend the PUD document and associated Master Plan. The applicant also proposes to reduce the maximum height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes. private schools, adult living facilities and churches as allowable conditional uses. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban Mixed-Use District. Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non-residential uses, in eluding Planned Unit Developments. The Subdistrict pern1its a variety of residential unit types at a base density of 4 DU/A and limited to a maximum of 16 DU/A, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable. Therefore the site is eligible for 4 DU/A. The requested density is 3.99 DU/A FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its totality. Policy 7.1: The County shall encourage developers and propeliy owners to connect their propeliies to fi'onting collector and arterial roads. except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (4ccess to the pr(};ect has been provided I'ia Vanderbill Beach Road.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Internal access has been prOl'ided to neighboring commercial to help reduce vehicle congestion on nearby col/ector and arterial roads.) EAC Meeting 3/07/07 - Wolf Creek PUD Agenda 11em No. 88 May 22, 2007 Page 27 of 142 Page 3 of7 Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The Master Plan provides interconnection between Wolf Creek PUD and Palermo Cove RPUD to the north by way of Wolfe Road, and is further depicted on the Master Plan that the developer of Palermo Cove PUD will extend Pristine Drive nO/th of Wo(fe Road. To the south, between the entrance of Wo(f Creek PUD and Buckstone Drive, is an interconnection with the proposed roadway, Carolina Way. To the east, provides connection between Buckstone Drive and Mission Hills Drive which connects to Collier Boulevard (CR 951). To the west is the developed gated community of Island Walk PUD, where interconnection is not possible.) Policy 7.4 The County shall encourage new developments to provide walkable conununities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (This has been depicted 0/1 the PUD Master Plan Exhibit A, and is also depicted in Section lI1 Residential Areas Plan, 3.3 through 3.4.A-H.) Based upon the above analysis, Comprehensive Planning staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. Conservation & Coastal Mana!!ement Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of storm water runoff, storm water systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality offresh water (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of runoff leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during and aftcr storm events. The project as proposed is consistent with the Policies in Objective 6.1 of the Conservation & Coastal Management Element, for the following reasons; Twenty Five percent (25%) of the existing native vegetation is required to be retained. A minimum of 32.32 acres has been identified for retained native vegetation preservation within the PUD boundaries. Selection of preservation areas, are consistent with the criteria listed in Policy 6.1.1. Wolf Creek PUD has provided a preserve to the north part EAC Meeting 3/07107 - Wolf Creek PUD ~I\genda ltem No~ 88 May 22~ 2007 Page 28 of "142 Page 4 of7 of parcel 2 in order to tie into a major wetland flow-way that is being preserved by the Palermo Cove PUD and Summit Place PUD to the north. Preserve management plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). VI. MAJOR ISSUES: Storm water Mana2ement: The addition of these contiguous tracts to the existing Wolf Creek PUD allows for a more efficient storm water collection, treatment and discharge system. The expanded stom1 water management system must be reviewed, approved, and pennitted by the South Florida Water Management District prior to the issuance of any approvals for Site Development Plans or Plats / Plans. Environmental: Site Description: The property contains about 129.29 acres of native vegetation. This includes Palmetto Prairie (1.42 ac), Pine Flatwoods (46.44 ac), Cypress (9.83 ac), Drained Cypress (6.61 ac), Cypress with Melaleuca (1.66 ac), and Pine/Cypress/Cabbage Palm (63.33 ac). Wetlands: Wetland jurisdictional lines have been provided for all parcels in the PUD. There are approximately 15.67 acres of Collier County & SFWMD jurisdictional wetlands on the property. Within the Wolf Creek PUD, 148 acres is covered by a number of different separate SFWMD wetland jurisdiction and site visits done at different times. A wetland jurisdictional was conducted on parcels I, 2, and 3 on May 3,2006 by Krista Gentile. For parcel 9 a wetland jurisdictional was conducted on April 2006 by Marie Dessources. SFWMD pem1it number I I-02332-P covers the remaining parcels within the Wolf Creek EAC Meeting 3/07107 ~ Wolf Creek PUD Agenda Item No. 86 May 22. 2007 Page 29 of 142 Page5of7 PUD. The project proposes approximately 0.67 acres of impact to wetlands on the property which equates to 4.4% of onsite wetlands. Preservation Reouirements: The PUD requires preservation of 25% (32.32 acres) of the existing naturally functioning native vegetation all of which is being provided. Approximately 95% (30.8 acres) is currently shown on the Wolf Creek PUD Master Plan. The proposed site plan will impact 1.42 acres (100%) of the Palmetto Prairie, 42.07 acres (90.6%) of the Pine Flatwoods, .67 acres (6.8%) of Cypress, 6.07 acres (91.8%) of the Drained Cypress, and 46.74 acres (79.0%) of the Pine/Cypress/Cabbage Palm. Listed Species: The EIS states, "Squirrels such as gray or Big Cypress fox squirrels may use the property." No other listed species were observed on site. A management plan is provided as part of the EIS (exhibit 14) and will be updated as needed and be included as part of the Site Development! Construction Plans approval process. Wild pine plants are present in trees scattered throughout the property. VII. RECOMMENDA nONS: Staff recommends approval of Planned Unit Development No. PUDZ-2005-AR 7422, Wolf Creek RPUD with the following conditions; Storm water Management: I. A modification of the existing SFWMD Environmental Resource Permit must be obtained prior to final County Development Order approval. Environmental: I. None PREPARED BY: EAC Meeting 3/07/07 - Wolf Creek PUD Page 6 of? KIRSTEN WILKIE ENVIRONMENTAL SPECIALIST STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER KA Y DESELEM PRINCIPAL PLANNER l\genda item No. 33 May 22, 2007 Page 30 of 1 L2 DATE DATE DATE EAC Meeting 3107/07 - Waif Creek PUD Agenda Item No. 8B May 22. 2007 Page 31 of 142 Page 7 of? REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, Jr., P.E., DIRECTOR ENVIRONMENTAL SERVICES DEPARTMENT DATE MARJORIE STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR COlllER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGJ>Y,NEJ: (i) ,c...g~;nda item [\jo. [:8 rf,2)V 'J2 )007 2800 NORTH HORSESHOE ~~tJ'h-2 of 142 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARINqFOR:\ll.., ,',' 0' PUDREZONE (fUDZ), " []pUPTOPUDRE~6~~i~u'l)i'A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER , PUDZ-A-2005-AR-7422 PROJECT #2005040002 DATE: 1/25/07 KAY OESELEM - -.'c." '.", " -l , '.APPLICANfINFORMATWN NAME OF APPLICANT(S) LARRY ABBO - VlCf PRESIDENT - PRIME HOMES AT PORTOFINO FALLS, LTD, ADDRESS 5555 ANGLERS AVE. CITY FT. LAUDERDALE STATE FL ZIP 33312 TELEPHONE # 954-932-8788 CELL # 954-914.2212 FAX # 954.392-8748 E-MAIL ADDRESSLARRY(11)ABBO.NET NAME OF APPLICANT(S) WILLIAM L HOOVER, PRESIDENT OF CATALINA LAND GROUP, INc.. THE MANAGER OF BUCKSTONE ESTATES, LLC & WOLF CREEK ESTA TES, LtC. ADDRESS 3785 AIRPORT RD. N. # S-1 CITY NAPLES STATE FL ZIP 34105 TELEPHONE # E-MAIL ADDRESS 239-403-8899 CELL # 239-272-7574 BILlH@HOOVERPLANNING.COM FAX # 239-392-8748 NAME OF AGENT DA VID R. UNDERHILL. JR. - BANKS ENGINEERING ADDRESS 2515 NORTH~ROOKE PLAZA DR.. SUITE 200 CITY TELEPHONE # 239.597-2061 CELl # 239-940-8687 E-MAIL ADDRESSDUNDERHILL@SANKSENG.COM NAPLES STATE-ELZIP 34119 FAX # 239-597-3082 NAME OF AGENT ROBERT PRITT - ROETZEl & ANDRESS, LP.A. ADDRESS 850 PARK SHORE BOULEVARD, 3'0 FLOOR CITY TELEPHONE # 239-649-2714 CELL # 239-292-2147 NAPLES STATE Fl ZIP FAX # 239-261-3659 34/03 E-MAIL ADDRESS RPRITT@RALAW.COM NAME OF AGENT RICHARD D. YOV ANOVICH. GOODLETTE, COLEMAN & JOHNSON, P.A. ADDRESS 4001 TAMIAMITRAILN.SUlTE#300 CITY NAPLES STATE Fl ZIP 34103 TELEPHONE # 239-435-3535 CELL # 239-860-3533 FAX # 239-435-1218 E-MAIL ADDRESS RYOVANOVlCH(11)GCJlAW.COM , - BE AWARE THAT COLLIER COUNTY HAS LOB8YIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. S:\Jobs\t 9xx\I971 \DocuIllCIl1s\Zolling\l'tJI)AmendmclIl\J 971 ]UDRczollcPctitiollt/2.doc Aprlicutiun Fur Public Hearillc, For PUD Rcmne 6JJ 4/04 Page 101'21 , I ASSOCIATIONS ;. _.~J~ Agenda Item No. 88 , _:, t~l?> ~~" 2~07 ., Page 3.3 of 42 Complete the following for all Association(s) affiliated with this petition, Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION, ISLAND WALK. HOA. C/O JOE MUELLER MAILING ADDRESS 4021 TRINIDAD WAY CITY NAPLES ST A TE FL ZIP 34119 NAME OF HOMEOWNER ASSOCIATION: VANDERBILT COUNTRY CLUB, HOA C/O GLEN CRIBETT MAILING ADDRESS 8250 DANBURY BLVD. CITY NAPLES STATE FL ZIP 34120 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP I '".,' DiscIosureof Interest Information.. ..~ 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 Pertenloge of Ownership NIA S:\Jobs\19xx\1971\Documents\Zolling\PUDAmendment\1971_PUDRczoIlcPetitionll2.doc Application For Public Heuring f(}f PUD Rezone 6/]4/04 Page 2 of21 Agenda item !-Jo. 8B b. If the property is owned by a CORPORATION, lisl the officers and Slockhd~~j,~~~i the percentage of stock owned by each. Name and Address Percentage of Ownership SEE ATTACHED BREAKDOWN c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Addres. Percentage of Ownership SEE ATTACHED BREAKDOWN d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership NIA S:\Jobs\19xx\1971\Doclltllel'lts\Zonillg\PUDAmclldmelll\1971]UDRc7.0T1cl'diliullfl2.u()c Application For Public Hearing For PUD Remne fi/14104 Page 3 of21 Agenda Item No. 88 e. If there is a CONTRACT FOR PURCHASE, with an individual or indh\'-ir1;'~!~lJ~~; Corporation, Trustee, or 0 Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership SEE ATTACHED BREAKDOWN Date of Contract: f, If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address NIA g. Date subject property acquired ~ leased D Term of lease yrs./mos. (SEE ATTACHED BREAKDOWN) If, Petitioner has option to buy, indicate the following: N/A Date of option: Date option terminates: Anticipated closing date , or h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the dale of application, but prior to the date of the final public hearing, it is the responsibility of the applicanl, or agent on his behalf, to submit a supplemental disclosure of interest form, S:\Jobs\19xx\1971\Documents\Zoning\1'UDAmcndmellt\1971_P(JDRezunePetition#2.doCi Application For Public Hearing Pm PUD Rezone 6/14/04 PlII;e4 uf21 PROPERTY LOCATION .A,genda Hem No. 88 :"6l ==, =~7 Paoe 36 of 1 2 Detailed le2u] description of the properlv covered bv the armlication: (If space is inadequate, '''tach on separate page.) If request involves change ta more than one zoning district, include separate legal description for properly involved in each district. Applicant shall submit four (4) copies af a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting, NOTE: The applicant is responsible far supplying the correct legal description. If questions arise concerning the legal description, an engineer'; certification or &ealed survey may be required. Section/Township/Range 34 / 48 / 26 Block: Page # Subdivision: lot: Plat Book Properly I,D.# SEE ATTACHED BREAKDOWN Metes & Bounds Description: SEE ATTACHED BREAKDOWN Size of Dropertv: 3165 fj,X 2640 ft. = Total Sq. Ft. IIrreaularJ Acres 167.96 Address/aenerallocation of subiect properlv: The Norlh side of Vanaerbilt Beoch Ra" aDDrox;male!v one-half mile west of Collier Blvd. PUO District (lOC 2.03,06): CSJ Residential 0 Community Facilities D Commercial D Industrial ADJACENT ZONING AND LAND USE, Zoning N RPUD S MPUD E MPUOIPUD W PUD land use Palermo Cove PUD CaroHna Villaae PUD Sonoma OaksIM;,,;on Hills Islana Walk PUO Does the owner of the subject properly own properly contiguous to the subject properly? If sa, give complete legal description of entire contiguous properly. (If space is inadequote, a!lach on separate page). NO Section/Township/Ran ge / / lot: Plat Book Block: Subdivision: Page # _ Properly I.D.# Metes & Bounds Description: S:\lobs\19xx\1971\Doc.umcllts\Z.tming\PUDAmelldmenL\1971_PUDRezollePetition#2.doc Applicatioll Por Pllblic Hearing FOT PUD RC7..onc 6/14/04 Page 5 of21 L REZONE ~QUEST . Agenda Item No. 8B , 1 co 0107 IV o.y ...<-, "- Paoe 37 of 42 This application is requesting a rezone from the zoning dlstrict(s), A aric !PUD zoning district{s) to the RPUD Present Use of the Property: Vacant, Sino/e-Family Home, & Comcasl Cable Fiber Oetics BuildinCl Proposed Use (Dr range of uses) of the property: Sinale-Family & Multi-Family Residential uses Original PUD Name: Wolf Creek PUD Ordinance No.: 30-45 l_ EV ALUA nON CRITERIA ~ Pursuant to Section 10.02.13 of the Collier County Land Development Code, slaff's analysis and recommendation to the Planning Commission, ond the Pianning Commission's recommendation to the Boord of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative stotement describing the rezone request with specific reference to the criteria noted below, Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.B) 1. The suitabiJity of the area for the type and pattern of development proposed in relation to physical characteristics of the Jand, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Development condjfjons contained within the PUD document provide assurcnce that all infrastructure wifJ be developed consistenf with Covnfy regulations. Required mitigation meaSlJres wU/ assure compliance with adopted LOS standards of fhe Growth Managemenf Pion. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, Dr other instruments, Dr for omendments in those proposed, particulorly as they may relate to arrangements Dr provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided Dr maintained at public expense, Findings and recommendations of this type shall be made only after consultation with Ihe county attorney. Documenfs submit/ed with the application provide evidence of unified control. The PUD document make, appropriote provisions for the continuing operaf,'on & maintenance of common areas. 3. Conformily of Ihe proposed PUD with the goals, objectives gnd policies of the growth management plan. The Wolf Creek RPUD's proposed residential uses & requested density ore con,isfenl with the goof" objectives, & policies of fhe Collier County Growth Management Plan. 4. The internol gnd externgl compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Moster Plan has been coordinated with neighboring projects & de,igned 10 optimize external lond use refationships. Access has been Umiled to 2 loop roodway systems that wHl serve the subject projecl & neighboring proiects, ,ite planning on Woff Creek, and neighboring proiects. Site pIannrng on Wolf Creek & neighboring PUD's have typically incorporated native vegetation areas to separate different types of land uses. 5, The adequacy of usable open spgce areas in existence gnd as proposed 10 serve the development. The amount of open space set aside by fhis project, a minimum of 60%, is consistent wifh the provisions of Ihe Land Development Code. S:\Jobs\19xx\1971\DocumentS\ZOlling\PUDAmendmcnt\197l_PUDRczum.:Petition#2.doc Application For Public Ifearing For PUD Rezone 6/14/04 rilgc 6 of21 6. .4.genda Item No. 38 , , . lv1ay 22. 2007 The limIng or sequence of development For the purpose of assuring the adequacy Op!!~g~bl~142 improvements and facilities, both public and private, There are adequate & avo;!ab/e facifities for this project. Furthermore, the fiming or sequence of development In lighf of concurrency requirements is nof an issue. 7. The ability of the subject property and of surraunding areas ta accommodate expansion. The project is in the Urban Area and the surrounding area has the availability to accommodate expansion. The sife can connect wifh supporting infrastructure including the county's water & wasfe water systems. /n addifion, the ability of the area to accommodate expansion due to this project is subiecf to mifigafl'on as confained in the PUD document. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations, The developmen~ standards proposed for the Wolf Creek RPUD do not depad from develapmen~ standards that would be required for the mosf similar conventional zoning distrid except for one deviationl thai is subsfantiated within the PUD document. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners associatIon in the area for which this use Is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use Detitions on the subiect orODertv: To your knowledge, has a public hearing been held on this property within the last year? 0 Yes [8J No If so, what was the nature of that hearing? NOTICE: This application will be considered "open" when the determination of "sufficiency" hos been made and the application is assigned a petition processing number, The application will be considered "closed" when the petitioner withdraws the opplication through written notice or ceases to supply necessary inform ation to continue orocessina or otherwise actively our-sue the rezonina for a oeriod 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 01 a determination of "sufficiency". Further review of the proiect will be subiect to the then current code, (LDC Section 1 O,03,05.Q.) S:\Jobs\19xx\1911iDocumenls\Zunillg\PUDAlllenJmt:Il!\1971_PlJDRezollePetillon/12.uoc ^ppljc~tion For Public Hearing For PUD Rezone 6/l4/{14 Pagt:: 7 of21 PUD AMENDMENT (PUDA) PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ.A) APPLICATION SUBMITTAL CHECKLIST Agenda Item No. 88 . .~ ::.:::.:, ,">, 07 Page 39 of ~2 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED 8ELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED - :'SrANDA'RD,'REQUIR'EMENTSI~~~f?n~i~~)}1~~t~~tl;;!;~:~\~~~;Y:f{4~J:~!~*~4\I~~~'B"l: I Additional .et if located In the Bay,hore/Gateway Triangle Redevelopment Area) Cople, of deta iled description of why amendment Is necessa ry 24 PreV'o Submitted Completed Application 24 24 Pre-application meeting notes 24 Prevo Submitted Current Conceptuol Site Plan 24" x 36" ond One 8 V2" x 1 1 Of copy 24 Prevo Submlttrd RevIsed Conceptual Site Plan 2411 x 3611and One 8 Vl" x 1 1" copy 24 24 Orlginol PUD document ond Master Plan plus one 24" x 36" copy of the 24 Prevo Submilted Master Plan - ONLY IF AMENDING THE PUD Revjsed PUD document with chances crossed thru & underlined 24 24 RevJsecl PUD document w / amended Title aaae wlord #'s LDC 1 0.02.1 3.A.2 24 24 :,,~~~~~~p-J~tI~,~;lji.:!!)!'~~'hQ1~~1~*~*};WMt~~1!.1tw~~{.f~iM~,il;i}~1~~lHi~~~~~;0 Deeds/Legal', & Survey (if boundary of original PUD Is amended) 2 2 List identifying Owner & all parties of corporation 2 2 Owner/Affidavit signed & notorized 2 2 Covenant of Unified Control 2 2 Completed Addressing checklist 2 Prevo Submitted ;;'~;::~o:e,i!~r#fj~:t"~~oJJ~'fjt~tri&~~::Y1{ZRJi~l~~i~'~ii;:1;f~~r~.:~j;m~\~,~:~1~~ii~~sN4)t\'!(f~:ilil~i;~M~~\rij;;;: Environmentol Impoct Stotement lEIS) or waiver and digitol/electronic copy Prevo Submitted of EIS 4 Historical Surve y or waiver request 4 N/A Utility ProvIsions Statement w / sketd1e, 4 4 Architecturol rendering of proposed structures 4 Prevo Submitted Survey, signed & sealed 4 Prevo Submitted Traffic Impact Statement (TIS) or wolver 7 Prevo Submitted Recent Aerial Photograph (with habitot areas defined) min scaled 1"_4001 Prevo Submitted 5 Electronic copy of all documents inWard format and plans [CD Rom or Prevo Submitted Diskette) 1 . One additional COP)! required Jjfor Affordable Housillg As the authorized agent/applicant for this petilion, I attest that all of the information indicated on this checklist is inclndcd in this snhmittal pacl<age, I nnderstand that failure to include all necessary submittal infurmation may result ill the delay of processing this petition. Agent/Applicant Signatnre Date S:Vohs\19xx\197l \DocUm~1lIs\Zolling\PUDAmendmetlt\1971_r'lJDllczonePclition#2,d(}{; Application For Public Hearing For PUD RCZQlle 6/14/04 Page 21 of21 ST A TEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST I'\genda Item l'Jo. 88 May 22.2007 Page 40 of 142 APPLICANT INFORMATION -. I NAME OF APPLlCANT(S) PRIME HOMES AT PORTOFINO FALLS, LTD, ADDRESS 5555 ANGLERS AVE CITY FT. LAUDERDALE STATE~ZIP 33312 TELEPHONE # _~54-392-8788 CELL # 954-914-2212 FAX # 954-392-8748 E-MAIL ADDRESSLAlllly(ci)ABBO.NET ADDRESS OF SUBJECT PROPERTY (IF A V AILABLE): No Site Address LEGAL DESCRIPTION Seclion/T ownship/Range 34 / 48 / 26 Plat Book 8lotk: Page # Subdivision: Lot: Properly I.D.# SEE ATTACHED BREAKDOWN Metes & Bounds Destription: SEE ATTACHED BREAKDOWN I- TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b, FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM ~ o o o o TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM [ZJ b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WEll) 0 ST A TEMENT OF UTILITY PROVISIONS - poge 2 S:\Jobs\19xx\J971\I)m:urneuls\Zoning\PUDAmCllcllllcnt\1971_PlJDRezOllcPctition#2.doc Applicnlioll For Public Heating For PUD Rezone 6/14/04 Pllge8of21 Agenda Item No. 88 May 22. 2007 Page 41 of 142 TOTAL POPULATION TO aESERVED: 671 N' . .. , ... .~, . ". J . ""... , ", ,. '" ,. ,n, .., " ." ..' 'l ..', , P~AK AIIID A'vjERAG~ PAILy"DEfI,\AIIID~; A, WATER-PEAK 235.502 GPD B. SEWER-PEAK 202,170 GPD A VERAGE DAILY AVERAGE DAILY 158.001 GPO 135.780 GPO IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED Phased connection Startin~ 10/2006 - 10/2010. N~RR.AtIVE ST-4T~~EN.t: Provide a brief and condse narrative statement and schematic drawing of sewage treatment process to be used as well as a spedfic statement regarding the method of effluent and sludge disposal, If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professionai engineer. Wastewater From the Wolf Creek PUD will be collected and pumped into CI Farcemain along Pristine Drive thaI connects to the Collier County Wastewater system via a Forcemain on Vanderbilt Beach Road Extension. q*I~~ COUNTY ytiiin pEPic,MiqN ST~T~MENt, If the project is located within the services boundaries of Collier County's utility service system, written notarized statement sholl be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time, This statement shall also include an agreement that the applicable system development chorges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County, If applicable, the statement shall contain sholl contain on agreement to dedicate the appropriate utility easements for serving the water and sewer systems. stAtEMENT oj: AVAILA8ilitt CAPAciTY FROM ottiER PiiOV.\PERS:Unless waived or , " '::. "', -Cd. ,_' , <., ,',-. "0 -'. ,''> ,-" ,. ..., . '" ,,,. _, "" .'", "^," .....,.,." ,." c ',' . ._, , , .~'..,.. ._. otherwise provided for at the pre-application meeting, if the proiect is to receive sewer or potable woter services from any provider other than the County, a statement from that provider Indicating that there is adequate capacity to serve the project sholl be provided. S:\Jobs\19-xx\1971\Doc\lmcnls\Zoning\PUDAuu:ndrnenl\1971 ]UDRezonePetilionfl'2.doc Application Por Pllbl1c IIcaring For pUD Rezone 6/14/04 l~ligc 90f21 I AFFIDAVIT' ,l>.genda item ~,Jo, E:B May 22. 2007 0," "0' r We/I, Prime Homes at Portofino Falls, Ltd. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subiect matter of the proposed hearing; that all the answers to the que,tions in this application, including the disclo$ure of intere't information, ail sketches, dOlO, and other supplementary matter attoched to and made 0 part of thi, application, are honest and true to the best of our knowledge and belief. We/I understand that the information reque'ted on this application must be complete and accurate and that the content of this form, whether computer generated or County printed $holl not be altered. Public hearings will not be advertised until this application is deemed complete, and 011 required information has been submitted. As property owner We/I further authorize Bank. Enaineerino & Robert Pritt to act as our/my representative in any matters regarding this Petition. f f..//11 E: it iJ mE 5 _11 Po ttr i) rlll/() r ~(...LS (I iJ / ///J /5,/ /'I)UDFltVO F1'-L!. f}UIL/Jas, /IVC-. 6Pjlf3A-/?C ,~ ctJ!; Ii /. f/l (. r ,VB ^- Signature of Property Owner Signoture of Property Owner Larry Abbo - Vice President Typed or Printed Name of Owner Typed or Printed Nome of Owner The foregoing instrument was acknowledged before me this ).. L. day of J A 1-1-_______.. . 2007, by LIl"~ 'I I1$B [) who ('PersonOTIY knowoAo me or has produced as identification. --- State of Florida County of Collier ~ck cf7[H1XJ (Signature of Notary Public - State of Florida) ,,~~~l!~((, Linda So co low ;<oP.,~.':\~~:" Commission #DD201844 ~~" \fJ.::i Expires: May] 7,2007 --;;/'t Of f.~cl.}~ Bonded Thru ""11'\\' Atlantic Bonding Co., lllC LJ'VIM .'\D(..{JLtJl,J__ (Print, Type, or Stomp Commissioned Nome of Notary Public) S:\Jnos\ 1I)xx\] 971\Dncumcnts\7.oning\PUDAmclldmenl\ 1971_PUDRezoncPctition#2.doc Application por Public Hearing Fur PUD Re7.{)ne 6/14.104 Page ]Oof21 ,l'lgenda item No. 88 May 22, 2007 Page 43 of 142 COVENANT OF UNIFIED CONTROL The undersigned do hereh)' swear or affinn that we are the fee simple titleholders and owners of record ofpropel'ty commonly known as Wolf Creek pun -Parcels 4 & 9 (Street address and City, State and Zip Code) and legally described in Exhibit ^ attached hereto. The property described herein is the subject of an application for PUD Rez/me Amendment planned unit development (RPUD) zoning. We hereby designate R(mk\' EmdneerillJ! & Robert Pritt, legal representative thereof, as the legal n::pn:scntativcs of the property and as such, these individuals are authorized to legally hind all owners of the property in the course of seeking the necessary approvals to develop. Thill authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, aud studies necessary to obtain zoning approval on the site. Tnt::se representatives will remain the only entity to authorize development activit)' on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project; 1. The propetty will be developed and used in conformity with lhe approved master plan including all conditions placed on the development and all commitments agreed to by the appliclomt in connection with the planned unit development rezoning. 2. The legaL representative identified herein is responsible for compliance with all tenlls, eondftions, safeguards, and stipulations made at the time of approval afthe master plan, even if the property is subs.equently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unir development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of tbe planned unit development, seek equitable relief as lleCeSSal)' to compel compliance. The County will not issue permits, certificates, or Ih;cn~efi to occupy or use any part of the planned unit developmenl an Ithe County may stop ongoing constructlun activlty until the project is brought into complhmce ~;Il tc' I' tlons and "afeguard, of Ihe planned unit development. _ _ OwnCI Owner Larrv Abbo - Vice Presidellt Printed Name Printed Numc STATE OF FLOIUDA) COUNTY OF COLLIER) Sworn to (at affirmed) and subscribed before me this 2. 2 day of .J Ht\.."''' A~8.D. VJU::' PLeSllJlZNT whoi:pcrsonallyknownt aSident~n. VY1 rl(l Notary Public __, 2007, by me or has produced AJ '"'''''' Linda So co low /~~f.~~~~~"':. Com,mission #DD20 1844 ,~;. '0.:;~ Explfes: May 17, 20Q7 ~~<;~ Of f~~~'';- ~onded .Thru "ll1l'\\ AtlaotlC Oondmg Co" inc. Lliv l? ,1 ~"':{)L ,)tj) lJ (Name typed, printed or stamped) (Serial Number, if any) S:\.Iobs\19xxI1971\Documents\Zoning\PlJDAmcndlTIent\197U)UDRezoncPctition#2.doc Application Fol' Public Hearing Fm PUD Rezone 6114lO4 Page If or21 I AFFIDAVIT A.genda It~;m ~~O. 8B o:poii,; I We/I, Catalina Land Grout>, Inc. being 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 application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Banks Enlllneerinl? & Richard Yovanovich to act as ourlmy representative in any matters regarding this Petition. :l4/~/-e- Signature of Property Owner '- Signature of Property Owner William L. Hoover - . Pres. Typed or Printed Name of Owner Typed or Printed Name of Owner of Catalina Land Group, Inc., the Manager of Buckstone Estates, LLC & Wolf Creek Estates, LLC The foregoing instrument was acknowledged before me this ~ day of ..:]tJ.L '-t' , 2006, by LJ, LLI A-<-<--'\ I~\"o 1!e;>'L.. who is personally known to me or has produced as identification. "'------- State of Florida County of Colli:e:PI"'~I".....'n.......n"'''H_''''!' ; JEREMY BTERK t : """"''''~ ---t.. I : ~\"'U~f.I.i.' ......."'I""...~ '''' : '''~.v. __m_ '1" ~m~ E \;1 ,:;r1\~ 80ndfld ttw (!00)C32..t254 t....::'~I~~~~u..nr.I~.~~~~,~!~.: 'TE~vt{Y :; /H.2.lC (Print, Type, or Stamp Commissioned Name of Notary Public) C:\Docllm~nts and SCltings\O\vnerlLocal Settings\T cmponu)' Inl~rncl FileslOLK 7C\] 971 ]UDRc7.om::PetilionMSignatllre--Hoover,doc Application For Public Hearing For PUD Rezone 6/14/Q4 Agenda Item No. 8B May 22, 2007 Page 45 of 142 COVENANT OF UNIFIED CONTROL The undersigned do hereby ,wear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Wolfereek PUD - Parcels ]. 2, 3, 6,.1 & 8 (Street address and City, Stale and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for PUD Rezone Amendmenr planned unit development (RPUD) zoning. We hereby designate Banks EIl~ineerinQ & Richard rOyan"V;"" . legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications} plans, surveys I and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property untll such time as a new or amended covenant of unified contrails delivered to Collier County. The undersigned reeo6'11ize the following and will be guided accordingly in the pursuit of development of the project: 1. The property wnl be developed and used in conformity with the approved master plan including all conditions placed on the development and all conunitments agreed to by the applicant in connection with the planned unit development rezoning. 2. 11le legal representative idcntified herein is responsible for compliance wilh all terms, conditions, safeguards, and stipulations made at the lime of approval oflhe master plan, cven if lhe property is subsequently sold in whole or in part, unless and until a ncw or amended covenant of unified control is delivered to and recorded by Collier County. 3. A dcparturc from the provisions of the approved plans 01' a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of tile Land Development Code. 4. All tenns and conditions of the pla!med unit development approval will be incorporated into covenants and restlictioos which run with the land so as to provide notice to subsequent owners that all developmcnt activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon tile discovery of noncompliance with the terms, safcguards, and conditions of the planned unit development, seek equitable rclicf as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned tmit development and the Count)' may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safe uar S of the planned unit development. " Owner Owner William L. Hoover - . Pres. Printed Name afCatalina Land Group, Inc" the Manager of Buckstone Estates, LLC & Wolf Creek Estates, LLe. STATE OFFLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this I B"TH day of :JUt.. Y , 2006, by (,)1 LLI -4"'-1 )JOOI1E'-1 who is personally knowlllo me or has produced as identificatiO(J' ___ ~~c:f ..'......._....11\. ~ ;r..............We.My..STEFU<. NotaI)l ublic . / : JE --IT. :,..1"1111/1, comfntl;~ : l;~~\ ~:wnooa "\CA.z='A~~ ~~ 1.,.- ~ (.tY3t~1 -""" tllllOl'3Z",2B4\ (Name l~~ ';r~n~c~ ~r stamped) "--- : '~,~,,~~\~:-}f ~1~~.~7.~;..~..1 :....................... Printed Name (Serial Number, if any) C:\Documcnts and Scttings\Owner\Local Scttings\Temporary Internet Files\OLK 7C\l97l_PUDRc2oncPetition-Sigl)ature-Hoover.doc Application POI' Public Hearing For PUD Rezone 6/14104 Agenda Item No. 88 May 22, 2007 Page 46 of 142 AFFIDA vir We/I, Catalina Lane! Graul>, lne. being first duly sworn, depose and soy that we/10m/are the owners of the property described herein and which Is the subiect matter of the proposed hearing! that all the answers to the questions In this application, including the disclosure of interest information, 011 sketches, data, and other supplementary matter attached to and mode a part of this application, ore 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 occurote and that the content of this form, whether computer generoted or County printed shall not be altered. Public heorings will not be advertised until this appllcotlon Is deemed complete, ond 011 required i~formation hos been submitted. As property owner We/I further authorize Richard Yovanovich to act as our/my representative in ony motters regording this Petition, ~:lthq~ Signature of Property Owner Signature of Property Owner William L. Hoover - _ Pres, Typed or Printed Nome of Owner Typed or Printed Name of Owner 01 Calalina Lana Group, Inc., the Manager of Bucks/one Es/o/es, LLC & Woll Creek Estates, LLC The foregoing instrument was ackno~ledged before me this 81'-1 day of FE"M<JI'11.-j . 2007, by WII.L-/ A-tA-1 1../ 0 0 ~ who Is personally kno n to me or hos produced as identification. ,-- __u___ --.. State of Florido County of Collier '1.........'.'jE.REMY..si-5RK"'....'..'i ~~~~~ ~DD02981".: i' ~3IIJI2OOe: I ~~ _"""(800)432"'''1 l....~~'~I.......~.~2'~'i~~.i (Signo re of Notory Public - Stote of Florida) Jt='&.E 0-t- Y '5 '"TE"f2..tc (Print, Type, or Stamp Commissioned Name of Notary Public) S:lJohs\1 9xx\ 1971 \Documenls\Zoning\PUDAmelldmeul\1971 ]UDRczonePelltion-Signature-HooYl:r.doc Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item ND. 8B May 22, 2007 Page 47 Df 142 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affiml that we are the fee simple titleholders and owners of record of property commonly known as WoifCreek l'Uj)~'.grr;el~~J. & 8 (Street address and City, State and Zip Code) and I~ga.lly described in Exhibit A attached hereto. The property described herein is the suhject of an application for PUD Rezone Amendment planned unit development (RPUD) zoning. We hereby designate _Richar(LYovanovich . legal representative thereof, as the legal n:presentntives of the propelty and as such, these individuals are authorized to legally bind all owners of the properly in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to! the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site, These representatIves will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recDgnize the following and will be guided accDrdingly in the pursuit Df development Df the project: 1. The property will be developed and used in confonnity with the approved master plan including all conditions placed on the development and all commitments agrced to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations rnade at the time of approval of the master plan, even if the property is subsequently s.old in whole or in part, unless and until a new or amended covemmt ofunifrcd control is delivered to and recorded by Collier County. 3-. A departure from the provisions of the approved plans or a failure to comply with any requirements. conditions, or safeguards provided for in the planned unit development proce:i:i will constitute n violation of the Land Development Code. 4, All terms and con~itions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all developmcnt activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force. Collier County canl upon the discovery of noncompliance with the terms, safeguards, and conditions of' the pJalU1cd unit development, seek equitable relief as necessary to compel compliance, The County will not issue pennits, cel1ificatcs, or licenses to occupy or use any pnrt of the planned uni1 development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, comlitiulls' Id .suft:jguanls urihe planned unit development. ~. OWller Owner William L. HOOl'er - Pres. Prinl~d Name a/Catalina Land Group, Inc., the Manager of BueRslone EslOles. LLC & Wolf Creek Estales, LLC STATE OF FLORIDA) COUNTY OF COLLIER) Printed Name ed before me this 9'fZ{ day of teMuA , 2007, by who is person~ kno:W:_..!Q)l1e or has produced -~. ".":~,~;o -/~- JFtt'B-'1'f .5TEIZIc (Name typed, printed or stamped) (Serial Number, ifany) S :\Jobs\i 9xx\1 971 \Docunx:nts\Zontng\P1JDAmcndment\197 I ]UDRewllePetition~Signlll\lTe-H(loVeT.doe Applicnlinn For Public Hearing For PUD Rezone 6114/04 , Aoenda !tem No. 8B PU DZ-A-2OD 5-A:R)' 7'422',107 Wolf Creek Pt1~e 48 of 142 WOLF CREEK PUD OWNERSHIP January 18,2007 Parcell - #00204360009 Ownership: William L. Hoover, President of Catalina Land Group, Estates, LLC, 3785 Airport Road North, Suite B-1, Napies, Florida 34105. Inc., the manager of Wolf Creek PaI'eel 2 - #00203800007 Ownership: \Villiam L. Hoover, President of Catalina Land Group, Estates, LLC, 3785 Airport Road North, Suite B.I, Naples, Florida 34105. Inc., the manager of Wolf Creek Parcel 3A - #00203600003 Ownership: William L. Hoovcr, President of Catalina Land Group, Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. Inc., the manager of Wolf Creek Pareel3B - #00204761103 Ownership: Larry Abbo, Vice President of Portofino Falls Builders, Inc., 5555 Anglers Avenue #16B, Fort l.auderdaie, Florida 33312. Parcel 4 - #00203840009 Ownership: Larry Abbo, Vice President of Prime Homes at Porlofino Fails Limited, 5555 Anglers Avenue #16B, Fort Lauderdale, Florida 33312. ParcelS - #00204040002 Ownership: Larry Abbo, Vice President o[Prime Homes at Pnrtofino Falls Limited, 5555 Anglers Avenue #16B, Fort Lauderdaie, Florida 33312. Parcel 9 - #00204400008 Ownership: L1rry Abbo, Vice President of Portoiino Falls Builders, Inc., 5555 Angiers Avenue #16B, Fort Laoderdale, Florida 33312. Parcels 6, 7 & 8 (which have been plotted) are as follows; Ownership: William L. Hoover, President of Catalina Land Group, Inc., the manl:!gcr of Buckstone Estates) LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 341 05(owners oftbe foHowing lots): 2~200401689 24200402002 24200402028 24200402060 24200401663 24200402086 24200402125 24200402141 24200401621 24200402167 24200402248 24200402222 24200401605 24200402183 24200402264 24200402280 24200401582 24200402303 24200402329 24200402727 24200401566 24200402701 24200402662 24200402620 24200401540 24200402565 24200402549 24200402484 24200401508 24200402468 24200402442 24200402426 24200401485 24200402361 24200402345 24200401087 24200401469 24200401702 24200401744 24200401786 24200401427 24200401809 24200403166 24200403182 24200402963 24200403205 24200403221 24200403247 24200403027 24200403263 24200403289 24200403302 24200403043 24200403328 24200403344 24200403360 24200403124 24200403386 24200403409 24200401948 24200403140 24200401906 24200401362 24200400088 24200403548 24200400062 24200400046 24200401249 24200403522 24200403001 24200402947 24200402989 24200403506 24200400020 24200402921 24200401207 242004034R3 24200401304 24200401346 24200401320 24200403467 24200402646 24200401265 24200401841 24200403441 24200401281 24200401184 24200403425 S :\Iobs\i9xx\l97 l\Documellll\Zoning\PUDAmcndmen!\ 1971_ Ownership,doc Agenda Item No. 86 May 22, 2007 Page 49 of 142 O,,",ership: Michael J. Peel, President of Gu]fstream Florida 34109 (owners of the following lots): 24200401647 24200402206 24200402400 24200401980 24200401401 24200401964 Homes, Inc., 6646 Willow Park Drive, Naples, 24200402688 24200401883 Ownership: David L. Diamond, President of DeAngelis Diamond Construction, Inc., 6635 Willow Park Drive, Naples, Florida 34109 (owners ofthc following lots): 24200401922 24200401524 24200403085 24200403108 24200402109 24200401728 24200401867 24200403069 24200402044 24200401760 Individual Ownership: 24200401443 - Scan S. & Tara Lee Williams, 3815 Groton Ct., Naples, FL 34112 24200402604 - Craig J & Jeneane P. Bennett, 14949 Indigo Lakes Drive, Naples, FL 34119 24200402584 - Francis J, & Virginia E. Madden, 3670 2nd Avenue SE, Naples, FL 34117 24200402523. Carrie H. Walters & Scott E. Homer, 480 Robin Hood Cir Apt. 201, Naples, PI. 34104 24200402507 - Dale & Kimberiy Hogue, 4581 26ili Avenue SE, Naples, FL 34116 24200402387 - David G. & Bridget M, Fairbrother, 1392 Areca CV, Naples, FL 34119 24200401825 - Adam W. & Christina M. Johnson, 15834 De]aplata Lane, Naples, PI. 34110 Breakdown of tile Wolf Creek Estates, LLC (Owner afPareels I. 2 & 3\ % of Share 25% 17.5% 27.5% 7.5% ]5% 5% 2.5% _ 100% Owners Name & Address Thomas A. & Julie 1.. Hoover, 4025 Hillman Road, Morral, OH 43337 Q. Grady & Naney P. Minor, 5172 Seahorse Avenue, Naples, FL 34103 Morning Glorys, Inc.', 9225 Gulf Shore Drive North, Nap]es, FL 341 08 Robert & Kay A. Hartman, 211 09 Pargillis Road, Bowling Green, OH 43402 William L. & Charlene S. Hoover, 3785 Airport Road North, Suitc B-1, Naples, FL 34105 Thomas Beaver, 345 Esther Slreet, Naples, PI. 34104 Jeffrey L. & Leaetta Q_avjd~on. 2154 Trade Center Wav #3. Nap!!>s. FL 34109 Totals 'Peter Tierney, President and Michael Moore, Vice-President and each own 50% of Morning GlOl)'S, Inc. Catalina Land Group, Inc.) owned 100% by William L. Hoover and Charlene S. Hoover) is the Managcr ofWo]f Creek Estates,LLC. Q. Grady Minor and Jeremy Sterk are its V.P., Charlene S. 1I00ver is Sec.lTreasurer, and William L. Hoover is President of Catalina Land Group, Inc. Breakdown of Prime Homes at Porto fino Falls. Ltd. (Owner of Parcels 4 & 5) Owned by Portofino Falls Builders, Inc., 5555 Anglers Avenue #16B, Fort Lauderda]e, 1'1. 33312. Preddy Abbo is President, Larry Abbo is Vice-President, Edward Abbo is Secretary, and Eva Ahbo is Treasurer of Porto fino Falls Builders, Inc. and combined they own 100% of Porto fino Falls Builders, Inc. Breakdown of Porto fino Falls Builders, Inc. (Owner of Parcel 9) Freddy Abbo is President, Larry Abbo is Vice-President, Edward Abbo is Secretary, and Eva Abbo is Treasurer of Porlofino Falls Builders,lnc. and comb in cd thcy own 100% of Porto fino Falis Builders. Inc., 5555 Anglers Avenue #16B, Fort Lauderdale, FL 33312. S:lJobs\19xx\1971 \DDCtml(lnls\7.ml~ng\PUDAmendmenl\1971_ OWl1o:ahip.dl)C ,,' .AgElnda Item No. 88 May 22, 2007 Page 50 of 142 Breakdowns of Owner"shin for Parcels 6. 7 & 8: Bllckstone Estates. LLC % of Share Q.ymcrs Name & Address 5% Thomas Beaver, 345 Esther Street, Naples, FL 34]04 10% Timothy & Susan Brick, 5095 Seahorse Avenue, Naples, PL 34103 5% William L. & Charlene S, Hoover, 3785 Airport Road North. Suite B-1. Naples, FL 34105 1% Richard D, & E, Michele Yovanovich, 400] N. Tamiami Trail #300. Nap]es, FL 34]03 26% Morning Glorys, Inc,', 9225 Gulf Shore Drive North, Naples, FL 34108 I % Brian A Hoover. 175 Running Deer Trai], Lake Helen, FL 32744 2% Jeremy & Rita-Bhaduri Sterk, 2875 Garland Road, Naples, FL 34] 17 6% Robert & Kay A. Hartman, 21109 Pargillis Road, Bowling Green, OH 43402 5% Jeffrey L. & Leactta Davidson, 2154 Trade Center Way #3, Naples, flL 34109 15% Thomas & Julie Hoover, 4025 Hillman Road, MorraJ, OH 43337 ?4'?'o 0, Gradv <!o N~pcv p, Minor. 5 I 72 Seahorse A venu~,NaDles, flL 34 I 03 100% Totals . *Peter Tierney, President and Michael Moore~ Vice-President and each own 50% of Morning Olo1'Ys, Inc. Catalina Land Group, lnc,) owned 100% by William L. Hoover and Charlene S, Hoover) is the Manager of Wolf Creek Estates, LLC. Q, Grady Minor and Jeremy Sterk are its V.P., Charlene S, Honver is Sec./Treasurer, and William L. Hoover is President ofCataJina Land Group, Inc. Gulfstl'cam Homes. Inc. Michael J. Pee] is President, Stephen L. Peel is Vice-President, and Renee T, Peter is Secretary of Gulfstream Homes, Inc. and combined tbey own 100% of Gulfstream Homes, Inc" 6646 Willow Park Drive, Naples, FL 34109. DcAm!clis Oiamond Construction. Inc. David 1.. Diamond is President and Trcasurerl and John M. DeAngelis is Vice~Presidellt and Secretary of DeAngelis Diamond Construction, Inc. and combined they own 100% of DeAngelis Diamond Construction, [nc., 6635 Willow Park Drive, Naples, FL 34]09. Individual Lot Owners Sean S. & Tara Lee Williams, 3815 Groton Ct., Naples, FL 34112 - 100% ownership Craig J & Jeneane P. Bennetl, 14949 Indigo Lakes Drive, Naples, PL 341 19 - 100% ownership Francis J. & Virginia E. Madden, 3670 2"" A vcnue SE, Naples, FL 34] 17 - 100% ownership Carrie H. Walters & Scott E, Horner, 480 Robin Hood Cir Apt. 20 I, Naples, FL 34104 - ] 00% ownership Dale & Kimberly Hogue, 4581 26,h Avenoe SE, Naples, FL 341 16 - ] 00% ownership David G, & Bridget M, Fairbrother, 1392 Areca CV, Naples, FL 34] 19 - 100% ownership Adam W, & Christina M, Johnson, 15834 Delaplata Lane, Naples, FL 341 10- ] 00% ownership S:\J[)h~\ 19xx\ 1971 \DoclUmnts\Zonill!l\PIJDAmendmcnt\1971_ Owner~hil'.d(Jc Agenda Item No. 8B REV.May 22, 2007 I'UDZ-A-2005-AR_7422 Page 51 of 142 PROJECT #2005040002 DATE: 9/28/06 KA Y DESELEM p PRIMEHO~~~~~~:p~: September 19,2006 Mrs. Kay Desclem, AIel' Collier County Developmcnt Services 2800 Horseshoe Drive North Naples, Florida 34104 Reference: WOLF CREEK PUD AMENDMENT PUDZ-A-2005-AR-7422 Dear Mrs. Deselem; Please accept this letter as verification that the water distribution and sewage collection facilities within the above project area will be dedicated to Collier County Utilities upon completion of construction in aecordance with all applicable County ordinances. We also agree that the applicahle system development charges and connection fees wlll be paid to Collier County Utilities prior to issuance of building penuits by the County. STA IE OF FLORlDA) COUNTY OF B!1.ow,l,1l,f}) . Sworn to (or affirmed) and stscribed before me this 2006, by r-A/tlti /tBJ.) to me or has produce '2-1 day of S e: P r iZ'fI1l> e:,A- who is personally known as identification, ~k~ Notary Public GVp,)p.A ,(OCf')LO(r (Name typed, printed or stamped) 'Il\~Vt', Linda Socolow l~";':';~" Com.mission #DD20 1844 ~.~\ 'll':;~ Expires: May 17,2007 \~ ~,~ Bonded Thm ~f ,U\~~ Atlantic Bonding Co" Ino. Df) 2.0 fa '-I C; (Serial Number, if any) 5S'S Anglors AVenuo /I 16 B Fort Lauderdu.le. FL 33312 Telephone {9l4)392-8788 . Fecslmlle (954) 392.8748 www.primehomebuildem.com A.CJenda item No. 8B o May 22. 2007 Page 52 of 142 p PRIMEHO~~b~~~"L~;"~;: September 19,2006 Mrs. Kay Deselem, AICP Collier County Development Services 2800 Horseshoe Drive North Naples, Florida 34104 Reference; WOLF CREEK PUD AMENDMENT PUDZ-A-2005-AR-7422 Dear Mrs. Deselem: Please accept this letter as verification that the water distribution and sewage collection facilities within the above project area will be dedicated to Collier County Utilities upon completion of construction in accordance with all applicable County ordinances, We also agree that the applicable system development charges and connection fees will be paid to Collier County Utilities prior to issuance of building permits by the County. ATE OF FLORIDA) COUNTYO~H)f^,hJ..~ . Sworn to (or affirmed) and subscribed before me this J I 2006, by . LIII!..!...,! 4 gAD to me or has produced day of Sf, 1'1 Un J e f.I.. who is personally known as identification. ,\;~v~4t" Linda Socolow I'I:::;;.,:.;,,~ Commission #0020 1844 ~;:" \fJ.::i Expires: May 17,2007 "';:'"1 OP j.(6~~'~ Booo<:d Thru '111111\\' Athmtf<:BondingCO.,lno. ~1.4_ ~ Notary Public U/Jj,1 SOC () uJ 0 (Name typed, printed or stamped) IJ I') LOLty <ILl (Serial Number, if any) 5555 Anglers Aver;uetl16 B Port Lauderdale, PL33312 Telephone (954) 392-8788 - Facsimile (954) 392.8748 www.primehomebullders.com 2006 LIMITED PARTNERSHIP ANNUAL REPORT DOCUMENT# A030000D1738 - Entity Name: PRIME HOMES AT PORTOFINO FALLS, LTD FIL OAgenda Item No. 88 E May 22, 2007 Apr 25, 2008''1ge 53 of 142 Secretary of state Current Principal Place of Business: New Principal Place of Business: 21218 SAINT ANDREWS BLVD. #510 BOCA RATON, FL 33433 5555 ANGLERS AVE. SUITE # 16B FT LAUDERDALE, FL 33312 Current Mailing Address: New Mailing Address: 21218SAINT ANDREWS BLVD. #510 BOCA RATON, FL 33433 5555 ANGLERS AVE. SUITE # 16B FT. LAUDERDALE, FL 33312 FEI Number; 30-0220291 FEl Number Applled For [ } FEI Number No! Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: STEVEN B. GREENFIELD, ESQ 7000 W. PALMETTO PARK RD BOCA RATON, FL 33433 US The above named entity submits this statement for the purpose of ohanglng Its registered office or registered agent, or both in the state of Florida. ' SIGNATURE; Electronic Signature of Registered Agent Dale GENERA/.. PARTNER. INFORMATION: ADDRESS CHANGES ONL. Y: Document #: ,\lame: Address: Clty~S1.Zip: p03oa0150142 PORTOFINO FALLS BUILDERS, INC. 2121B SAII-IT ANDREWS BLVD. #510 BOCA RATON. FL 33433 Address: CII~-St-Zip; S555 ANGLERS AVF.. SUITF. # 166 FT. LAUDF.RDALF.. FL 33312 I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated In Chapter 119, Florida Statutes. I further certify that Ihe information Indicated on this report Is true and accurate and that my electronic signature shall have the same legal effect as If made under oalh; that I am a General Partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620, Florida Statutes. SIGNATURE: PORTOFINO FALLS BUILDERS, INC. Electronic Signature of Signing General Partner 04/25/2006 Date Details ~ .. AgendGP~l,ofjB May 22 2007 Page 54 of 142 Scroll for Additional Information I ~ Folio No.11 00204040002 Current Ownership Property Addressll7373 VANDERBILT BEAC RD PRIME HOMES AT PORTOFINO FALLS 21218 SAINT ANDREWS BLVD # 510 BOCA RATON State FL ZIpl133433 - 2449 Legall134 45 25 S1/2 OF SE1/4 OF SW I 1/4 LESS RIW Section ~ Township II Rango Ii Acres 34 4B I 2e I 15.97 Sub No. I 100 I ACREAGE HEADER '1J JJ~e Co~e 99 NON-AGRICULTURAL ACREAGE ~ Map No. I Strap No. 3B34 482634019.0003B34 I "I'J MilIag~ "I'J Mil1BM I 36 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value I $ 3,194,000,00 I (+) Improved Value $ 0.00 (=) Market Value $ 3,194.000.00 H SOH ExemptValue $ 0.00 (=) Assessed Value $ 3,194,000.00 H Homestead and other Exempt Value I $ 0.00 I (-) Taxable Value I $ 3,194.000.00 I Date II Book ~ PagEl II Amount 10/2004 II n.a-1oA2 I $ 2,484,000.00 07/2002 I 3081 - 556 I, $ 1,104,700.00 05/1974 592.1450 $ 0,00 I SOH = "Save Our Homes" exempt value due to cap on assessment increasos. http;/IVf'Nw.collierappraiser.comlRccordDetail.asp?Fol io ID~OOOOOO 0 20404000 2 1/16/2007 Details ,A,genda Itella!ll(lI8Bf2 May 22, 2007 Page 55 of 142 Aerial Folio No.1I 00204761103 ~ Current Ownershi Property Addressl NO SITE ADDRESS Scroll for Additional Information II Owner Nom.1I PORTOFINO FALLS BUILDERS INC Addresseslz1218 SAINT ANDREWS BLVD# 610 Clty!1 BOCA RATON II Ststell FL zipl 33433 - 2449 L.gall 344826 COMM AT Sl/4 CNR OF I SEC 34, N020EG W 200S.53FT & POB, NB9DEG W 124SFT, N02DEG W 420.21FT, SB9DEG E 124SFT, S ~For more than four lines of Legal DescriptIon please cell the PropGrty Apprals{lf's Office. Section Ii Township Range II Acras 34 4B 26 12 Sub No. I 100 ACREAGE HEADER 1'1 U~~~._d.. I 99 NON.AGRICUL TURAL ACREAGE II Map N.. 3B34 Strap No. 482634047.0003834 1l MIUag.Area L 36 1'1 Millo9<l 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 2,100,000.00 (i') Improved Value $ 0.00 (=1 Markel Value S 2,100,000.00 H SOH Exempt Value $ 0.00 (=1 Assessed Value $ 2,100,000.00 H Homestead and otllor Exempt Value $ 0.00 Book - Pag9 3961,_2798 Amount I $ 2,610,000.00 I Date 08/2005 l (=) Taxable Value II $ 2,100,000.00 I SOH'" "Save OUf Homes" exempt value due to cap on assessment Increases. h ttp ;//www.collicrapprai~er.com/RecordDetai 1.asp?F 0 Jio TD=0000000204 7 611 03 1/16/2007 Details ~ AgendB'lgllnlr'llf 48 May 22, 2007 Page 56 of 142 Scroll for Additional Information I ,A,Q,rial Folio No,11 002031140009 Current Ownership Proporty Addressll NO SITE ADDRESS Owner Nam.1I PRIME HOMES AT PORTOFINO l TO Addresses: 21216 SAINT ANDREWS BLVD # 510 City, BOCA RATON Slate FL Zip 33433 - 2449 legal134 46 26 Nl12 OF SEl14 OF SWl14 20 AC PRO 1749 OR 982 I PG 392-393 Sactlon II Township Range Acres 34 46 26 25,66 Sub No. I 100 I ACREAGE HEADER '1J-),.t!!~~ 99 NON-AGRICULTURAL ACREAGE Map No. 3B34 Strap No. 462634 015,0003834 -1'J~IlAr1>a ! "/l'J MJJlllgo, 11,9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 3,500,264.00 (+) Improved Value $ 0.00 (-) Market Value $ 3,500,284,00 (-) SOH Exempt Valu. $ 0.00 (=) Assessed Value $ 3,500,284.00 (-) Homestead and other Exempt Value $ 0,00 (;;\-Taxable Value $ 3,500,284.00 I Date II Book R Page I Amount I 1012004 I 3659 -_lJl3~ $4,416,000.00 04 1 2004 :lli42 - ,1654 $ 1,900,000.00 01/ 2003 nO,3,li!Sl' $ 450,000,00 011 2003 3203 - 195~ $ 450,000.00 06/1998 2431 -~3 $ 0.00 I 05/1998 II illi: 752 II $ 0.00 I SOH" "Save Our Homes" exempl value due to cap on assessment increases. http://www.colliel.appraiser.comlRecol.dDetail.asp?FolioID=0000000203840009 111612007 Details ~ Agend,pagr:hl-,of~ May 22, 2007 Page 57 of 142 Scroll for Additional Information I AerJ!!I Falla No.11 00204400008 Current Ownership Property Addressll NO SITE ADDRESS Owner Namel PORTO FINO FALLS BUILDERS INC Addre..e.121218 SAINT ANDREWS BLVD City BOCA RATON II Slatell FL II ZlolI 33433. 2449 I I I Legal134 4828 S112 OF NE114 OF SW114 20 AC DR 772 PG 1524 Section 34 Township 48 Range 26 II Acres 20 Map No. 3B34 II Strap No. I 11482634027,0003834 I Sub No. JG Use Code 100 99 I ACREAGE HEADER NON-AGRICULTURAL ACREAGE ~ ~:Ur~' II ~ Millage 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History land Value $ 3,500,000.00 (+) Improved ValuB $ 0,00 {=) Market Value $ 3,500,000.00 (-) SOH Exempl Value $ 0.00 (=) Assessed Value $ 3,600,000.00 H Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 3,500,000.00 Date Book M Page 04/2006 1 40:26 ~ 4081 1 10 I 2000 I 2730 - 22l! I Amount [ $ 3,300,000.00 1 $ 0.00 I SOH = "Save Our Homes" e:<empt value due to cap on assessment increases. http://wv-..w.collierappraiser.com/RecordDetail.asp./FolioID=OOOOOO0204400008 1/16/2007 Dctails A.genda 11J'ri\g~11'5i2 May 22. 2007 Page 58 of 142 fuWaI Folio No.11 00284360809 EIIBI Current Ownershi Property Addressl NO SITE AODRESS Scroll for Additional Information II Owner Namell WOLF CREEK ESTATES LLC Addre..esI3775 AIRPORT PULLING RD N # B City NAPLES State I FL Zip 34105. 2530 Legall134 4B 26 S112 OF SW114 OF I NW114 20 AC OR 8B1 PG 342 Section II Township ~ Range 34 48 26 Sub No. II 108 Ii ACREAGE HEADER 11 V..e-.C_Ooe 2 I MOBILE HOMES Acres 20 I Map No. Strap No. 3834 462634 026.8883834 Ii 11 Mill.go.Are.a ~ 11 Millage 36 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History I Land Value $ 3,500,080.88 I (+) Improved Value $ 17,574.00 I (=) Market Value I $ 3,517,574.08 (-) SOH Exempt Value $ 8.00 (=) Assessed Value $ 3,517,574.00 (-) Homestead and othEl'r Exempt Value $ 0.08 (-) Taxable Value $ 3,617,574.00 Date I Book ~ Page :1 Amount I 04/ 2004 3.M/.,..1tlI I $ 2,534,900.08 I 01 12002 n ~, 2603 n $ 600,000.00 I 08/1980 -n 881 .342 II $ 0.00 I SOH,:: "Save Our Homes" exempt value due to cap Oft assessment increases. http://www.collierappraiser.com/RecordDetail. asp?F 0 lioID~O()00000204 3 60 009 1/1612007 Details MIla! Folio No,11 00203800007 Current Ownership Property Addressll4526 WOLFE RD Agencl;-llMrrt ~;43B May 22, 2007 Page 59 of 142 Scroll for Additional Information I ~ Owner Namet WOLF CREEK ESTATES LLC Addre....1 3776 AIRPORT PULLING RD N # B Cltyl NAPLES II Statell FL Legal II 34 48 26 51/2 OF SE114 OF " NW1/4 II ZIpl134105 .2530 "1 Section II Township Range 34 48 26 Sub No. il 100 ~ ACREAGE HEADER 1'JUftQ<W~ 2 MOBILE HOMES Acres 20 Map No. 3B34 Stra No. 482634014.0003834 1'J M!JlajJoArD 36 4'i Ml!la~. 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 3,500,000.00 (+) Improved Value $ 69,570.00 (=) Markot Value $ 3,568,670.00 (-) SOH Exempt Yalue $ 0.00 (~) Assessed Valuo $ 3,569,570.00 (-) Homestead and other Exempt Value $ 0.00 (.=) Taxable Value $ 3,569,570.00 Date I Book - Page II Amount I 04 / 2004 3~- 1Ql1 $ 2,534,900.00 10/2001 ~J)7---ill.1 $ 970,000.00 07/1999 ZMl., 687 $194,700,00 11/1997 2365 , tO~ll $190,000.00 SOH;; "Save Our Homes" exempt value due to cap on assessment increases. http;/ /www.collierappraiser.com/RecordDetail.asp?FolioID=0000000203800007 1/16/2007 Details mIEDI . .. Agend~~!i;,II',R{BB May 22, 2007 Page 60 of 142 Scroll for Additional Information I -~ P.~ri<!.1 Folio No.11 00203600003 Current Ownership Property Addressll NO SITE ADDRESS Owner Nam.1I WOLF CREEK ESTATES LLC Addre..e.: 3775 AIRPORT PULLING RD N # 8 City. NAPLES Slate FL Zip 34105 - 2530 legal 3448 26 N1/2 OF NE1/4 OF SW114 LESS A PORTION OF THE SW 1/4 OF SEC 34 AS DESC IN OR 3881 PG 2798 "For more thlm four lines of Legal Dcscrtpt10n plea so call th~ Property Appraiser's Office. Section If Township II Range II Acres 34 48 26 [ 8 Sub No. I 100 I ACREAGE HEADER '1J Us. Code 99 NON-AGRICUL TURAL ACREAGE Map No, 3834 I Strap No. 462634009.0003834 v('J Millage Area 36 .r~ Millllge 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 1,400,000.00 (+) Improved Value $ 0.00 {=) Market Value $ 1,400,000.00 (-I SOH Exempt Value' $ 0.00 (=) Assessecf Value $1,400,000.00 - (-) Homestead and other Exempt Value $ 0.00 (=) Taxablo Value $ 1,400,000.00 Date I Book - Page II Amount I 04/2004 II m7-101fi I $1,332,900.00 I 02 / 2004 3501~ $ 0.00 12/2001 2,943 . 2.671 $ 792,000.00 03/1995 2040 ~ 2373 $180,000.00 02/1993 1799.-1538 $ 0.00 SOH = "Save Our Homes" exempt value due 10 cap on assessment increases. h1tp:/ /www.coIlierappraiser.com/RecOTdDetail. asp 'IF 0 I iol D=O 00000020 3 600003 1/1 6/2007 (i) Agenda Item No, 8B May 22, 2007 Page 61 of 142 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 " COlliER COUNTY GOVERNMENT - "EPT. OF ZONING & lAND DEVELOPMENT REVIEW VWW.COlLIERGOV.NET [ PRE-APPLICATION MEETING NOTES [1&ug~~:i~ih.~E]pQQfQP09 Ite~pn~' ....' i Dote: /;;/.- 9 roLf Time: Project Name: __LO~ Applicant Name, B (:0 Owner Name: 1>r0-/"lA.L Owner Address, /, 1:5 ~L ?Ul> t(onvif \-{ ~ B vvt (dftvo Firm: Phone: City State ZIP Assigned Planner M~,fi;.:i ^'i'~"de(i~, ""'i;U,,., <l""".n"".,,,,'! ke,~ 1;)(l1(~ (ci"!i:'~il' :it J~ ~if!';,~'\ ,J!!'I",v )5lJL,Q ".",""",, PUDZ-A-2005-AR-7422 PROJECT # 2005040002 DATE: 4/6/2005 HEIDI WILLIAMS Submittal Requirements (refer to application for additional r9quirem~nts) 24 Copies of the following: (0 1 additional set if located in the 8ayshore/Gateway Triangle Redevelopment Area) Ef" Completed Application ~ Pre-application Meeting Notes c;:;r Conceptual Site Plan 24X 36" and One 8 V2 X 11" copy [5/ PUD document and Moster Plan plus one 24" x 36" copy of the Ma,ter Pion 2 Copies of the following. ' E( Deed,/Legals & Survey (If boundary of originol PUD is amended) W List Identifying Owner & all porties of corporation [!j OwnerjAgentAffidavit signed & notarized GY Completed Addressing Checklist ~C;wies of the Following, ~ Environmental Impact Statement (EiS) or waiver l.:J ~ Historlcal Surveyor waiver request IT Utility Provisions Statement w/sketches o Architectural rendering of proposed structures ~ Architectural Reviow required L2'::J SurveYI signed & sealed d Seven (7) Trofflc Impact Statement (TIS) or woiver ~ Five (5) copies of Recent Aerial Photograph [with habitat areas defined) min 'co led 1" = 400' 8/ ~ One (1) Electronic copy of 011 documents in Word format ond pions (CDRom or Diskette) One (1) Letter of no obiection from the United States Postal Service. Contact Robert M. Skebe at (239) 435-2 \ 22. I l I I )f1 HOOVER PLANNING & DEVELOPMENT, INC. Land, Environmental & Traffic Planning Consultants 3785 AirpOli Road NOlth, Suite B-1, Naples, Florida 34105 Phone 239-403-88991 fax 239-403-9009 E-Mail billhlalhooverplanning.com .li,qenda item r\jo~ 88 ~ May 22, 2007 Page 62 of 142 March 21, 2005 PU DZ-A-2005-AR-7 422 PROJECT # 2005040002 DATE: 4/6/2005 HEIDI WILLIAMS RE: Tramc Impact Study for Proposed Wolf Creek PUD Amendment, Located NW orthe Intersection Between Collier Blvd. and Vanderbilt Beach Road EXECUTIVE SUMMARY The Wolf Creek PUD Amendment increases the PUD size to 178,10 acres, is proposed for a maximum of708 homes, and is located on the north side of Vanderbilt Beach Road, about Y2 mile west of Collier Boulevard. Currently the Wolf Creek PUD comprises 147.69 acres and is approved for 591 units. The PUD is proposed to be increased by 30.41 acres and 117 units. The Wolf Creek PUD is expected to be comprised of 2 subdivisions and I condominium project. To assist County staff in their evaluation of this traffic impact study the project's traffic has bccn split into 3 phases. Phase I represents projected occupancies of245 condos and 67 single-ffilllily homes in late 2006, Phase 2 estimated occupancies totaling 490 condos and 131 single-family homes in late 2007, and Phase 3 projected total occupancies of 490 condos and 218 single-family homes in late 2008. The proposed Wolf Creek PUD Amendment at build-out would generate 342 AM Peak Hour tlips, 446 PM Peak Hour trips, and 4638 Weekday Daily trips. However based on the previously approved Wolf Creek PUD and its approved traffic impact study dated August 4, 2003, this would be an increase of only 34 AM Peak Hour trips, 46 PM Peak Hour trips, and 508 Weekday Daily trips. Collier Boulevard, between Immokalee Road and Golden Gate Boulevard, and Vanderbilt Beach Road, between Ai1'p01t Road and Logan Boulevard, are both cun'ently at LOS F. However, all of these roadway segments that are at LOS F are scheduling for widening commencing in FY :W05 or FY 2006 (see Exhibit 10). Significant occupancies for Phase I traffie within the Wolf Creek pun are anticipated to start in early 2006. The proposed Wolf Creek pUD Amendment meets the Traffic Circulation Element of the County's Growth Management Plan due to these scheduled roadway projects and with thc widening of Vanderbilt Beach Road, between Logan Boulevard and Collier Boulevard, in FY 2007, This roadway link is currently at LOS B. INTRODUCTION The Wolf Creek PUD is located 1/2 mile west of Collier Boulevard on the north side of Vanderbilt Beach Road. A vicinity map is attached as Exhibit 1. The applicants are proposing to add approximately 30.41 acres to the existing 147,69 acres in the Wolf Creek PUD to make the total site area 178.10 acres. The Wolf Creek PUD is cun-ently approved for a residential community of up to 59 I homes and is proposed to add another ] 17 units to have a community comprising a maximum of 708 homes. The project will gain access to the County arterial roadway network via a new nO!th-south roadway along the half-section line (Pristine Drive) running from Vanderbilt Beach Road to Wolf Road and a loop roadway recently built around the Mission Hills Shopping Center. The developers of the Black Bear Ridge Subdivision within the W oif Creek PUD have already " Agenda Item No. 88 May 22, 2007 'd "". h " f th f I I d . Pwe 63 of 142 pal a laJr-s are 0 e costs 0 t le oop roa way constructIOn expenses. me developers of the Wolf Creek PUD, at tJleir sole cost, will construct Pristine Drive from Vanderbilt Beach Road to Wolf Road. Wolf Road has been previously agreed to be constructed and paid for by developers of adjoining lands to the north and east. To cooperate in the construction of Wolf Road, the developers of Wolf Creek PUD will grant casements, at no cost to the neighboring developers, along the notihedy 30 feet of parcels located east of Pristine Drive and fronting on Wolf Road, Upon completion of both Pristine Drive and Wolf Road, this will act as an outer loop roadway. The 2 loop roadways will provide direct access for residences within the Wolf Creek PUD and within several proposed neighboring projects onto both Collier Bouleval'd and VaJlderbilt Beach Road. It will provide these same residents direct access to the proposed Mission Hills Shopping Center and the proposed Carolina Village Mixed Use Center (located on the west side of Mission Hills) without the residents getting onto the County's alierial roadway network. Additionally, both loop roadways call handle some "cut-through" traffic to alleviate the stress on the Collier Boulevard and Vanderbilt Beach Road intersection. At this time, the Wolf Creek PUD is projected to be comprised of approximately 490 condominiums and approximately 218 single-faJnily homes. The 490 condominiums are expected to be built within the southwest pOliion of the site in 2 phases (called "The Falls of Portofino"). The first phase is expected to commence construction in mid-2005 for approximately 245 units. The second phase is aJlticipated to be for another 245 condominiums. The land located east of proposed Pristine Drive is intended for a 3. phased, single-family project (Black Bear Ridge Subdivision) and Phase I construction of 67 homes is anticipated to commence in April 2005, The later phases for Black Bear Ridge are expected to comprise an additional 64 homes. As tile Black Bear Ridge Subdivision nears sell-out, the planned Wolf Creek Subdivision, located in the northwest portion of Wolf Creek PUD, is intended to be constructed. It is expected to start construction in late 2006 or early 2007. It is expected to have about 87 single-family homes with the homes occupied by the end of2008, To assist in the evaluation of this traffic impact study (TIS), the project's estimated traffic has been preliminarily split into 3 phases. For purposes of this TIS, Phase 1 represents projected' residential occupancies in late 2006, which is estimated to be 245 condominiums and 67 single-fanlily detached homes in Black Bear Ridge Subdivision. Phase 2 represents anticipated residential occupancies in late 2007, which is projected to include all of the remaining condominium units (estimated at another 245 W1itS) and the remaining homes in Black Bear Ridge Subdivision (estimated at another 64 homes). Phase 3 represents projected residential occupancies in late 2008, which includes all 87 of the estimated single-family homes in the Wolf Creek Subdivision. TRIP GENERATJ ON The ITE's 6th Edition of Trip Generation was utilized to estimate the number of trips. Category "Single-Family Detached Homes (210)" was used to represent the single-family homes and Category "Residential Condomilliumffownhouse (230)" was used to represent the condominiums. The computations were based on the number of proposed dwelling . Agenda Item NO..8B fv'1ay 22, 2007 SINGLE-FAMILY DETACHED HOUSING (210) (Based on #Units = 218) Page 64 of 142 formula = Number ofTIiJ1s per Time Period Enter(%)/Exi1(%) Ln(T)=.920 Ln(x) + 2.707 = 2124 Weekday Daily Trips 1062(50%)/1026(50%) T=0.700(x) + 9.477 = 162 Wkdy. AM PK HR of Adj. St. 41(25%)/121(75%) Ln(T)=O.901 Ln(x) + 0.527 = 217 Wkdy. PM PK HR of Adj. St. 139(64%)178(36%) RESIDENTIAhCONDOMINIUMffOWNH0l.:JSE(-230) (Basedon#Units = 490) Formula = Number of Trips per Time Period Enter(%)/Exit(%) Ln(T)=.850 Ln(x) + 2.564 = 2514 Weekday Daily Trips 1257(50%)/1257(50%) Ln(T)=O.790 Ln(x) + 0.298 = 180 \Vkdy. AM PK HR of Adj. St, 31(17%)/149(83%) Ln(T)=0.827 Ln(x) + 0.309 = 229 Vlkdy. PM PK HR of Adj. St. 153(67%)176(33%) PROJECT'S TOTAL TRIPS FOR ALL 708 UNITS Formula = Number of Trips Del' Time Period 2124 + 2514 = 4638 Weekday Daily Trips 162 + 180 = 342 Wkdy. AM PK HR of Adj, St. 217 + 229= 446 \Vkdy. PM PK I-IR of Adj. St. Enter(% )!Exit(%) 2319/2319 72/270 292/154 PHASE 1 TRAFFIC SINGLE-FAMILY TRIPS FOR PHASE 1 (30.7% of SIF Total Trips) En1er(%)!Exit(%) 326/326 13/37 43/24 Formula = Number of Trips per Til1;le Period 2124 x .307 = 652 Weekday Daily Trips 162 x .307 = 50 Wkdy. AM PK HR of Adj, St. 217 x .307 = 67 Wkdy. PM PK HR of Adj. St. CONDOMINIUM TRIPS FOR PHASE 1 (50% of Condos Total Trios) Fonnula = Number of Trips oer Time Period Entel'(%)/Exit(%) 2514 x .50 = 1258 Weekday Daily Trips 629/629 180 x .50 = 90 Wkdy, AM PK HR of Adj. S1. 16174 229 x .50 = 114 Wkdy. PM PK HR of Adj. St. 76/38 PROJECT'S TOTAL TRIPS FOR PHASE I Fonnula = Ntmlber of Trips per Time Period 652 + 1258 = J91 0 Weekday Daily Trips 50 + 90 = 140 Wkdy. AM PK HR of Adj. S1. 67 + 114 = 181 Vi'kdy. PM PK HR of Adj. St. Entcr(% )!Exit(%) 955/955 29/111 119/62 PHASE 2 TRAFFIC SINGLE-FAMILY TRIPS FOR PHASE 2 (60% ofSIF Total Trills) Formula = Number of Trios per Time Period Enter(%)lExit(%) 2124)( .60 = 1274 Weekday Daily Trips 637/637 162 x .60 = 97 Wkdy. AM PK HR of Adj. St. 24/73 217 x .60 = 130 Vi'kdy. PM PK HR of Adj. St. 83/47 3 ..' Agenda Item No. 8B May 22. 2007 Airport Road, between Vanderbilt Beach Road and Pine Ridge Road, is shown to bt'!t't 65 of 142 LOS D during AADT and at LOS E during PSDT. Collier Boulevard, between Immokalee Road and Golden Gate Boulevard, is shown to be at LOS F during both AADT and PSDT. The project's Phase I traffic does not lower the LOS on any roadway link in 2006 for the AADT but does lower the LOS on Vanderbilt Beach Road, between Collier Boulevard and Logan BoulevaJ'd, from LOS B to LOS F for PSDT. FUTURE TRAFFIC AT BUILD-OUT OF PHASE 2 (2007) Exhibit J7 shows the traffic conditions for Annual Average Daily Traffic and Exhibit 18 shows the traffic conditions for Peak Season Daily Traffic in late 2007, both with aJld without the project's Phase 2 traffic. During AADT in 2007, all roadway segments within the project's Phase 2 RDI are projected to be at LOS B, both with and without the project's traffic except for Airport Road, between Vanderbilt Beach Road and Pine Ridge Road, that is projected to be LOS E. During PSDT in 2007, Vanderbilt Beach Road, between AirpOJ1 Road and Livingston Road, falls to LOS C and Collier Boulevard, between Green Boulevard and Golden Gate paJ'kway, falls to LOS F. This segment of Collier Boulevard is scheduled for widening in FY 2009 and the project's traffic only impacts it at 1.2%. TIle project's Phase 2 traffic does not lower the LOS in 2007 for either the AADT or PSDT. )<'UTURE TRAFFIC AT BUILD-OuT OF PHASE 3 (2008) Exhibit 19 shows the traffic conditions for AADT in late 2008, both with and wi1hout the project's Phase 3 traffic. Exhibit 20 shows the traffic conditions for PSDT in late 2008, both with and without 1he project's Phase 3 traffic. All roadway segments are at an acceptable LOS during both AADT and PSDT in 2008, with 1he exception of Collier Boulevard, between Green Boulevard and Golden Gate Parkway, that is at LOS F and Airport Road, between Vanderbilt Beach Road and Pine Ridge Road, that is at LOS F during PSDT only. The project's Phase 3 traffic does not impact lhis se!,'ment of Collier Boulevard significantly as it only impacts it ].5% and this segment of AirpOJ1 Road significaJltly as it only impacts it 2.6%. INTERSECTION ANALYSES The project is proposed to have 1 major access point and 3 minor access points onto the County's arterial roadway system. The main access point is located where the proposed north-south road (Pristine Drive) intersects with Vanderbilt Beach Road and 2f3 of the project's traffic would gain access to the County's arterial roadway system via this intersection. This is located Y:. mile west of the Collier BoulevardN anderbill Beach Road intersection and this new intersection is proposed to have full turning movements. Methodology for Intersection Analyses Between Vanderbilt Beach RdfPristine Drive Since the subject project's was not expected to reach full capacity untillale 2008, the inlersection was analyzed for 2008. To project existing traffic at the subject intersection in late 2008, intersection counts that were previously taken during the AM and PM Peak Hours at 1he intersection between Vanderbilt Beach Road and Collier Boulevard in March 2002 (see Appendix), were utilized to determine what percentage of the traffic on Vanderbilt Beach Road was eastbound and westbound during both the AM and PM Peak Hours and the ratio of traffic the AM and PM Peak Hour traffic on Vanderbilt Beach Road comprised of its Peak Season Daily Traffic by comparing it to the County's 2002 Peak Season Daily Traffic 6 L\genda Item No-58 May 22, 2007 figures for Vanderbilt Beach Road. Since a seasonal traffic factor was not available witfi'age G6 of 142 the County's 2002 traffic counts, the 2003 seasonal factor was utilized. These percentages and ratios were preswned to remain the same from 2002/2003 to 2008. These results indicated that in the AM Peak Hour 26.5% of Vanderbilt Beach Road's traffic would be eastbound and 73.5% westbound and the AM Peak Hour's traffic would comprise 7% of the PSDT on Vanderbilt Beach Road. The results also indicated that in the PM Peak Hour 65% of Vanderbilt Beach Road's traffic would be eastbound and :l5% westbound and the PM Peak Hour's traffic would comprise 8% of the PSDT on Vanderbilt Beach Road, Data and Results ofInterseetion Analyses Exllibits 21 and 22 show the AM Peale Hour traffic movements for the Wolf Creek PUD's total traffle. Exhibits 23 and 24 show the PM Peak Hom traffic movcments for the Wolf Creek PUD's total traffic. The AM and PM Peak Hour traffic for 2008 were then analyzed using HCS software. (Note; the HCS software wil1 not analyze a stopped condition on a 6-lane roadway so the analyses were done as signalized intersections even though a traffic signal may not be in place in 2008.) Exhibit 25 displays the Vanderbilt Beach Road/Pristine Drive intersection analysis as a signalized intersection in the AM Peak Hour. It shows the intersection at LOS B with an , averagc intersection delay per vehicle of 13.7 seconds. Exhibit 26 shows the Vanderbilt Beach Road/Pristine Drive intersection analysis for the PM Peak Hour. It shows the intersection at LOS B with an averagc intersection delay per vehicle of ] 3.8 seconds. COMPREHENSIVE PLAN COMMENTS 1.3/1.4 Exhibit 14 shows the existing LOS in 2005 on all roadways within the project's study area. Several segments of both Collier Boulevard and Vanderbilt Beach Road are currently at LOS F. However, these roadway segments are scheduling for widening commencing in FY 2005 and/or FY 2006. Exhibits 15, 16, and 17 shows the LOS of all arterial roadways within the project's Phase 1, Phase 2, and Phase 3, respectively. 4.4 Not applicable. 5.115.2 The project's traffic will "directly access" onto 2 arterial roadway segments; Vanderbilt Beach Road, between Collier Boulevard and Logan Boulevard, and Collier Boulevard, bctween Vanderbilt Beach Road and Immokalee Road, There are 4 "adjacent links" to those links dircctly accessed by the project within the project's RD!, that include: Vanderbilt Bcach Road, betwecn Logan Boulevard and Livingston Road; and Collicr Boulevard, between Vanderbilt Beach Road and Golden Gate Boulevard; Logan Boulevard, between Vanderbilt Beach Road and Pine Ridge Road; and Logan Boulevard, between Immolcalee Road and Vanderbilt Beach Road. Both of the Logan Boulevard links are shown to be at T ,os B throughout this TIS. There are no "other links" where the projcct's traffic meets the 5% significance lest. In Phase 1 both links that the project's traffic will "directly access" will be under construction for 6-1aning. Vanderbilt Beach Road, between Logan Boulevard and Collier 7 Aoenda Item No. 8B ~ May 22, 2007 . Paqe 67 of 142 Boulevard, will be at LOS 13 during AADT but the project's traffic will reduce the LOS from LOS 13 to LOS F between Pristine Drive and Logan Boulevard during PSDT, lUltil the 6-laning is completed. The project's Phase I traffic will "directly access" but not significantly impact (3% threshold) Collier Boulevard, between Immokalee Road and Vanderbilt Beach Road, and this linle will be at LOS F without the project's traffic during both AADT and PSDT, (The project's traffic will impact it at 2.5%.) An "adjacent link" Collier Boulevard, between Vanderbilt Beach Road and Golden Gate Boulevard; will be at LOS F during both AADT and PSDT in late 2006 but the projeet's Phase I traffic will not significantly impact (3% or more) it either as it will impact it only 1.7%. All links that the project's Phase 2 and 3 traffic will "directly aeeess" or are "adjaeent links" to the direet access links will be at LOS B during these time periods. 7.2 The PUD Master Plan shows cross-access points to all relevant abutting propeliies, via the already built inner loop road and tile proposed outer loop road. The Island Walk DRIIPUD is loeated west of the project but is a built-out gated eommunity and cross- accesses are no longer feasible between Island Walk and the subject project. 7.3. The project will meet the latest parking requirements within the LDC at the time of SDP review and approval. Prepared by; HOOVER PLANNING & DEV., INC. Prepared Undcr the Dircction of: Q, GRADY MINOR & ASSOCJA TES ~~~Ic~i~t O~ f"L- R.CG }-joA7ll b 5U~V%-z~ William L. Hoover, AICP File #317lis6.rep 8 N .*',7.... W E I''\. s 'b " <0 Q: ~ ~ .~ " 'b '" <0 Q: ,. 6 ~ V) '" <: ':s: '- .-J Q '" <0 Q: .~ '. o ~ " Golden Gate Parkwo EXHIBIT 1 VICINITY MAP immokalee Rood iQ <1J ~ " -e; ,~ -CO Q " CiS Subject Project \, Vanderbilt Beach Rood Pine F1id~e Rood Green Blvd. '\) ~ <'6 U) " " 0 <1J '2 " a ~ en i2 a <1J ~, ~ .s ~ is \f) \ Q ,. CiS 8 '" a -.J o I .5 Mile ci 0- CiS '- .!!' ~ Cl U '0 0) 0:: (j AGenda Item No", 88 " ~~8Y 22, 2007 Page 68 of 142 Golden Gate Blvd. White Blvd. Agenda Item No. 8B May 22. 2007 Page 69 of 142 EXHIBIT 2 KEY TRIP--END DES TINA nONS FOR SITE'S TRAFFIC ~ * W . E 1"""- s KEY o = Office Parks - H = Hospitols B = Business Parks S = Schools I. = Industriai Parks. C = Smalier Commercial Areas' P = County Parks M = Medium-Sized Commerciai Areas L = County Libraries X = Larger Commercial Areas 0 ~ .5 H o C M M M S 1.10 M 1.1 M C 0 immoka/ee Rood S S Mile 1.1 s t:: a .~ '< p ,.. " <;; ~ ..~ -" ~ ii5 '" '" -'< tJ C) Subject Project \ - '0 0-, ct: (j '" tJ a 'i:: Vanderbilt Beach Road M 1.1 X Orange L Blossom Dr. B '" tJ J & C Blvd. a 'i:: <: () ~ '" X 0 ", ,. 0 X :~ c C ~ X X S P ~ ii5 ~ tJ, a ...J Go/den Gate Blvd. pS H C 0 C X C C 0 Pine ,Ridge Rood C White Blvel, Green B/vd. o ~S 'r; ,. ii5 CJ ~ " e t:J [0 CJ ~ <: 3; C ~ ~ CJ ;;- -q: '0 r" " ,- " i': " ~ X C 'b t; " ll:: Go/den Gate Porkwo c C ., o o c c I 0 Agenda Item ~~o~ 88 May 22. 2007 Page 70 of 142 EXI-IIBIT 3 TRIP ASSIGNMENT FOR SITE'S 7RAFFlC N._ . . W*E 2% 0 .5 s I-- 7% 2% 2% Mile Immokolce Road 4% ~ 1% 3% 3% 4% 1% ,. '.. 'b -2 ~ ~. to '" Sub jec t Ie") ~ iYi ~)) to " Project 2% <r - ri. .s: '" \ C" " (j _;c 0 to .~ C) 'Z 3% 5% J &I C Blvd. 'b o D Cl: Vanderbilt Beach Road 3% 5% \:i > OS 3% Orange Blossom Dr. r 6 '" c. -..; Colden Gote Bivd. "-. 1% 10% to ~'? '" "" " ',> --J Q C '-:-- -' 2.% 3% 2% Pine Ridge Rood ~}.Ihite Blvd. 3% 5% 1% 1% 3% Green Blvd. ') <) Cl Il:: \r, "- '<;j > CU 2% r! ~ -s Q "- to -e to CJ:J to .~ " Cl V) 2% .~ .~, -q; Q) ~. C1 3% Colden Gole Porkwoy 3% J% 1%1 2fl N W*E S 3% 3% 16% Orange Biossorn Dr. J &: C 81vd. 3% 3% Agenda Item No. 88 May 22, 2007 Page 71 of 142 EXHIBIT 4 CUMULA TlVE TRIP DISTRIBUTION FOR SITE's TRAFFIC 0 .5 1 I I 9% 8% Mile Immoko/ee ROG.d ~ 6% 3% ...; 1% " 'lJ 10 ~ ~ '" .2 1i 1% - '" tJ ('; IE IE Subject C>, a 4% 3% Ct: .:>; Project -S '" 6% \ Q:' 13% "t: <lJ '" '-5 0 tJ ,~ Cl " 28% 59% 13% '" tJ C) Ct: <: .2 U) "" ,<: .~ '-J 20% -,; ,. 70% ii5 ~ () "" o _J 5% Q' :..5:: -"" 3% Pine Ridg& r?ood 14% 4% 6% Green Blvd, 6% '() tJ a Q: ~ -~ as tJ '- a '-'-'::I '- '0 Co ~ f) .~ '- Q ,g- " U) ,. ;~ .S 'J <: tJ V) Golden Cote Porkwo 3% 3% 1% Beoch Road 5% 1% 1% 9% Go/den Gate B/I'd. 7% 0% White B/vd 6% 6% 2% Agenda item I'-Jo."8B May 22 2007 Page 72 of 142 EXI-IIBI r 5 TRIP DISTRIBUTION FOR P/70clECT'S ENTERING TRAFFIC N *-c/ W E ?'\. s FAL ~5% J1 TK SUBD. ~ 6% Wolf F!ood 1 F!fTK 1 ) NAGE- 2% :1: 20% 'c:: C) CRAIG 'l:l BLACK BUd" S ~. LS OF - .~ LAND 4% Cl PIDCE SUBD. J r ~ _ 7% !.oop Rd. TOnNO 6% I 1 11 J 10% (WOLF CROcI{ PUD) /DOS '(:j 10% 7% 2% <l Ct: lvllSSION ~-- CI lei <.) CREEK 42% co f--I/LLS (.J') --J ~7% ua) 1'_ 5% OFFfCE/ (r: ~4% CEN TEft (.l 1~4% -- FiETAI!. PA..c..-'K 1:~~ ~I% ~-'A.NDf.~RB/L T ~4% BEAUI RD_ 6J%~ 7%~ ~ l 7% ---.:;. 14% 5% WOLF CRE (WOLF C PUD POP COf\ (WOLF P Agenda Item No, 88 May 22, 2007 Page 73 of 142 EXfflBI r 6 TRIP DISTRIBUTION FOR PRO,JECT'S EXITING TRAFnc N *r:I w ;? ~ E S WOLF CREEK SUBD. (WOLF CREEK PUD) 5% ~ (1 20%~ I Wolf Rood 10% NAGEL- 13%_~ 2%~ ~ '~ Q BLACI( BEAl? CRAIG 5% (WOLF CREEK I PUD) l;. 63% 4% J ",~ f-7% Q) .c:: FALLS OF ,:0 'IJ PORTOFJNO ';;:: 0_ CONDOS ~ 6% ~ 4% 3% ---7 42%~ ~IO% 70% (WOLF CFi!EEK PUD) 1% 1% j 8% , 1 LAND Loop Rd. 7%~ 2% 1 2%~ RiDGE SUi30. 'i"....,. MISSION l.lj 0) OF FICE/ (; Q: Q 4% ---7 g 4% 7%1% ...J I J VANDiiWIL T BFAClI eo. ~ l--fILLS' D- C) CCN TCF? PCTAIL F'Iif?I{ , 4% ---7 5%~ ~ wIT'" E Orange Blossom Dr. ,I &: C Blvd. Agenda Item j\jo. 88 May 22. 2007 Page 74 of 142 tX/-{IBI r 7 PROJtCr'S PflASt 1 !PIP ASSIGNMtNT WITf-i/N 5 IvfILES 6 ~g 7 & 76 ~/ ,~ ~ 39 50 535 22 29 306. -'" Q o Q: ~ '. () ~ "'1": Golden , KE:Y I) AM PE:AK HOUR (140) 2) PM PE:AK I-IOUR(781) 3) WE:EKDA Y DAILY (l970) <c' r~ ~ 5 '" ? 5 0, "- it, 57 ,":; ~ "!., 28 ;:;- '", Q '" Q: 36 382 " '" <:: " -<. '0 to, .c .~ ~ Green Blvd I.i', ,. '" Q V~ '- '), ~ -S Go 'Ol""O , 11 14 153 Immokalee 8 11 175 Rood I 8 11 115 Subject Pro jed \ 83 107 7127 Vanderbilt Beach Road '1:i 98 , it, 127 c: 1337 <) 7 t11 co 9 95 6 7 10 3 4 7---- 3 ,oine RicjQe Rood I 2 19 ." 1 2 19 oj \J G .(J ,- t) Co '.' C 'J Co 0 .5 I Mile 1 2 19 - If) 0) 18 c.:: '- 23 c.j 248 6 7 76 7 13 9 76 96 172 Golden Gate 71 Blvd. 14 1 753 2 79 White Blvd 8 11 115 8 71 775 4 38 N ~ W~f: S Orange Blossom Dr. ,; & C Blvd, Agenda Item No, 8B May 22, 2007 Page 75 of 142 EXI-IIBI T 8 PROJECT'S PHASE 2 TRIP ASSIGNMENT WITHIN 5 MILES KEY 1) AM PEAK HOUR (277) 2) PM PEAK HOUR (359) 3) WE[KDA Y DAiL Y (3788) lr) " ~ "" 11 8 .2 Q " 14 "' 0- Il ~ CiS a 152 " ct 114 ..s "> 't " -'< " '" .~ 0 <( 78 147 101 190 1061 2008 44 57 606 55 72 758 '\j to " Cl: to .2 '0 "" <: :~ -", \) Cl 0-; '- Cl .~ '( Golden Gate Porkwov 8 11 114 I.f\ r-.: ~; " ~- v, '-- 'D 22 29 303 immokolee Rood 17 22 227 17 22 227 Sub jec/ Project \ 163 212 2235 Vonderbiit Beach Rood o 0- .,. i- 14 18 189 . 'I' :':': .::-.... 'g OJ 194 251 2652 i3 "', o -, Pine Ridge Rood 3 11 4 74 38 152 Green Blvd. .~ -r:i ::., fE " ~ '" "" '- c, Co :::; <: <:J Uj ~ 17 22 227 6 7 76 Agenda item No'. 88 May 22 2007 Page 76 of 142 EX/-IIBIT 9 PF?OJECr'S Pf-IASE 3 TRIP ASSIGNMENT WITHIN 5 MILES KIT 1) AM PEAK HOUR (342) 2) PM PEAK HOUR (446). 3) WEE/(OA Y OAIL Y (4638) *",N W />."'- E S .5 1 ---1 Mile o I 27 36 37/ Immakolee Rood <.r) 2/ ''- 27 '" 278 /4 ~. 21 '" /8 /0 .2 1? 27 " /3 ", Subject 0 186 c.. as 278 Dc 139 <tJ Pro jec t -S '" \ ~ <tJ c.. -'< a a ,~ 0 '( 96 202 :;;. 125 263 1299 2736 Vanderbilt 3 4 46 ~. l!) "" 44 Ct' 58 U 603 /4 /8 /86 \! as c:: tJ '" o -, 3/ 40 4/7 55 7/ 742 17 22 232 Orange Blos8orn Dr. 68 89 928 17 22 232 .,.. G Q D:: Golden Gale Blvd. ,J & C . 81vd. 27 36 371 ~ ~ \. 3 4 46 (; .~-, If! OJ <: :~ ~, 10 13 139 ...j Ridge Rood 3 4 46 ,orne White Blvd 14 IB lB6 2/ 27 278 Green Blvd. 3 "t', 4 :::~ (D 46 ~~J c.. Q ..rJ () r:o 0 ~ Q U) 21 27 278 " " "b " a ct <tl ~~ .~ c.. o n. . ." " v, c '" .:.; Golden Gate Pork W(J , 9~1 \ Agenda item No. 88 May 22, 2007 Page 77 of 142 EX/-IIBIT 10 COLLIER COUNTY PLANNED F?OADWA)/ IMPF?OVEMENTS . (THE DA TE WITHIN PARENTHESIS IS AN ESTIMA TED ~.L DA TE THE NEW LANES WILL BE OPEN TO TRAFFIC) W '" E 6-LANING s FY 2005 (LA TE 2007) o .5 I-- Immokolee Rood 6-L NlNG ltj 6-L4NING ", FY 2006 FY 005 '" (LA TE 2006) '0 (LA TE 007) Q "ti " ~ Subject Q OJ en Q: ,. Project ~~ If, NEW ROAD \ <.. -S .. ,. -'< FY 2005 Q D ~~ 6-LANfNG Q (Late 2005) " FY 2005 (LA TE 2005) Orange Blossom Dr. 6 -LANING FY 2006 (LA TE 2006) 'ti " 6-LANING't'ij FY 2006 <:' ([ (LA T[ 2006) g, ~ 6-LANING FY 2007 (LA TE 2007) J & C Blvd. "J <:J o Q;: C' .2 '-' 1 I Mile l?; Cr, 6-LANING FY 2003 (LA TE 2007) 6-LANING FY 2005 (LA TE 2007) Ct' U 6-LANING FY 2005 (LA TE 2007) Golden Gote Blvd. .~ '-" _.J 6-LANING FY 2007 (LA T[ 2007) Pine i?idye Rood White Blvd. Green 81 vd. 6-LANING FY 2007 (LATE 2007) '" " o ct <.r, " P ..:0. e6 6-LANING FY 2009 (LA TE 2009) 'lJ ~J '~ ... " e- " " ':' Ij .':-l c. Q Co '" , ~:~ s .!~ Golden Gote Porkwc ,. 6 (r, Agenda item NO..8B May 22. 2007 P0g~ 78 of ~ 42 EXHIBIT 71 DE/ERMINA nON OF PROJEC T'S PI'IASE 7 rWI N *,/ w /> "" E S KEY 7) GREA TER OF PROJECT'S AM OR PM PEAK HOUR TRIPS 2) PERCEN T OF ROAD WA Y'S ADOP TED LOS A T PEAK HOUR .. 3) WITHIN ROI (i% OR MORE OF ROADWA Y'S ADOPTED LOS) o I 14 0,5% No .5 1 : -----I Mile Immokolee Rood 71 2 <i') 0.4% '" 02% NO " 11 No '" "to - 'J .) 7,2% lr) tJ Subject a '" en "" 23 ct c.. Yes Praject 7 .": to \ .:t: 2.5% "t: 0.4% S Q, <.,j Yes '" '" 0 .r:;- NO c) " 50 107 7 1.8% 3.8% 0.8% ---- YES YES NO /' VOJ'"/derbilt Beach Road OranW1 Blossom Dr. 29 1.0% YES 96 3.5% YES ,; , ct.\ /27 13.7%' YES 9 097% NO /6 1.7% Yes .J & C Blvd. 't) () CJ It: c () " 36 /.3% YES <:: " e') c, '. " (J:' ,~. 9 0.97% NO Go/den Cote Blvd. :~ 14 0.8% NO -! /-;ino Ridge F?ood White Blvd. 11 0.6% NO Green Blvd, ~~ 11 0.5% NO ~, o " Q: <.r) t.-, t.:::] \n ';) , ') .) ') rtl 4 0.4% No -- 't () S- '" CJ '" VI '. 'l> ". ,. tJ Golden Cote_ Parkway ~ s Co \ *4.6% based on 6'-loning of Vanderbilt Beach Road Agenda item No. 8B May 22, 2007 . Page 79 of 142 W#E EXNIBIT 72 DETCRMINA nON OF PROJECr'S PNASE 2 RDI L(EY 1) GREA TER OF PROJECT's AM OR PM PEAf(HHOU8H TRiPS.. . 2)PERCENTOF ROADWA y'S" ADoptED LOS A T PEAK HOUR 3) WITHIN RDI (1% OR MORE OF ROADWA Y'S ADOPTED LOS) 29 0 7.0% I Yes .5 1 : ---I Mile Immokolf!e Rood 22 ") 0.8% 4 "- No 0.7% OJ No 'b ~-, "ti 22 l!) '" 14 /1 ~ Subject a '0 en 2.4% "" 47 Q;: 0.8% 0.4% c.. Project .~ Yes No No '" \ 1.7% ~ .2 " ... "< Yes a D .~ C) ~ 101 212 14 3.6% 7.6% 0.5% Yes Yes No Vanderbilt Beach Rood 57 2.7% Yes Orange G/ossom Dr. /90 6.8% Yes 'ti 251 ~ as 9.0% '" Yes iT (; '" n " ...j '- "- 18 :. 1.9% ,. l: Yes ~. 78 0.6% No 32 1.2% Yes J & C RIl<1. 'tl " '" Dc 72 2.6% Yes Go/den Gate B/vd. c. .2 " 29 /.0% Yes .t~ '.' Pine Ridge Road 1111ite Blvd. /4 0.5% No 22. 1.2% Yes Green Blvd. '" a a Q;: If) r. '::> , i'6 .t: a ,~ " " ,., .2; v, '- ,~~ 5~ ') c.. I.) -'7:t ;3 fa 22 1.2% Yes \J o " G1 Go/den Gate Parkway ~ -*- w />~"" E ------ Orange Blossom Dr. ,j &- C Blvd. EXHIBIr 73 OETmMINA nON OF PROJECT'S Pl-IASE 3 RDI KIT 1) CREA TER OF PROJECT'S AM OR PM PEAK HOUR TR.fP" .__ 2)' PERCENrOF'KOADWAT'S ADOPTED LOS A-r PEAK HOUR 3) WITHIN RD/ (/% OR MORE Or ROADWA Y'S ADOPTED LOS) 36 0 /7% I . '" . Yes '" tJ () Q: 18 0.97% No 13 0.5% No 236 8.5% Yes " D o Q:: 89 3.2% Yes ~ '. o ,f; " 125 4.5% Yes ./ c- o .,.. <n .~ '.J Golden G!]te Parkw.?y 71 2.6% Yes a <:J o ct t c, .~ "': Immokolee Rood " _. .2 t:'. <tJ - _S 27 0.97% 27 No 29% Yes Subject ProJect \ ") " "ti ~ Q; ~ l!) 0) \! 312 as 71.2% c Yes '0 0, a --' 263 9.5% Yes Vonderbilt Beach Rood , 22 2.4% Yes ...:- /8 0..6% No Green Blvd. ~2 'b [.J '" l'l 'I' - '- \ 22 0.8% No 36 1.3% Yes Pine Ridge Rood 27 0.97% . No 'c} ). Qj 27 0.97% No I,) c.. ,) .G , " (1) 9 0.5% No 9 0.3% No ~c:: r.: <:J I.:) Aoenda Item r~o.'8B . May 22, 2007 Page SO of 142 .5 Mile ~ 4 0.1% No 58 2.1% Yes 18 0.6% No 40 1.4% Yes Golden Gate Blvd. White Blvd. EXl-I/BIT 14 Agenda Item t"o. 8B May 22, 2007 Page 81 of 142 N W*E- S 2005 PROJECTED EX/STING TRAFFIC KEY 1) Annual Average Doily Traffic/LOS 2) Peak Season Dally Traffic/Annual Average Daily Traffic Ratio .., 3} Peak Season' Dolly Traffic/LOS '. 28,647/L05 C 1.30% 29,019/LOS C Immokolee o .5 1--, Mile 1 I Road ronge Blossom Dr. 25,631/L05 F 8.28% 27,753/L05 F 28,647/L05 C c, 1.30% "- 29,0/9/L05 C " '- 1: 7,000/LOS 8" - t1 71,38% Subject Ll> 15,584/1.05 C ~ v, Cij 0, c.. 7, 797/LOS 8 Project 5.30% '" Q' ~ v, \ 16,410/LOS C .~ '" U .>.: " Q 20,222/LOS F 7.99% 2/,838/1.05 F Vonderbilf ---- 't1 Q d! 1:: a .f; " 30,809/L05 F 8.28% 33,360/1.05 F 40,739/L05 D 5.14% 42,833/L05 0 72,495/1.05 B 13.73% 14,271/L058 18,535/L05 t 2.78% 19,050/LOS F J &- C Blvd, '<) l, d! 24,300/L05 B 5.14% [' o 25,549/L05 8 Co " " 's; 9,/42/LOS 8 ~ 11.38% as 10, 782/LOS 8 ~ 6 'J (, ",' Golden Gate Blvd. 33,542/L05 F 4.D5% 34,900/L05 F ..J Pine Ridge Road While Blvd, 30,447/1..05 F 1.15% 30,797/L05 F Grt?~:'/" Bivd. ~. c.. C> .e- " ~s '!! 't'ij n '- C> .c L. " Cl.) 'J ,.. " " U) 30,447/LOS F 1.15% 30, 797 /L05 F " tJ C Q: Li') "- '" .~ 'J '" '. f.J Golden Gate Parkway 'Estimoted N *'fH W- E />'" s EXHIBIT 75 2006 PRO,JECTED ANNUAL AVERAGE OAIL Y TRAFFIC (W/Tf-fIN PROJECT'S PHASE 1 ROI) .KEY 1) Without Project's Traffic/LOS 22 f'roject's Traffic ... . .. 3) Wl'th Praject's Traffic/LOS i\genda Item No.. 8B May 22, 2007 Page 82 of 142 o I .5 1 I~ Mile Immokalee Rood <.r) "- " 7,560/L05 8 'l'J .c, -~ '.. tJ .2 715 Subject lC) 16,837/LOS F a v, 't'ij 7,675/L058 0, 248 Dc c.. Project ..:>: '" \ 17,079/LOS F 't <lJ ..~ -'< 0 b ,~ 0 21,840/L058 /6,837/LOS F " 33,274/L05 B 1,127 76 535 22,967/LOS B 16,907/L05 F 33,809/L05 8 Vanderbilt 27,687/L05 B 13,495/L05 B 20,018/L05 F 42,260/L05 D 1,337 172 Orange 1,012 . 14,832/L05 B 20, /90/LOS F 306 28,693/L05 B ?!ossom Dr. 42,566/L05 D "ti Q '" 13,495/LOS B Golden (;ole " as 96 J & C Blvd. CJ 27,593/L05 B 73,591/L05 B Ellvd. Q: is ;:: 382 <:.J 0 27,975/L05 8 0 ~, ...j OJ Q ,- .:-=: ,~ Pine Ridge Road While Bivd. Green Blvd. 'b tJ a Q: ~) ~, '0 " C]j aj Q ,. " f: to OJ ~ c.. n .~ " ,;~ 'n c. Ql -" ..:::: o '. co '0 U) / Golden Gate Parkway N * W ;? '" E S EX/-IIBI r 76 2006 PROJECTED PEAK SEASON DA/L Y TRAFFIC (WITf-!IN PROjECT'S PHASE 1 RDI) KEY 1) Without Project's Troffic/LOS ...,.. .. ...,.....p2 LE!o)~c{sTraffir; p , 3) With Project's Traffic/LOS Agenda Item No. 8B May 22.2007 Page 83 of 142 o I _5 1 I I Mile Irnrnokolee Rood ~ Q) 8,420/LOS 8 '" ~ og ~'- Cl 115 Li, 17,723/LOS F tJ .,- Subject a '^ Qj 8,535/LOS 8 0) Q: ,- Project 248 'u Qo 17,971/LOS F ,- V> \ ~ " '- '" (j 0 " e- O 23,585/LOS 8 17,723/LOS F -- " 36,029/LOS 8 1,127 76 535 24,712/LOS 8 17,799/LOS F 36,564/LOS 8 Vanderbilt Gooch I\ood 1 29,973/LOS 8 15,348/LOS 8 20,575/LOS F 44,432/LOS E 1,337 172 range 306 /,012 16,685/LOS F 20,747/LOS F Blossom Dr. 44,738/LOS E 30,985/LOS 8 ~6 '" 0. 15,348/LOS 8 Golden Gale tJ iD 96 Blvd. J&C Blvd. n 29,OI1/LOS 8 Q' " 75,444/LOS B 382 '0 t: 29,393/LOS B co " 0 S I.) ..J v, " c.' .:;; ...j Pine Ridge Reod White Blvd. Green Blvd. v, c.. '" .,~, "ti " 't'ij <:J L Cl '" t::J OJ o <- ~.) '" o Q: <" "'- '11 ~ ~ c.. o .~ " .2 <:: Cl 01 c- ......: ""'d," CIPO",WW *N d" I - E S ----- 'ran qe o S'son1 Dr. I & C Blvd. EXf-/IBI T 77 2007 PROJECTED ANNUAL A \IERACE OAIL Y (WI TlIIN PROJECT'S PHASE 2 ROi) KEY 7) Without Project's Traffic/LOS 2) Project's. Troffic 3) With Project's Traffic/LOS 'tJ t; a 0, ~ c.. a .~ " 35,936/LOS B 1,061 36,997/LOS B /" "" 45.641/[OS E: 606 46,247/LOS E: -OJ t; o Q: .," '. a 0.. .~; " / 29.895/LOS B 2.008 "ti 31.903/LOS 8. [13 "to (l " L:t: 29.800/LOS 8 758 30.558/LOS 8 r_ t.) v. " ,- ":; -" -r"r*wo, TRAFFIC 33. 413/LOS 8 303 33, 716/LOS 8 'f) "- " ,.:) " " , Qi (' .~ B.le5/LOS 8 -0 ~ 227 is) 8.392/LOS 8 v, ~. -\: t; () 23.587/LOS 8 2.235 25,822/LOS B /Vanderhi!t 1O.663/LOS 8 189 '0 IO,852/LOS 8 65 Grgen Ell ve!. If) " .~ v .,~, " , Q;: c. -- 't:) (t:i t, , (:; .(; , ,- (17 " ~~ c /rnrnol<aJee Rood Subject Praject \ " ;) (~) ':) 14.575/LOS 8 2.652 17.227/LOS 8 14,575/LOS 8 189 14,764/LOS 8 ,e'j!'>: F(idgc Rood 35.513/LOS 8 227 35. 740/LOS 8 jI,genda !tern ~'o: 88 May 22, 2007 Page 84 of 142 o I .5 7 -I Mile - ~ IB,I77/LOS 8 492 ct' 18.669/LOS B (j IB,177/LOS 8 152 18.329/LOS 8 / 21.619/LOS 8 341 21,960/LOS 8 Golden Cole Blvd. 39,123/LOS 8 303 39,426/LOS B While Blvd. 35.513/LOS B 227 35, 740/LOS 8 N *c/ w;9 E S --- J'onge /3/ossorn Or. J &: C Blvd. EXHIBIT 18 A.genda Item No. 8B May 22. 2007 Page 85 of 142 2007 PROJECTED PEAl( SEASON DAIL Y TRAFFiC (WITHIN PF?OJECT'S PHASE 2 RDI) KEY 1) Without Project's Traffic/LOS 2)Praject's Traffic 3) With Project's Traffic/LOS "0 " Q ct ~ c.. () .~ '[ 38,971/LOS C 1,061 39,972/LOS C 47,987/LOS [ 606 48, 593/1.. OS E 'b () t,; Q: '" '" () Q: 't Q "- .~ " 33,848/LOS B 303 34,151/WS B o .5 1 1------4--1 Mile Immokalee Road c, t', 'u -\5 9,094/WS 8 '- "- 227 Subject It') 19, 140/l..0S B (?j 9,321/LOS 8 0) Project 492 \ 19,6J2/WS B 25,472/LOS 8 19, 140/WS 8 2,235 152 27,707/LOS B 19,292/LOS 8 Beach Road 16,576/1..0S B 22,220/WS 8 2,652 341 ':~ 19,228/I.OS B 22,561/LOS 8 Cl.l 11,876/1..0S 8 189 ~~~ 16,576/LOS 8 Go/den Gote .< 12,065/LOS 8 Q:, 189 BI'ld. ..' ~ 76,765/LOS 8 () 'c \:J' 40,707/LOS 8 c) 303 ," 41,Oro/LOS B Pine FNdge Rood 35,921/1..0S 8 227 36,148/LOS B v v, c. ~ (' ..., 32,370/LOS 8 2,008 34,378/LOS 8 o ~, 0, I~J .~~. ,;:. -, 31,332/1..0S 8 758 32,090/WS B Green at'Vd. lr; t., -~ " G': '" is {J i-) C.i..'; 35,921/LOS F 227 J6,J48/LOS F 'I, '0 , ~ Cl ..::.~ ':"J ." <: " co Golden Gale ParkwGY N * W "'" E S ~ Jronge lossom Dr. ,) &:- C B/~'d. 2008 PROJECTED ANNUAL AVERAGE OAIL Y (WI7HIN PROJECT'S P/-IASE 3 ROi) KEY 1) Without Project's Traffic/LOS 2) Project's Traffic. J) With Project's Traffic/LOS EXfI/BIT 79 Aoenda Item No', 88 - May 22, 2007 Page 86 of 142 TRAFFIC 36,086/LOS B 371 36,457/LOS B "tJ tJ () Q: :0 QJ ~ " ~. t' '" ~ -S ", " -'< tl' c~ 25,474/LOS B 2,736 28,210/LOS B / '(j 8,BI8/LOS B ~ 278' as 9,096/LOS B '" c.. " .~ '" 38,811/LOS C 1,299 40,110/LOS C Vanderbill 32,287/LOS 8 2,458 34,745/LOS B 49,292/LOS ~ 742 50, 034/L08 ~ 'g~ C) a, t: '0 (., tr ~~ 'r:i " 20 1I,516/LOS B . 232 'S: <r. " 11,748/LOS B CD " f::. 32, 184/LOS B 928 33,112/LOS B , ,C, o f-- .5 I Mile 7 I Immokalee Rood Subject Project \. - ~ 19,361/LOS 8 603 19,964/LOS B 79,361/LOS B 186 19,547/LOS B 15,741/LOS B 3,247 18,988/LOS B 23,349/LOS B, 477 23,766/LOS B r: u ,~) (I .'" 75, 741/LOS B 232 75, 973/LOS B 42,253/LOS B 377 42,624/LOS 8 Golden Gote Blvd. ..~ Pine Ridge Road Green 81 vd Q CJ () Q: L.f) ". -?; iiO 2 C) .(:l c.. ,.. cD ~ '0 .~ !'> Q; ~s t: () .~ '" ..\?; e:: '" If) Golden Caie_ pork~/ov --- 38,354/I.OS B 278 38,632/LOS B 38,354/LOS F 278 38,632/LOS F N W *E S -~ range f..~Jo$$orn Dr. j & C Blvd, Agenda Item No. 8B May 22, 2007 Page 87 of 142 EXfllBIT 20 2008 PROJECTED PEAK SEASON DAIL Y TRAFFIC (WITHIN PROJECT'S PHASE 3 RDI) KEY 1) Without Project's Traffic/LOS 2) Project's Traffic ..... J) With Project's Traffic/LOS c, "- '" D " Q: '" (; .~. " 42,024/LOS C 1,299 4J,32J/LOS C 51,826/LOS F 742 52,56B/LOS F 34,960/LOS B 2,458 37,418/LOS B -t:l t:J " Q;: 33,839/LOS B " 928 ." 34,767/LOS 8 10 " .c: .=: _J -0 D () Il: .,~ c.. a .~ " Go}den Cote Parkwo 1C) ", ., ~~1 ,~ '" '-. <, kS 36,556/LOS 8 371 36,927/LOS 8 o I .5 I Mile 1 I Immokolee Road 9,822/LOS B - 278 Subject li, 20,671/LOS B 1O,IOO/LOS 8 0) Project 603 \ 21,274/LOS 8 27,510/LOS B 20,671/LOS B 2,736 186 30,246/1_05 8 20,857/LOS 8 Vanderbilt Beach Rood 17,902/LOS B 23,998/LOS 8 417 -c J,247 24,415/LOS 8 " 21, 149/LOS B CD 12, 826/LOS B . '" 232 '? 17,902/LOS 8 Golden Gate ~ 13,058/LOS 863 232 Blvd. <:: 18,IJ4/LOS B Q 43,964/LOS 8 :.\ " 0 J7t - ,J 44,335/LOS 8 Pine Ridge Rood Green Sf vd. 38, 795/LOS 8 278 39,07J/LOS 8 ~ 63 '" '.. () .c, '- '" Cl:l to ~ " '" <n 38, 795/LOS F 278 39,073/LOS F EXH/8/ T 21 Aoenda Item ~Io' 8B ~ Iviay 22. 2007 Page 88 of 142 PROJECT'S_P/-IASE 3 AM PE;AI< I-lOUR tNTERING. TRAIT/C (72 TOTAL TRIPS) N w* E ,P~ S ~4 WOLF CREEK SUBD. ~ 4 (WOLF CHEEK PUD) FALLS O/-- POr? TOF/NO CONDOS (WOLF CREEK PUD) 1 III 14 ". '- c. Cl '" .S .~J ~ Q 4 r J 7 / I 30 "L..... 4 ~-.3 45~ 5 ~) Wolf Rood BLACK BEA8 RIDGE SUBD. (WOLF CREEK PUD) 'b Ct: 7 ". ~) D -~ ~ \.-1 OFF/CE/ ~3 RETAIL PA!\'f( I ~ /l: -I 'v:4NDERBfL T ~3 5~ NAGEL- CRAIG LAND Loop 8d. 1 MISSION f1fLLS GEN TER Jl1 2 3 J 11 "- li) G') Ct: U BEAUI !?D. 11 4 EXHIBiT 22 PROJECT'S PHASE 3 AM PEAK HOUR Agenda Item No. 8B May 22, 2007 Page 89 of 142 [XI7/NG TRAFFIC (270 TOTAL TRIPS) N *c/ w ;? ~ E S WOLF CREEK SUBD, (WOLF CREEK PUD) 13 -7 (7 54 ~ I Wolf Rood 27 NAGEL- 35 --.2' 5 ~ 13 (WOLF CREEK I PUD) ~ J'~ QJ '" ';:: CJ Q) .S: FALLS OF ...; lI) PORTOFINO ct CONDOS ~ 16 ~ 11 8 -7 113 ~ ~--27 27 (WOLF CF..'EEK PUD) MISSION U:; OFFICE/ J 1 ( cii ;;~;,c ~ 11 -7 g.. 10 RETAIL PAF..'K 19 Q 1 3 -.J VAN!)ERB!L T BEACH RD. 11 -7 14 ~ 8LA CK BEAR CRAIG LAND Loop Rd. 3~ 5 1 5 ~ RIDGE SUBD. ~19 Ag'enda Item No: 8B May 22, 2007 Page 90 of 142 EXI-IIBIT 23 PROJECT'S PHASE 3 PM PEAK HOUR ENTERING TRAFFIC (292 TO TAL IR/PS) I~ W ~~ E /''\ s FAL , 12 +--15 J 1 EEK SUBD, ~ /8 Wolf Rood 1 Cl?EEK 1 ) NAGeL- 6 ~ 58 c:. C1 CRAIG q, BLA CK BEAR ,s. -> LS OF <~ LAND 12 '- J Q. ((IDGE SUBD. r -E-- 20 Loop Rd. TOFlNO 18 1 11 J 29 (WOLF CREEK PUO) 'ro DOS 1 1:C 29 3 6 MISSION _. (.S' I.() F CREEK \.) hiLLS <J) 123 '.-1 ~J UD) ~15 OrnCE/ Cl::: . . (--72 CENTER U ReTAIL F'II/?I( J --.1' ~3 ~72' 'lANDERS/I. I ~12 BUleN RD. 784~' 20 --.1' 11 20 ---7 15 26 WOLl" CR (WOLF PUD POR CON (WOL P EX/-//B/T 24 Agenda Item No. 88 May 22, 2007 Page 91 of 142 PROJECT'S P!-IASE 3 PM PEAK !-lOUR EX/TlNG TRAFFIC (154 TOTAL TRIPS) N *'J W . E i/'\ s WOLF CREEK SUeD, (WOLF CREEK PUD) 8 ---7 .17 31 ~ I Wolf Road 15 NAGEL - 20 -.J 3 -~ q) " .;:: Cj BLACK BEAR CRAIG (\) C: FALLS OF ~': .~') POR TOFlNO ct CONDOS "t . 9 ~ --6 5 65 ~ ,.c--15 15 (WOLF CF(EEJ<: PUD) LAND ---7 Loop Rd. 2~ 3 1 3~ mODE SUBD, ,~ rlf:'Ci('C'/ vI I I ,/- J l' ~ Lf') OJ Q:: U eEN TER g. 6 1 ,3 I VANDERBIL T REACI/ (?D. ~ 6 ---7 MISSION 8 (WOLF CREEK I PUD) ~ J 6 NILLS REJAIL PA.RK f--11 7~ EXHIBIT 25-A Agenda Item No. ^8B May 22. 2007 Page 92 of 142 HCS2000: Signalized Intersections Release 4.1e Bill Hoove r Hoover Planning & Dev., Irlc. Hoover Planning & Dev., Inc. 3785 Air.port Road N., Suite 8-1 Naples, FL 34105 Phone: 239-403-8899 Fax: 239-403-9009 E-Mail: billh@hooverplanning.com OPERATIONAL ANALYSIS Analyst: BH Agency/Co.: HP Date Performed: 3/20/2005 Analysis Time Period: AM Peak Intersection: VRR/Pristine Drive Area Type: All other areas Jurisdiction: Analysis Year: 2008 Project ID: Wolf Creek PUD East/West Street North/South Street Vanderbilt Beach Road Pristine Drive VOLUME DATA I Eastbound I I'iestbound I Northbound I Southbound I L T R I L T R I L T R I L T R I I I I Volume 145 337 I 940 3 I III "'iY6- % Heavy VehlO 0 I 0 0 I 10 0 PHF 10,90 0,90 I 0.90 0.90 I 10.90 0.90 PK ]5 Vol 113 94 I 261 I I 13 47 Hi Ln Vol I I I I % Grade I 0 I 0 I I 0 Ideal Sat !1900 1900 I 1900 1900 1 /1900 1900 ParkExist I 1 ! I NumPark I I I 1 No. Lanes I I 3 0 I 0 3 1 I 0 0 0 I I 0 I LGConfig 1 L T 1 T R 1 I L R Lane Width 112..0 12.0 1 12.0 12.0 I 112.0 12,0 RTOR Vol I I 1 I I 13 Adj Flov.; 150 374 I 1044 2 1 112 174 % I nSha redLn I I 1 I Prop LTs I 0.000 I 0.000 I 1 Prop RTs I 0.000 I 0.000 1.000 I I 1.000 Peds Bikesl I 0 1 0 I 0 Buses 10 0 1 0 0 1 10 0 %InProtPrJase I 1 1 Duration 0.25 Area 'J'ype: All other .:J.reas -~,,- OPERl\TING F.l\RI\ME'J'ERS --~-_._~---- -,'. ---~ I Eastbound I Westbound I Northbound I Southbound I ! L T R I L T R I L T R 1 L T R I I I _._-'~-"---'--~ I ----- 1 1 Init tJnrnet 10.0 0.0 I 0.0 0.0 I 10,0 0.0 1 Arriv. Typel3 3 1 3 3 I 13 3 I Unit F.xt. 13^0 3.0 I 3.0 3,0 I 13.0 3.0 I I Factor I 1.000 I 1.000 I 1 1.000 I Lost Time 12.0 2.0 I 2^0 2.0 I 12.0 2.0 I Ext of g 12.0 2.0 I 2,0 2.0 I 12.0 2^0 I EXHIBIT 25-B Agenda Item No. 8B May 22, 2007 Page 93 of 142 HCS2000: Signalized Intersections Release 4.1e SIGNALIZED INTERSECTION SUMMARY I E:astbQund Westbound I Nort.hbound I Southbound I L T R L T R I L T R I L T R I I I I 1 3 0 0 3 1 I 0 0 0 I ], 0 1 I L T T R I I L R 145 337 940 3 I IJ.J. 170 112.0 12.0 12.0 12.0 I 112.0 12.0 I 1 I I 13 Analyst: BH Agency: HP Date: 3/20/2005 Period: AM Peak Project tD:vlolf Creek PUD..... E/W St: Vanderbilt Beach Road No. Lanes LGConfig Volume Lane Width RTOR Vol Inter.: VBR/Prist.ine Drive Area Type: All other areas Jurisd: Year 2008 N/S St.: Pristine Drive Duration Area 0.25 2 Type: All other areas Signal Operations 3 4 6 18.0 3,0 1.0 Cycle Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) Phase Combination 1 EB Left P Thru P Right Peds WB Left Thru Right Peds NB Right SB Right Green Yello,., All Red A A A 10.0 3.0 1.0 60,0 3.0 1.0 Appr/ Lane Grp Lane Group Capacity v/c g/C East.bound L 181 T ] 830 1805 ~176 0.28 0.10 0.10 0.74 \'Ie s tbound T 3106 R 969 Northbound 5176 1615 0.34 0.00 0.60 0.60 Southbound L 325 1805 0.04 0.18 R 291 1615 Intersection Delay 0.60 13..7 0.18 46,4 D (sec/veh) Intersection LOS B 5 7 8 NB Left Thru Right Peds Left Thru Right Peds Right Right P SB p EB IvB Length: 100.0 sees Approach Delay LOS Delay LOS 45,4 3.7 D A 8.6 A 10.1 8.0 B A 10.1 B 34.1 C 45.6 D EXHIBIT 26-A Aaenda Item No. 88 " May 22. 2007 Page 84 of 142 HCS2000: Signalized Intersections Release'4.1e Bill Hoover Hoover Planning & Dev'r Inc. Hoover Planning & Dev'r Inc. 3785 Air?ort Road N., Suite B-1 N"ples~, FL~ 3H05-.--....,.._,.. ...-.--. Phone: 239-403-8899 Fax: E"l~ail: billh@hoover?lanning,corn OPERATIONAL ANALYSIS 239-403-9009 Analyst: BH Agency/Co. : HP Date Performed: 3/20/2005 Analysis Time Period: PM Peak Intersection: VBR/Pristine Drive Area 'type: All other areas Jurisdiction: Analysis Year: 2008 Project ID: Wolf Creek POD East/West Street North/South street Vanderbilt Beach Road Pristine Drive 1 Eastbound 1 L T R 1 Volume 1184-951 % Heavy Vehl 0 0 PHF 10.90 0.90 PK 15 Vol 151 764 Hi Ln Vol I . % Grade I 0 Ideal Sat 11900 1900 ParkE:xist 1 NurnPark 1 No. Lanes 1 1 3 0 LGConfig I L T Lane Width 112.0 12.0 RTOR vol 1 Adj FJ ow 1204 1057 % InShar~dLn I Prop LT3 1 0.000 Prop RTs I 0.000 Peds Bikes I Bll.'3es \0 0 % InprotPhase Duration 0.25 Area VOLOME DA'I'A 1 Westbound 1 L T R I I 1 1 1 1 1 I I I 1 1 1 I I 1 ! 1 I I 1 Type: All other 512 o 0.90 142 12 o 0.90 3 I Northbound I L T R I 1 1 1 1 1 1 I 1 1 I 000 I 1 I 1 I ! I I 0 1 I areas I Southbound I L T R 1 16 10 10.90 12 I 1 ! 1900 I 1 1 1 L I] 2.0 1 17 I I 1 I 10 I o I I 1 97 1 o 1 0.90 I 27 1 1 1 J 1 J I 1 1 1 ! I I I 1 1 I o 1900 1900 o 3 1 R 12,0 2 11 1900 1 o 1. R 12.0 14 92 'I' 12.0 569 0.000 0.000 1.000 o o o 1.000 o o OPi':RATING PARl\METERS .., 1 Eastbound I ~)estbound I Northbound I Southbound 1 J, T R I L T R 1 L T R 1 L T R 1 1 I I , ~--6. 0 Init Unmet 10.0 0.0 I 0.0 0.0 1 10.0 Arriv. Type I 3 3 I 3 3 1 13 3 lJnit i':xt. 13.0 3.0 I 3.0 3.0 I 13.0 3.0 I Factor I 1. 000 1 1..000 I I 1,000 Lost Time 12.0 2.0 I 2.0 2.0 I 12,0 2.0 Ext of 9 12.0 2.0 I 2.0 2.0 I 12.0 2.0 EXHIBIT 26-B Agenda Item No. 8B May 22, 2007 Page 95 of 142 HCS2000: Signalized Intersections Release 4.1e Analyst: BH Agency: liP Date:. 3/20/2D05 Period: PM. Peak. Project, ID:. Wolf, Creek- POD E/W St: Vanderbilt Beach Road Inter.: VBR/Pristine Drive Area Type: All other areas Jurisd: Year 2008 N/s St: Pristine Drive .- SIGNALIZED INTERSECTION SUMMARY I ...,--- Westbound I Northbound I Southbound Eastbound I L T R J, T R I L T R I L T R I I --- I I 1 3 6-- 0 3 1 I o 0 0 I 1 0 1 I L 'r T R I I L R 1184 951 512 12 I 16 97 112.0 12.0 12.0 12.0 I 112.0 12.0 I 2 I I 14 NO. Lanes' LGConfig Volume Lane Width RTOR Vol Duration 0.25 Area Type: All other areas ._Signa1 Operations__. 3 4 I 5 6 7 8 I NB Left I Thru I Right I Peds I SB Left P I Thru I Right P I Peds I EB Right I \VB Right Phase Combination 1 2 EB Left P Thru P A Right Peds VlB Left' Thru A Right A Peds NB Right SB Right Green 15.0 55.0 18,0 Yellow 3.0 3.0 3.0 All Red 1 , 0 1 . 0 1 . 0 Cycle Length: 100.0 sees Intersection Performance Summary Apprl Lane Ad) Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s)v7c g/C Delay LOS Delay LOS F.'a stbound L 271 T 3830 1805 5176 0.75 0.28 0, ] 5 0.74 58.2 4,3 E A 13,0 B Westbound T 2847 R 888 Northbound 5176 1615 0.20 0.01 0.55 0.55 11,4 10.2 B B 11.4 3 Southbound L 325 1805 0,02 0.18 33.9 C R 291 1615 Intersoction Delay 38.2 D 0.32 13.8 0.18 38.5 (see/veh) ~ u Intersection LOS .. B Aoenda item l~o..,gB - r,1ay 22. 2007 P8ge 96 8f 142 APPEl\TDIX DI-'j, Coo! ~ o ,'..1./ (', I j 3' "''.1 1 0 Tjm~ 7"'\1' 6.'~.< /l 11, Condition~jJ'/ !CJ/.{ v -, Date 'u. -~ -<. c ~ v 7.Yur.. I /. / ,) Vandey6;/t b'c~d ld, t C,,f. 9.5"/ ({'iJ.II/~r [Ivd . ( Roadwav Annroachincr Int. Southbound RT ,'frH' ST jflv LT itFHV Pf RR BS TN VOL (, 7 .2 141- 12 3' C> ;/ / 2/4 jD9 1 /72 3:< .2 () 50 .:2 283 7'3 6 /20 1.3' 0 tJ J() 3 /98 53 10 /1/:' ;(! ..2 U 29 1- 20 I =lRF "'~ 7 ;3=1+' 7~":{} :!fij"'-' '::;5=13= ::;;rr..':." 'r1 r: z5, . 4. :'&J"':'.:ii~ -:-7"- '7717T" '::"12"":' ,ZJ::: 7~4::~j:.'~~T':r2l m7+m, =?,){: T7 7'F~":tz :.:::r. 7.: '-1(;) '.=g= 'l'99~ "5.fcSI'fTHFi4- t~'t :~:~'I:d':' =:. ~7j ::.::::..104,w.z;i'}\, 30125 51"2. is 1 0 /Z,S 896 Road/We.ather Intersection North-South Roadway C,;f,95"/ East - W~9t Roadway .J!d.J..t d cy /; i Ii' 8 t'6 C h ;/d, p~""".,~, ~m;t inn 'nL T':as,bcmn,l '. LT ~'H\ ST l,H'V R'f "'ff' PD RR. BS TN \T()L .22 3 13 I /7 5 4 / s:z j I 5" / /3- 3 1- 2. 35 =2 I 3 /3 () 23 / 7, ? 57' 5'0 s 4 () 26 b n. 1- so - ,;::rc.:e.' "';r."'" '" ]-.....",.,,- r ..... "-(:' "::7:'" ":<>:"1:' -=r-'..,7 - I I 'A--.' v"- .~~- ;Z-O'_hh..:,.- .7:)----'~ -';.:r-- -'o::;r- --",-{;'" "/'" .....'1".,.. .....-. ....."l"'7'f-.,._... ,"or' --, ..,.-.. ....,..'(}.. "", o. .. .........T7- 0- -r;.'--f-I"*' '/'#". -Irr- ~ .~4;;:F :Jt'. :.'.,. ::5: :-0: -:::::28'.:' :4:' :'.'6' ,,1- ='T4 :"51:10':::::'9''0 ''':'.rs~:.:J.+-' :5~":8=~::':Jj.F- :.;.1b~S:T4-':'Z.':j:77 7:.1 .63 :7fi:.?::2j ,l::i.')' 12 35 ;( Q I ,,.. rJ I:? 32 ')".>4. ,<;.... !S.n LT ~ Left Turns ST ~ Straig11t.s RT ~ Right. Turns *HV = 6 Heavy Vehicl~s TM = Time Periods* PD -.:::; Pedestrians RR = Right Turn DnRed BS = Buses Stopping VOL = LT + ST + RT *TIME PERIOD KEY AM PM . 4 q ^ = 7:0cr-::7:15 ":0=:15 ,',.<. 7:15-7:30 4\J5-4:jO -1'9/ = 7:30-7:45 4: 30-f;45 't-F(f, = 7:45-8:00 4:45;:;, :004-7'" /91t, = 8:00-8:15 5: O~'-"'~ :'15 ~L~:3 ;5a7 = 8:15-8:30 5: l' -5" 301.,(0 IS/{;' = 8:30-8:45 5f30-5 :~5 of'.'?':;- 1791- 8:45-9:00 Jf ' /1 I ..- !tJ85 = : 45-6: ol'l 't.", " -.:)i:. = Tot.als Tota.ls Agenda Item No. 8B May 22, 2007 Pa\)~...9Z.nL14 A NORTH ADDroach1ncr Int Westbound ST JFH\ RT rHV PI\RR BS TN VO!~ j R .2 2c 2 f / 49 /" I 1 2 .I .:: 3.f. Ii? "'?, 6 Ci 0 3 32 .. .~ II 3 2/ I 7 ( 0 1, J.'L ~:::'Z.:.:=pr:. '0:[-' ".,..~, :.&l=::' :.~..:: "~'1iI::: '---1-,2 ,.., =m= :'7= =f"(;l: ~:: :,,_.'.)C~::I- --e:'='= '..'t= ::'2~ ..'.:r:~. ':7.' '''-''iT ..~. ...,..-.".. ~"""''', T1"..':;I'.._"'.. ''';;::;''-''[0'''1'''''' 1.0. ---"/" ''''1''(.: -:-1:r, '5':'41: *:::.::::y:: 'l- ::::... -(;j, -_.':fT-:' =?;f ..:file:: {51 trio: /8 : 6R . .7 ';t:: 701.' :;:F7il' Roadwav LT rH 5' () 13 2 8 .:z 37 'I fi' .2 (,;, ,-'- '7? I~ ~/tj Roadway Approaching Int. Northbound LT H'J ST ,jfHv' RT jj:HV PIt1R DS T),r;M SO 5' /18 21- 9 {) () ,L /77 ._,-,...:.., 57 /0 7S J6 (, () 0 2 /38 73 .2 ~;23 2" 2_rL J /69 64 10 87 Ig 6 0 / 4- /j'7 ~. .../ .. ""o:g' . r2' -n .. =,.-. ..".. 7T' , :::c.'J1l.'L ~.'T.:;) .'0<-0""0' .'''-r ....~~..7--..7._. ., ..... I' A: =''''YCj: 'b: RF9 . 71 :::,tF~ :z: ':iY ~:. 1'5.lf F-'n"'.o.... ",. "'J'o;'l ..,,-. 'X' ....... '''''''':'''7:.:' :n,-"" ...."'1'7..' 0 ., ... '13- ,';;l' ,..,., .J .......!J"... -'.''''''0''"'. -.': ..~ '.:L2:.~ \=3:';' : ffi8G: n' ..::y:.",'T=": .cF ::::.....15-= :in . :'~[t~~\~9 ''7i~177f11..:S7.: \::-';::1-" :';? ,.,: [bt rt~ ;z.'l~L 303M; 75 29;~..( (,.~i/ ;^Ioenda Item r~o. 8B " r\1ay 22. 2007 ;;;~jliy Drl . 'j~ . 98 of 142 . Conditions Oce, J..f. S!,OW:/:,j Date .3'-!11-tJZ Time 4,''''2...- <f,:~,J w Vander~;1t 8~ad /fa', .{ {';)f, 95/ (,~/I;<t il/v~J. I ".'/'."".< Intersection Roa 'Way Approac lng n "au oun R1' ''!IH S1' jl'IV LT fHV PD RR BS TM VOL =r.;At.. .;0(.' .1,....,... '-*.. e" -~-- 11"'/ .. -". 3.7 Z 132 )0 7 0 II .5 118 34- ;;.. J2 ?. ~ 3 I 2tJ c:, )5"9 27 J 87 S 6 0 /0 7 120 '<6 2 g 7'1.,,- 13 0 13 8 1m - .~.J..!...<.. d 'orth-South Roadway (',;?, 9~-/ :ast - Wes) Roadway 0.J1dt:l'bi/ Be-Clef, I?d. h' I t ~ thb d )2"1- 9 430 .26 3/ I >a.dr' hi",y r,.,r., 'e ~ ,,' , H' ST irHV RT ~HV PD RR. BS TM vm. :--' , 7'.l ?6 3 16 0 p3 4 13 ,5- 16S '2 ;( /6 0 57 :J /0 ~ Ibf '2 5 ,20 0 46 .3 )0 7 15'8 '&, '3 U' {) 13 ~ )1, i? 1'/4 . ...-, ,6 )3 61 0 2 () 9 1'1- q 9 6:9.. KEY l' = Left Turns l' = Stra ights T -::: Right Turns HV = # Heavy Vehicles M = Time Periods* D = Pedest.rians R = Right Turn 'on 'Red S = Buses Stopping OL ~ LT + ST + RT 'TIME PERIOD KEY .5~ 5'8,;" NORTH Roadwav Approaching Int. Westbound L1' fH 31' HV RT ilfHV PI I'R BS TM VOl, e . , , " - 2b '3 ,n $ " I 0 5' 7<2_ J I 24- 3 S- O () 6 lZ J2 I Ie 2 8 1 0 1 3f 6 {) /4- ..< 7 0 I 8 n , .-I-++- -,., , 17 S 91/- 12. 26 2. /67 Roadway Approaching lnt: Northbound -. LT ~V ST l#ld RT 'lll\ Pr RR m TM vnT. - ,,,,,", - ~ 20_ 2 lo~ 12_ ..I. 0 0 S J36 - 36 <;. In )3 t, I 0 ~ 15"9 JJ 6 1/6 )S ;< 0 ,:) 7 15"( ., 29 5 /37 lJ.. :3 / CZ_ t-- 8' 169 1 15 lir 1"7'1 .f;""g IS Z 0 ,j,lS AM o N..0fF0:1).5 7.15,,7;;30 7, 0-71: 45 ;; 7:4 ~~OO o 8:09" :15 08:1'5- .30 , 8/30-8: 5 = jl:45-9:0'Q, t '" Totals PM 4:0CJ=l:15542 4.15-4:30493 4:30-4:45 "f9'f 4:45-5:00 13ft 19([,7 5:00-5:15 j-i9 /971 5:15-5:305/.5 1996 5:30-5:4516:>7/9,},9 5:45-6:00 1~'/j 1999 'l'otals I Agenda Item No. 8B May 22. 2007 Page 99 of 142 O'RDIN.A.l'lCE NO'. 07,_ AN O'RDINANCE O'F THE BDARD DF CO'UNTY CDMMISSIOl\"ERS DF CDLLIER CO'L"NTY, FLORIDA ."JvlENDING ORDINAc"lCE NUMBER 04-41, AS AMENDED, THE CDLLIER COUNTY LivID DEVELDPMENT CDDE, WHICH INCLUDES THE COMPREHEl\"SIVE ZO'l\"ING REGULATlOl\"S FOR THE 'G'},lNCO'RPDRATED l,REA DF COLLIER CDUNTY, FLORIDA, BY Ac\1DIDING THE APPRO'PRL"-TE ZONING ATLAS MAP O'R MAPS BY CHANGING THE ZDNlli'G CLASSmCATlOl\" DF THE HEREIJ\ DESCRlBED REAL PRO'PERTY FROM THE RURAL AGRICULTL"RAL (A) AND PLANKED 'G'N1T DEVELDPMENT (PUD) ZO'NING DISTRICTS TO' RESIDENTIAL PLA..NNED UNIT DEVELO'PMENT (RPOO), TO' ADD 20.2710 ACRES Ac'ID il7 DWELLlKG UNITS FOR A TO'TAL OF 167.9610 ACRES ,A.KD 671 DWELLING UNITS, Al\TI AMEl\TI THE ALLO'WABLE USES ~"JD THE :v!ASTER PLAN, FOR PROPERTY LOCATED ON THE NORTH SIDE O'F VAl\TIERBILT BEACH ROAD (C.R. 862), APPRO'XIMATELY O''\IE,HALF MILE WEST DF CO'LLIER BO'ULEV ARD (C.R. 951), IN SECTlO'N 34, TO'VlNSHlP 48 SDUTH, RANGE 26 EAST, CDLLIER CDUNTY, FLORIDA, CDNSISTING DF 167.96" ACRES; PRDVIDING FDR THE REPEAL DF DRDINANCE NUMBER 03-45, THE FO'RMER WDLF CREEK POO; AND BY PRDVIDIJ\G AN EFFECTIVE DATE. WHEREAS, Larry Mayer Abbo, of Prime Homes at Portofino Falls, Ltd. and William L. Hoover, of Catalina Land Group Inc., both of whom are represented by David R Underhill, Jr., of Banks Engineering and Richard Y ovanovich, of Goodlette, Coleman and Johnson, P .A., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NDW, THEREFO'RE, BE IT O'RDAINED BY THE BO'ARD DF CDUNTY CDMMISSIONERS DF CDLLIER CDUNTY, FLORIDA, that: SECTlO'N D?-ffi: The zoning classification of the herein described property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Rural Agricultural (A) and Planned Unit Development (POO) Zouing Districts to the Residential Planned Unit Development (RPuTI) Zoniug District in ""cordance with the RPUD Document, attached hereto as Exhibit "A", incorporated herein and by reference made a part hereof The appropriate Zoning Atlas Map or Maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. WotfCreek POO, PUDZ,A,2005,AR,7422 Page 10[2 .A.oenda Item No. 88 ~ May 22, 2007 Page 100 of 142 SECTION TWO: Ordinance Kumber 03-45, knovlll as the V-lolf Creek PU1). adopted on September 23. 2003, by the Board of Count), Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a super,majority vote of the Board of County Commissioners ofeoDier County, Florida, this _ day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMA,,'l Deputy Clerk Approved as to form and legal sufficiency: ~~, . -Y,"l'~ ' /")-j-; '. ~ J) 1(:._ ',' .1;.. I" (,~{(jJ,,-L.-t. 7ACc..t:"~j Marjorie) M. Student-Stirling Assistant County Attorney WQlfCreek P1.;D, PL'DZ,A,2005,AR,7422 Page 2 of2 Agenda item No. 8B May 22. 2007 Page 101 of 142 WOLF CREEK RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LARRY MAYER ABBO, V.P. PRIME HOMES, INC. 21218 ST. ANDREWS BLVD., #510 BOCA RATON, FLORIDA 33433 and WILLIAM L. HOOVER, PRES, of CATALINA LAND GROUP, INC., the MANAGER of WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC 3775 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 PREPARED BY: BANKS ENGINEERING 2515 NORTH BROOKE PLAZA DRIVE, SUITE 200 NAPLES, FLORIDA 34119 ROBERT PRITT ROETZEL & ANDRESS, L.P.A. 850 PARK SHORE BOULEVARD, 3RD FLOOR NAPLES, FLORIDA 34103 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, PA 4001 TAMIAMI TRAIL N., #300 NAPLES, FLORIDA 34103 DATE FILED March 23, 2005 DATE REVISED Julv 18. 2006 DATE REVISED April 24, 2007 DATE REVIEWED BY CCPC April 19, 2007 DATE APPROVED BY BCC ORDINANCE NUMBER 2003-45 Revised 4/25/07 to reflect CCPC changes ,Agenda item 1'0. 8B MBY 22, 2007 PaJ8 102 of 142 AMENDMENTS AND REPEAL TABLE OF CONTENTS TABLE OF CONTENTS PAGE ii LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 6 SECTION III RESIDENTIAL AREAS PLAN 9 SECTION IV PRESERVE AREAS PLAN 14 SECTION V DEVELOPMENT COMMITMENTS 15 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS 11 Revised 4J25/07 to reflect CCPC changes ii Agenda Item No. 8B May 22, 2007 Page 103 of 142 LIST OF EXHIBITS AND TABLES EXHIBIT "A" RPUD MASTER PLAN EXHIBIT "B" RPUD CONCEPTUAL UTILlTYIWATER MANAGEMENT PLAN EXHIBIT "C" TABLE I LOCATION MAP DEVELOPMENT STANDARDS STATEMENT OF COMPLIANCE Revised 4/25J07 to reflect CCPC changes iii ,l\genda item No. 88 May 22, 2007 Page 104 of 142 The development of approximately 167.96 acres of property in Collier County, Florida, as a Residential Planned Unit Development (RPUD) to be known as the Wolf Creek Residential PUD, will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The residential facilities of the Wolf Creek RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. 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 (FLUE). 2. The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. 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 FLUE. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project is located within the Urban Residential Subdistrict designation of the FLUE. The project density of 3.99 dwelling units per acre is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Densitv Maximum Permitted Density +4 +4 dwellinq unitslacre dwelling unitslacre Maximum permitted units = 167.96 acres x 4 dwelling unitslacre = 671 units. Requested dwelling units = 671, which results in a requested density of 3.99 dwelling units/acre. 6. All final local development orders for this project shall be subject to the Adequate Public Facilities Requirements, of the LDC. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION Rev,sed 4/25/07 2 Agenda Item No. 8B May 22. 2007 Page 105 of 142 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Wolf Creek Residential RPUD. 1.2 LEGAL DESCRIPTION The subject property being 167.96:!: acres, is comprised of 9 separate parcels that are located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. Parcel 1 - The South half of the Southwest quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet and the west 30 feet thereof. B. Parcel 2 - The South half of the Southeast quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet thereof. C. Parcel 3A - The North half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less Parcel 3B, subject to an easement for public road right-of- way over and across the north 30 feet and the east 30 feet thereof. D. Parcel 3B - A parcel of land located in the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: commence at south Yo corner of Section 34, Township 48, Range 26 East, Collier County, Florida; thence run north 02013'26" west, along the east line of the southwest Yo of said Section 34, for a distance of 2005.53 feet to the southeast corner of the north Y, of the northeast Yo of the southwest Yo of said Section 34 and the Point of Beginning of the parcel of land herein described: thence run north 89051 '58" west, along the south line of the north Y, of the northeast Yo of the southwest Yo of said Section 34, for a distance of 1245.00 feet; thence run north 02013'26" west, parallel with the east line of the southwest Yo of said Section 34, for a distance of 420.21 feet; thence run south 89051'58" east, parallel with the south line of the north Y, of the northeast Yo of the southwest Yo of said Section 34, for a distance of 1245.00 feet; thence run south 02013'26" east, along the east line of the southwest Yo of said Section 34, for a distance of 420.21 feet to the Point of Beginning. Revised 4/25/07 2 A;)enda item 1'0. 8B May 22, 2007 Page 106 of 142 E. Parcel 4 - The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. F. Parcel 5 - The South half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the east 30 feet thereof and less the southerly 145 feet for Vanderbilt Beach Road right-of-way. G. Parcel 6 - The North half of the Southwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. H. Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. I. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. J. Parcel 9 - The South half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP A. The subject property is owned by: 1. Parcels 1, 2, and 3A by William L. Hoover, President of Catalina Land Group, Inc., the manager of Wolf Creek Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. 2. Parcels 4 and 5 by Prime Homes at Portofino Limited, Attn.: Larry Mayer Abbo, 21218 SI. Andrews Boulevard, Suite 510, Boca Raton, Florida 33433. 3. Parcels 6, 7, and 8, by William L. Hoover, President of Catalina Land Group, Inc., the manager of Buckstone Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. Revised 4/25/07 4 Agenda Item I~o. 88 May 22. 2007 Page 107 of 142 4. Parcels 3B and 9 by Prime Homes at Portofino Falls, Ltd., 5555 Anglers Avenue #16B, Fort Lauderdale, Florida 33312. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road, approximately Y, mile west of Collier Boulevard (CR. 951), unincorporated Collier County, Florida. B. Parcel 9 currently has agricultural zoning and is proposed to be rezoned to RPUD. The remaining area (Parcels 1 - 8) are zoned PUD, Wolf Creek, approved by Collier County Ordinance No. 03-45 and are proposed to be rezoned to RPUD. An abandoned mobile home is located on Parcel 1, a newer modular home was erected on Parcel 2 but recently was relocated off-site, a mobile home was previously on Parcel 8 but has since been relocated off-site, a single-family home is on Parcel 10, and the remaining parcels are undeveloped. Parcels 1 and 8 have existing lakes on the properties. 1.5 PHYSICAL DESCRIPTION The project site is located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project will be to the northwest into the proposed Palermo Cove RPUD water management system and then to the west into the Island Walk stormwater management system and to the south along Vanderbilt Beach Road. In both cases, the stormwater outfall will enter the Island Walk stormwater management system. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on,site lake system prior to discharge as described above. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Revised 4/25/07 4 ,A.ganca item 1'10. 83 May :2. 2007 Page 108 of 142 Per Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum; #27 - Holopaw Fine Sand and #33 Urban Land - Holopaw - Basinger Complex. Site vegetation consists predominantly of pine f1atwoods, pine,cypress, cypress forest and woodland with a mix of different vegetation types. 1.6 PROJECT DESCRIPTION The Wolf Creek RPUD is a project comprised of a maximum of 671 residential units. Recreational facilities and other facilities and services will 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, quality screeninglbuffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Wolf Creek Residential Planned Unit Development Ordinance." SECTION" PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Wolf Creek RPUD shall be in accordance with the contents of this Document, RPUD - Residential Planned Unit Development, and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Wolf Creek RPUD shall become Revised 4/25/07 5 Agenda Item No. 88 May 22, 2007 Page 109 of 142 part of the regulations which govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD other provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Requirements, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan. There shall be numerous land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of subdivision plat or SOP approval, subject to the provisions of the LDC. C. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public) shall be established within or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 671 residential dwelling units shall be constructed in the residential areas of the project. The gross project area is 167.96:t acres. The gross project density shall be a maximum of 3.99 units per acre if all 671 dwelling units are approved and constructed. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, andlor condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, Collier County subdivision rules, and the platting laws of the State of Florida. Revised 4/25/07 6 Agenda Item No. 88 May 22, 2007 Page 110of142 B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval, a subdivision plat or SOP, as applicable, may be submitted for areas covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with the RPUD Master Plan and LDC. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the RPUD shall be 671. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single,family dwellings (includes zero-lot line and townhouses intended for fee simple conveyance). 2. Two-family dwellings and duplexes. 3. Multi-family dwellings. B. Permitted Accessorv Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. Revised 4/25107 7 Agenda Item No. 88 May 22. 2007 Page 111 of 142 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketballlshuffle board courts. 3. Temporary sales trailers and model units. 4. Gatehouse. 5. Essential services limited to utility facilities, such as electric transformers, pumps and lift stations. 6. Water management facilities. C. Interim Uses 1. The existing single-family home on parcel 10 shall be permitted for residential single-family land uses and customary accessory uses until construction is commenced on the parcel 10. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Wolf Creek RPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 3. Carports shall be permitted within parking areas and garages shall be permitted at the edge of vehicular pavements except garages shall be set back to provide 23 feet of driveway between the garage and sidewalk to prevent parked vehicles from overhanging the sidewalk. Revised 4/25/07 8 ,.6.genda Item No, 88 May 22. 2007 Page 112 of 142 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE,FAMlL Y SINGLE,F AMlL Y TWO,FAMlL Y AND MULTJ.FAMIL Y ATTACHED DUPLEX To\VNHOUSES Minimum Lot Area (per unit) 5,500 Sq. Ft. t ,800 Sq. Ft. 4,500 Sq. Ft. NA Minimum Lot \Vidth (1) 50' Interior Lots 18' Interior Lots 80' Interior Lot, (40') (2) NA 60' Corner Lots 25.5' Exterior Lots 100' Comer Lots (50') (2) NA Minimum Front Yard Setback (6) 23' (3) (4) 23' (3) (4) 23' (3) (4) t 5' (3) Minimum Side Yard Setback (5) (0) 1 Story 0' & 12' or both 6' NA 0' & 6' or both 6' 7.5' 2 St(1)' 0' & 15' or both 0' or 7.5' 0' & 7.5' or both 7.5' 10' 7.5' Minimum Rear 'Yard Setback (6) Principal Structure 20' t5' 20' 20' Accessory Structure to' 10' 10' 10' Minimum PUD Boundarv Setback Principal Structure NA NA NA 20' Accessory Structure NA NA NA to' Minimum Lake Setback (7) 20' 20' 20' 20' Minimum Preserve Area Setback Principal Structure Accessory Structure 25' 25' 25' 25' to' to' to' to' Minimum Distance Between Structures M ai fi':Principal/Accessory ],Story 12' NA 12' IS' 2-Stol)' ]5' 15' 15' 20' Maximum Hei!!ht Principal Building 35' and 2 stories 35' and 2 stories 35' and 2 stories 38' and 2 stories Accessory Building 25'/Ctubhouse 35' 25'/Clubhouse 35' 25'/Cluhhouse 35' 25'/Clubhouse 38' 1\linimum Floor Area t400 Sq. Ft. t 400 Sq. Ft. t 200 Sq. Ft. 1150 Sq. Ft. (l) May be reduced on cul,de,sac lots and lots along the inside and outside of curved streets by 25%. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2,family structure is on an individually platted lot. (3) Community tennis courts, basketball courts, and similar recreational facilities shall have a ] 5,foot minimum setback from all property boundaries of the recreational tractllot. (4) The front yard setback for side,loaded garages may he reduced to 18 feet, with the home remaining at 23 feet, where it can be demonstrated 2 vehicles can be adequately parked on douh]e,wide driveways without the vehicles overhanging onto the sidewalks loealed at the edge of the right,of,way. (5) Where fee simple lots are created for each dwelling unit, no side yard shall be required between interior units of a unified principal structure, and Ihe side yard shall be measured from exlerior wall of the unified principal structure. (6) In no instance shall there he an encroachment into a required landscape buffer. (7) Lake setbacks are measured from the control elevation established for the lake. B. Natural Habitat Preserve Area Requirements: Revised 4/25/07 9 Agenda Item No, 88 May 22. 2007 Page 113 of 142 1. A minimum of 32.32 acres of natural habitat areas shall be provided on-site, including both the under-story and the ground cover emphasizing the largest contiguous area possible, as described in the LDC. 2. All preserve areas shall be a minimum average of 50 feet in width and no less than 20 feet in width, pursuant to the LDC. C. Architectural Standards 1. All proposed lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified within any project that is developed. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the amenities within the project. Landscaping and streetscape materials shall also be similar in design along Pristine Drive and within any project that is developed.AII proposed roofs shall be finished in tile, metal, wood, or architecturally- designed shingles (such as Timberline). D. Siqns Signs shall be permitted as described within the LDC, except for signage described within Paragraph 3.4.H. E. Deviations 1. Deviation #1 seeks relief from LDC Section 5.06.02A.6.a that requires on-premises signs within residential districts to maintain a ten-foot setback from any property line unless placed on a fence or wall to allow a zero (0) foot setback from the property line shared with the Carolina Village Mixed Use PUD. This deviation will permit approximately half, of one double-faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek Residential PUD (labeled Pristine Drive on Exhibit "A") and the Carolina Village Mixed Use PUD and on the west side of the Carolina Village property line and to reduce the minimum 10-foot setback from the neighboring Carolina Village Mixed Use PUD to 0 feet with the advertising limited exclusively to no more than 3 residential developments within the Wolf Creek Residential PUD. The proposed sign shall meet all vehicular safety sight distance standards for Collier County and have a minimum 10- foot setback from the Vanderbilt Beach Road right-of-way, as described in Section 5.06.02A.6.a. of the LDC. The proposed sign shall be externally lighted. Revised 4/25/07 10 Aoenda item I~o, 88 " May 22, 2007 Page 114 of 142 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," RPUD Master Plan, as may be amended pursuant to this Document. Any approvals to remove native vegetation in the on-site Preserve Areas shall be conditional upon having a remaining minimum of 32.32 acres of native vegetation on-site. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following, subject to regional, state, and federal permits when required: A. Permitted Principal Uses and Structures: Revised 4/25/07 t ] Agenda !tern No. 88 May 22, 2007 Page 115 of 142 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with SOPs, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD, in effect at the time of final plat, final SOP approval or building permit application, as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project even if the land within the RPUD is not to be platted. The developer, its successor or assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee, is subject to the commitments within this Document. 5.3 PUD MASTER PLAN A. Exhibit "A," RPUD Master Plan, illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SOP approval. Subject to the provisions and applicable sections of the LDC and the GMP, in effect at that time, amendments may be made from time to time. Revised 4/25/07 12 Agenda Item No. 88 May 22, 2007 Page 116 of 142 B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 5.5 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) _ Surface Water Permit Application, permit modification, or waiver shall be sent to Collier County Development Services Staff with the improvement plans. B. A copy of the SFWMD Surface Water Permit, SFWMD right-of-way Permit, and SFWMD Discharge Permit shall be submitted to Collier County Development Services Staff prior to final approval of the improvement plans. C. An excavation permit shall be required for the proposed lakes in accordance with the applicable County ordinances and SFWMD Rules. All road impact fees shall be paid prior to removal of material from the site. D. As applicable, existing or proposed easements for Collier County storm water facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. 5.6 UTILITIES A. Water distribution, sewage collection and transmission and interim water andlor sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances, as amended, and other applicable County rules and regulations. B. The applicant shall reserve an area to be conveyed for a potable well easement on Parcel 6 at the time of plat or SDP approval, as applicable. The well easement shall not exceed a dimension of 40 feet by 40 feet. The Collier County Utilities Division will provide applicable technical support in agency permitting relative to lake siting or other relevant issues Revised 4/25/07 13 Agenda Item No. 88 May 22. 2007 Page 117 of 142 that may arise. The proposed well easement will not interfere with the location of project lakes or preserves. The applicant shall ensure that the well easement area has direct access onto Buckstone Drive in perpetuity. C. The applicant shall follow all current ordinances regarding utilities in effect at the time of SDP or plat approval. 5.7 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all development points of ingress and egress from any County collector or arterial roadway. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). C. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eiigible for impact fee credits. All required improvements shall be in piace and available to the public prior to the issuance of the first CO. D. Road Impact Fees shall be paid in accordance with applicable County D. ordinances and the LDC. E. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but are not limited to: safety, operational circulation, and roadway capacity. F. Interconnections shall be required by Collier County staff as a condition of SDP approval. G. The developer shall be responsible for its proportional share of the cost of a traffic signal system, or other traffic control device, sign, or pavement marking at any development entrance onto the County's collectorlarterial Revised 4/25/07 14 Agenda item No. 38 May 22. 2007 Page 118 of 142 roadway network, including both ends of the loop road, should a traffic signal be warranted. If warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of said traffic signal it shall be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Department. H. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan shall be considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended from time to time, and with the Collier County Long- Range Transportation Plan. I. When ingress and egress improvements are determined, as necessary, right-of-way and compensating right-of-way shall be provided for and in conjunction with said improvements. J. All work within the Collier County rights-of-way or public easements shall require a right-of-way permit. K. All internal access ways, drive aisles and roadways, not located within County right-of-way shall be privately maintained by an entity created by the developer, its successor in title, or assigns. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. L. The proposed loop road located around the Mission Hills development, that would provide access for the project onto Collier Boulevard, is conceptually shown on the RPUD Master Plan and shall be a public roadway. It shall be designed and constructed to a minimum 30 mile per hour design speed. The construction costs of the loop road shall not be eligible for impact fee credits, but the developer of the roadway may be able to privately negotiate "fair share" payments or reimbursements from neighboring property owners. M. No building permits shall be issued for any of the additional 80 units approved in the 20 acres that is being added to this PUD until such time as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and Livingston Road, and CR 951 between Golden Gate Boulevard and Immokalee Road are substantially complete. Rev,sed 4/25/07 i5 Agenda Item No. 88 May 22. 2007 Page 119 of 142 5.8 PLANNING A. 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. 5.9 ENVIRONMENTAL A. A minimum of 32.32 acres of native vegetation shall be preserved on-site, including all 3 strata, and emphasizing the largest contiguous area possible. The RPUD Master Plan identifies 30.8 acres. The remaining required preserve area of 1.52 acres shall be located adjacent to and contiguous with the identified preserve areas shown on the RPUD Master Plan. This remaining required preserve acreage shall be identified on the first SDP submitted after approval of this RPUD. B. Any development order approval having FLUCFCS 424 melaleuca areas within its preserve areas shall require supplemental plantings within such melaleuca areas. 5.10 PARKS AND RECREATION The developer shall provide a CPSC and ASTM certified commercial grade playground, designed for 2 to 12-year old children residing in that community or their invited guests. The playground shall be provided in a common area and shall be operational before the issuance of any CO for the permanent residential units. Revised 4/25/07 16 EXHIBIT ""A"" .!\genca Item !'O. 88 May 22. 2007 Page 120 of 142 WOLF CREEK RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD. A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY lAND DEVELOPMENT CODE PREPARED FOR: LARRY MAYER ABBO, V.P. PRIME HOMES, INC. 21218 ST. ANDREWS BLVD., #510 BOCA RATON, FLORIDA 33433 and WILLIAM L. HOOVER, PRES. of CATALINA LAND GROUP, INC., the MANAGER of WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC 3775 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 PREPARED BY: BANKS ENGINEERING 2515 NORTHBROOKE PLAZA DRIVE, SUITE 200 NAPLES, FLORIDA 34119 ROBERT PRITT ROETZEL & ANDRESS, L.P.A. 850 PARK SHORE BOULEVARD, 3RD FLOOR NAPLES, FLORIDA 34103 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, PA 4001 TAMIAMI TRAIL N., #300 NAPLES, FLORIDA 34103 DATE FILED March 23, 2005 DATE REVISED Julv 18. 2006 DATE REVISED April 24. 2007 DATE REVIEWED BY CCPC April 19. 2007 DATE APPROVED BY BCC ORDINANCE NUMBER 2003-45 AMENDMENTS AND REPEAL Revised 4J24/07 to reflect CCPC changes A08nda Item No. 88 " May 22. 2007 Page 121 of 142 TABLE OF CONTENTS TABLE OF CONTENTS PAGE ii LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 6 SECTION III RESIDENTIAL AREAS PLAN 9 SECTION IV PRESERVE AREAS PLAN 14 SECTION V DEVELOPMENT COMMITMENTS 15 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS 11 Revised 4/24/07 to reflect cepe changes ii Agenda Item No. 88 rv1ay 22, 2007 Page 122 of 142 LIST OF EXHIBITS AND TABLES EXHIBIT "A" RPUD MASTER PLAN EXHIBIT "B" RPUD CONCEPTUAL UTILlTYIWATER MANAGEMENT PLAN EXHIBIT "C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS Revised 4/24/07 to reffect cepe changes II] Agenda Item No. 88 May 22. 2007 Page 123 of 142 STATEMENT OF COMPLIANCE The development of approximately 167.96 acres of property in Collier County, Florida, as a Residential Planned Unit Development (RPUD) to be known as the Wolf Creek Residential PUD, will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The residential facilities of the Wolf Creek RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. 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 (FLUE). 2. The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. 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 FLUE. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project is located within the Urban Residential Subdistrict designation of the FLUE. The project density of 3.99 dwelling units per acre is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Densitv Maximum Permitted Density +4 +4 dwellinq units/acre dwelling unitslacre Maximum permitted units = 167.96 acres x 4 dwelling unitslacre = 671 units. Requested dwelling units = 671, which results in a requested density of 3.99 dwelling units/acre. 6. All final local development orders for this project shall be subject to the Adequate Public Facilities Requirements, of the LDC. Revised 4J24/07 to reflect CCPC changes Agenda item No. 88 May 22. 2007 Page 124 of 142 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Wolf Creek Residential RPUD. 1.2 LEGAL DESCRIPTION The subject property being 167.96:t acres, is comprised of 9 separate parcels that are located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. Parcel 1 - The South half of the Southwest quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet and the west 30 feet thereof. B. Parcel 2 - The South half of the Southeast quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of,way over and across the south 30 feet thereof. C. Parcel 3A - The North half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less Parcel 3B, subject to an easement for public road right,of- way over and across the north 30 feet and the east 30 feet thereof. D. Parcel 3B - A parcel of land located in the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: commence at south Y. corner of Section 34, Township 48, Range 26 East, Collier County, Florida; thence run north 02'13'26" west, along the east line of the southwest Y. of said Section 34, for a distance of 2005.53 feet to the southeast corner of the north Y, of the northeast Y. of the southwest Y. of said Section 34 and the Point of Beginning of the parcel of land herein described: thence run north 89'51'58" west, along the south line of the north Y, of the northeast Y. of the southwest Y. of said Section 34, for a distance of 1245.00 feet; thence run north 02'13'26" west, parallel with the east line of the southwest Y. of said Section 34, for a distance of 420.21 feet; thence run south 89'51'58" east, parallel with the south line of the north Y, of the northeast Y. of the southwest Y. of said Section 34, for a distance of 1245.00 feet; thence run Revised 4/24J07 to reflect CCPC changes 2 Agenda Item No. 88 May 22. 2007 Page 125 of 142 south 02013'26" east, along the east line of the southwest Y. of said Section 34, for a distance of 420.21 feet to the Point of Beginning. E. Parcel 4 - The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. F. Parcel 5 - The South half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the east 30 feet thereof and less the southerly 145 feet for Vanderbilt Beach Road right-of-way. G. Parcel 6 - The North half of the Southwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. H. Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. I. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. J. Parcel 9 - The South half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP A. The subject property is owned by: 1. Parcels 1, 2, and 3A by William L. Hoover, President of Catalina Land Group, Inc., the manager of Wolf Creek Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. 2. Parcels 4 and 5 by Prime Homes at Portofino Limited, Attn.: Larry Mayer Abbo, 21218 SI. Andrews Boulevard, Suite 510, Boca Raton, Florida 33433. 3. Parcels 6, 7, and 8, by William L. Hoover, President of Catalina Land Group, Inc., the manager of Buckstone Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. Revised 4/24/07 to reflect CCPC changes 3 Agenda item No. 88 May 22. 2007 F'a;Je 126 of 142 4. Parcels 3B and 9 by Prime Homes at Portofino Falls, Ltd., 5555 Anglers Avenue #16B, Fort Lauderdale, Florida 33312. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road, approximately Y, mile west of Collier Boulevard (CR. 951), unincorporated Collier County, Florida. B. Parcel 9 currently has agricultural zoning and is proposed to be rezoned to RPUD. The remaining area (Parcels 1 - 8) are zoned PUD, Wolf Creek, approved by Collier County Ordinance No. 03-45 and are proposed to be rezoned to RPUD. An abandoned mobile home is located on Parcel 1, a newer modular home was erected on Parcel 2 but recently was relocated off-site, a mobile home was previously on Parcel 8 but has since been relocated off-site, a single-family home is on Parcel 10, and the remaining parcels are undeveloped. Parcels 1 and 8 have existing lakes on the properties. 1.5 PHYSICAL DESCRIPTION The project site is located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project will be to the northwest into the proposed Palermo Cove RPUD water management system and then to the west into the Island Walk stormwater management system and to the south along Vanderbilt Beach Road. In both cases, the stormwater outfall will enter the Island Walk stormwater management system. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge as described above. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Revised 4/24/07 to reflect CCPC changes 4 Agenda Item No. 88 May 22, 2007 Page 127 of 142 Per Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum; #27 - Holopaw Fine Sand and #33 Urban Land - Holopaw - Basinger Complex. Site vegetation consists predominantly of pine flatwoods, pine-cypress, cypress forest and woodland with a mix of different vegetation types. 1.6 PROJECT DESCRIPTION The Wolf Creek RPUD is a project comprised of a maximum of 671 residential units. Recreational facilities and other facilities and services will 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, quality screeninglbuffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Wolf Creek Residential Planned Unit Development Ordinance." Revised 4/24/07 to reflect CCPC changes 5 Agenda Hem No. 88 ~~ay 22. 2007 Page 128 of 142 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Wolf Creek RPUD shall be in accordance with the contents of this Document, RPUD - Residential Planned Unit Development, and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Wolf Creek RPUD shall become part of the regulations which govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD other provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Requirements, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan. There shall be numerous land use tracts, plus necessary water management lakes, street rights,of-way, the general configuration of which is also illustrated by Exhibit "A". B. Areas illustrated as lakes by Exhibit "Au shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent Revised 4/24J07 to reflect CCPC changes 6 Agenda Item No. 88 May 22, 2007 Page 129 of 142 wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of subdivision plat or SDP approval, subject to the provisions of the LDC. C. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public) shall be established within or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 671 residential dwelling units shall be constructed in the residential areas of the project. The gross project area is 167.96:t acres. The gross project density shall be a maximum of 3.99 units per acre if all 671 dwelling units are approved and constructed. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, andlor condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, Collier County subdivision rules, and the platting laws of the State of Florida. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval, a subdivision plat or SDP, as applicable, may be submitted for areas covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with the RPUD Master Plan and LDC. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. Revised 4J24J07 to reflect CCPC changes 7 Aoenda Item r,o. 88 - May 22. 2007 Page 130 of 142 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the RPUD shall be 671. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line and townhouses intended for fee simple conveyance). 2. Two-family dwellings and duplexes. 3. Multi-family dwellings. B. Permitted Accessorv Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketballlshuffle board courts. 3. Temporary sales trailers and model units. 4. Gatehouse. 5. Essential services limited to utility facilities, such as electric transformers, pumps and lift stations. 6. Water management facilities. Revised 4/24/07 to reflect cepe changes 8 Agenda Item No. 88 May 22, 2007 Page 131 01142 C. Interim Uses 1. The existing single-family home on parcel 10 shall be permitted for residential single-family land uses and customary accessory uses until construction is commenced on the parcel 1 O. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Wolf Creek RPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 3. Carports shall be permitted within parking areas and garages shall be permitted at the edge of vehicular pavements except garages shall be set back to provide 23 feet of driveway between the garage and sidewalk to prevent parked vehicles from overhanging the sidewalk. Revised 4/24J07 to reflect CCPC changes 9 Aaenda Item I~o. 88 ~ f\'iay 22, 2807 P3J8 132 of 142 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE-FAMIL Y SINGl.E,F AMIL Y TWO,F AMIL Y AJ\'D MULTI,FAMILY ATTACHED DUPLEX TOWNHOUSES Minimum Lot Area (per unit) 5,500 Sq. Ft. t ,ROO Sq. Ft. 4,500 Sq. Ft. NA Minimum Lot Width (t) 50' Interior Lots ] 8' Interior Lots gO' Interior Lots (40') (2) NA 60' C orner Lots 25.5' Exterior Lots 100' Comer Lots (50') (2) NA Minimum Front Yard Sethack (6) 23' (3) (4) 23' (3) (4) 23' (3) (4) t5' (3) Minimum Side Yard Sethack (5) (6) 1 Stor~y 0' & t2' or hath 6' NA 0' & 6' or both 6' 7.5' 2 Story 0' & 15' or both 0' or 7.5' 0' & 7.5' or both 7.5' ]0' 7.5' Minimum Rear Yard Setback (6) Principal Structure 20' t 5' 20' 20' Accessory Structure to' la' la' to' Minimum PUD Boundarv Setback Principal Structure NA NA NA 20' Accessory Structure NA NA NA ]0' Minimum Lake Setback (7) 20' 20' 20' 20' Minimum Preserve :\rea Setback Principal Structure Accessory Structure 25' 25' 25' 25' 10' 10' to' la' Minimum Distance 13et\l1'eeo Structures Main 'Prine ipa},./Accessory I,StOlY 12' NA 12' t 5' 2-Story 15' 15' t5' 20' Maximum Hei!.!ht Principal Building 35' and 2 stories 35' and .2 stories 35' and 2 stOJies 38' and .2 stories Accessory Building 2.5'iClubhouse 35' 25'/Cluhhouse 35' 25''/Clubhouse 35' 25'/Ctubhouse 3g' Minimum Floor Area t400Sq.Ft. 1400 Sq. Ft. t 200 Sq. Ft. t t50 Sq. Ft. (I) May be reduced on cu],de,sac lots and lots along tbe inside and outside of eurved streets by 25"/',. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) Community tennis courts, basketball courts, and similar recreational facilities shall Iiave a ] 5,1'00t minimum setback from all prope11y boundaries of the recreational tractllot. (4) Tlie front yard setback for sidc,loaded garages may be reduced to 18 feet, with the home remaining at 23 feet, where it can be demonstrated 2 vehicles can be adequately parked on double, wide driveways without the vehicles overhanging onto the sidewalks located at the edge of the right-of-\vay. (5) Where fee simple lots are created for each dwelling unit, no side yard shall be required between interior units of a unified principal structure, and the side yard shall be measured from exterior wall of the unified principal structure. (6) In no instance shall there be an encroachment into a required landscape bulTer. (7) Lake setbacks arc measured from the control elevation established for the lake. Revised 4J24/07 to reflect CCPC changes 10 Agenda Item No. 8B May 22. 2007 Page 133 of 142 B. Natural Habitat Preserve Area Reauirements: 1. A minimum of 32.32 acres of natural habitat areas shall be provided on-site, including both the under-story and the ground cover emphasizing the largest contiguous area possible, as described in the LDC. 2. All preserve areas shall be a minimum average of 50 feet in width and no less than 20 feet in width, pursuant to the LDC. C. Architectural Standards 1. All proposed lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified within any project that is developed. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the amenities within the project. Landscaping and streetscape materials shall also be similar in design along Pristine Drive and within any project that is developed. All proposed roofs shall be finished in tile, metal, wood, or architecturally-designed shingles (such as Timberline). D. Sians Signs shall be permitted as described within the LDC, except for signage described within Paragraph 3.4.H. E. Deviations 1. Deviation #1 seeks relief from LDC Section 5.06.02A.6.a that requires on-premises signs within residential districts to maintain a ten-foot setback from any property line unless placed on a fence or wall to allow a zero (0) foot setback from the property line shared with the Carolina Village Mixed Use PUD. This deviation will permit approximately half, of one double-faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek Residential PUD (labeled Pristine Drive on Exhibit "A") and the Carolina Village Mixed Use PUD and on the west side of the Carolina Village property line and to reduce the minimum 10-foot setback from the neighboring Carolina Village Mixed Use PUD to 0 feet with the advertising limited exclusively to no more than 3 residential developments within the Wolf Creek Residential PUD. The proposed sign shall meet all vehicular safety Revised 4/24/07 to reflect CCPC changes I t Agenda Item No. 83 May 22. 2007 Page 134 of 142 sight distance standards for Collier County and have a minimum 10- foot setback from the Vanderbilt Beach Road right-of-way, as described in Section 5.06.02A.6.a. of the LDC. The proposed sign shall be externally lighted. Revised 4/24/07 to reflect cepe changes ] 2 Agenda Item No. 88 May 22, 2007 Page 135 of 142 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," RPUD Master Plan, as may be amended pursuant to this Document. Any approvals to remove native vegetation in the on-site Preserve Areas shall be conditional upon having a remaining minimum of 32.32 acres of native vegetation on-site. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following, subject to regional, state, and federal permits when required: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Revised 4J24J07 to reflect CCPC changes J 3 ;:..genda Item r~o. 8B [,,1ay 22, 2007 Page 136 of 142 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with SDPs, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD, in effect at the time of final plat, final SDP approval or building permit application, as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project even if the land within the RPUD is not to be platted. The developer, its successor or assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee, is subject to the commitments within this Document. 5.3 PUD MASTER PLAN A. Exhibit "A," RPUD Master Plan, illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SDP approval. Subject to the provisions and applicable sections of the LDC and the GMP, in effect at that time, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Revised 4J24J07 to reflect CCPC changes 14 Agenda Item No. 88 May 22, 2007 Page 137 of 142 5.5 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) _ Surface Water Permit Application, permit modification, or waiver shall be sent to Collier County Development Services Staff with the improvement plans. B. A copy of the SFWMD Surface Water Permit, SFWMD right-of-way Permit, and SFWMD Discharge Permit shall be submitted to Collier County Development Services Staff prior to final approval of the improvement plans. C. An excavation permit shall be required for the proposed lakes in accordance with the applicable County ordinances and SFWMD Rules. All road impact fees shall be paid prior to removal of material from the site. D. As applicable, existing or proposed easements for Collier County stormwater facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. 5.6 UTILITIES A. Water distribution, sewage collection and transmission and interim water andlor sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances, as amended, and other applicable County rules and regulations. B. The applicant shall reserve an area to be conveyed for a potable well easement on Parcel 6 at the time of plat or SOP approval, as applicable. The well easement shall not exceed a dimension of 40 feet by 40 feet. The Collier County Utilities Division will provide applicable technical support in agency permitting relative to lake siting or other relevant issues that may arise. The proposed well easement will not interfere with the location of project lakes or preserves. The applicant shall ensure that the well easement area has direct access onto Buckstone Drive in perpetuity. C. The applicant shall follow all current ordinances regarding utilities in effect at the time of SOP or plat approval. Revised 4/24/07 to reflect CCPC changes 15 l~..gencJa item ~~o. ,SB May 22. 2007 Page 138 of 142 5.7 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all development points of ingress and egress from any County collector or arterial roadway. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). C. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road Impact Fees shall be paid in accordance with applicable County ordinances and the LDC. E. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but are not limited to: safety, operational circulation, and roadway capacity. F. Interconnections shall be required by Collier County staff as a condition of SDP approval. G. The developer shall be responsible for its proportional share of the cost of a traffic signal system, or other traffic control device, sign, or pavement marking at any development entrance onto the County's collectorlarterial roadway network, including both ends of the loop road, should a traffic signal be warranted. If warranted, upon the completion of the installation, inspection, burn,in period, and final approvallacceptance of said traffic signal it shall be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Department. Revised 4/24/07 to reflect CCPC changes 16 Agenda Item I~o. 88 May 22. 2007 Page 139 of 142 H. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan shall be considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended from time to time, and with the Collier County Long- Range Transportation Plan. I. When ingress and egress improvements are determined, as necessary, right-of-way and compensating right-of-way shall be provided for and in conjunction with said improvements. J. All work within the Collier County rights-of-way or public easements shall require a right-of-way permit. K. All internal access ways, drive aisles and roadways, not located within County right-of-way shall be privately maintained by an entity created by the developer, its successor in title, or assigns. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. L. The proposed loop road located around the Mission Hills development, that would provide access for the project onto Collier Boulevard, is conceptually shown on the RPUD Master Plan and shall be a public roadway. It shall be designed and constructed to a minimum 30 mile per hour design speed. The construction costs of the loop road shall not be eligible for impact fee credits, but the developer of the roadway may be able to privately negotiate "fair share" payments or reimbursements from neighboring property owners. M. No building permits shall be issued for any of the additional 80 units approved in the 20 acres that is being added to this PUD until such time as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and Livingston Road, and CR 951 between Golden Gate Boulevard and Immokalee Road are substantially complete. 5.8 PLANNING A. 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. Revised 4J24J07 to reflect CCPC changes ] 7 l\genda :tern No. 88 May 22. 2007 Page 140 of 142 5.9 ENVIRONMENTAL A. A minimum of 32.32 acres of native vegetation shall be preserved on-site, including all 3 strata, and emphasizing the largest contiguous area possible. The RPUD Master Plan identifies 30.8 acres. The remaining required preserve area of 1.52 acres shall be located adjacent to and contiguous with the identified preserve areas shown on the RPUD Master Plan. This remaining required preserve acreage shall be identified on the first SDP submitted after approval of this RPUD. B. Any development order approval having FLUCFCS 424 melaleuca areas within its preserve areas shall require supplemental plantings within such melaleuca areas. 5.10 PARKS AND RECREATION The developer shall provide a CPSC and ASTM certified commercial grade playground, designed for 2 to 12-year old children residing in that community or their invited guests. The playground shall be provided in a common area and shall be operational before the issuance of any CO for the permanent residential units. Revised 4/24J07 to reflect CCPC changes 18 OJr"-N co8:! .'- '"\I 4- .0 "~ '-".q- ID~"- ~~ ~ cu'"'- CO 2' D- ID OJ <( J :'kd ~1r'1 ~[i;; i!lii i~U~ st~il 811d~ h.h! " t ! :! I "I! ."1" II !i I III I,! 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'I \" Ill,,: I. 1]1, ''\Th'''', Ii' I 11- I t I I 'r I ~"" " 1 --'--~- II I ~I ", IIJ \ ,-",J, "/' III, III ~$~ --' ~t.1 I' ., 1__,1 III (, ,I"~ - ; !I:' I~ II I' I,.I,! i 1'11,1 'I i I -I II/ , I ~[~f~ f~ld ~aid fer luJi ill>~~1 hJ!i -- ~- - --- --- -- I~ " < I ,- "1- Iii' I !llll II ;'~ , IclJl, . 11'-- '11!llIl; ) 111,,1 :1 .' ,~ I \~ ~' J I: ill !l ' I ~~E III '~8 'I ' * & I . -- ~:~ I II ;~/' I. \ !\~\\~ \. I "-~;.'...~,'-'''' I.UM::"~=- I II ! I! rl i , -Ii . , I ! I ! II! !_ i! 1111 illl l' I ! , !, \ - I' , """:;.....--:'.. ~ 11 ~ ' H ,. .... H ~5 i- U~'f 'wi illl: il :- " ,. 'I , , , ~, ~; I J'" i '!d ..~~,&!! .~~-~ i1'i';' l ~.~~ Jlil!:!' Ii'! lae,' .,Ii ! I, . I ' .1 ,I II I II! , I. il II 'II iU I!, I" I I ~ , I ,I, i HI :j ~lm ..1IIlIlWar.x:ltclMUJ........WlII'tUCVUiM-m-L~.~)S;I()~lIISIl8rBJllIl-\IIIlll'jllM.'1 Agenda !Iem No. Be May 22, 2007 Pc:ge 1 of 84 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners (Board) to consider adoption of an Ordinance establishing the Falls of Portofino Community Development District (CDD) pursuant to Section ] 90.005, Florida Statutes. This item is a companion to item RZ-2005- AR-7422 Wolf Creek PUD OBJECTIVE: The objective of this public hearing is for the Board to review and consider a petition for the establishment of the Falls of Portofino Community Development District (CDD) by adoption of an ordinance. BACKGROUND: This is a companion item to Item 8B, RZ,2005,AR,7422 Wolf Creek PUD rezone petition. This matter first came bcfore the Board on October 24, 2006, when it was continued due to a pending rczone of 20r acres which were to be included in the proposed CDD. At that time, the Board directed that this item come back before it as a companion item to the rezone petition. CONSIDERATIONS: On December 13, 2005, Prime Homes at Portofino Falls, LTD, a Florida Limited Partnership (Petitioner), hereby filed a petition for the establishment of the Falls of Portofino Community Development District. A mandatory $15,000 application fee was submitted with the petition. The proposed District is located entirely within Collier County, Florida. The site is located on the north side of Vanderbilt Beach Road, between Collier Blvd. and Logan Blvd., in Section 34, Township 48 South, Range 26 East. A map showing the location of the land area to be serviced by the District, as well as a metes and hounds description of the proposed CDD, appears as Exhibits 1 & 2 to the petition. The landowners' consent to the establishment of the proposed COD appears as Exhihit 3 of the petition. The COD is comprised of approximately 68.39r acres (including the 20r acre pending rezone). A total of 490 residential units are proposed to be constructed within the District. If approved, this would be the smallest CDD in Collier County. To date, the smallest approved Community Development District in Collier County is Pine Air Lakes CDD, consisting of 149.90r acres. By adopting the ordinance and granting the Petition, the Board of County Commissioners would authorize the District, through its Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners and residents of the Falls of Portofino Development. This infrastructure, under Section 190.0] 2( 1), Florida Statutes, includes basic urban systems, facilities and services, including water supply, sewers and wastewater management, surface water control and management (drainage), roads, hridges and street lights. If the ordinance is adopted, the CDD may later petition the Board for additional powers pursuant to Section 190.012(2), Florida Statutes. These powers may include the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as security, Aoenda Item No. 8e ~ f..,1ay 22,2007 Page 2 of 84 including, but not limited to, guard, houses, fences and gates, clectronic intrusion-detection systems, and patrol cars, with ccrtain cxceptions. The District Board ofSupcrvisors is initially elected for the first six years of the duration of this District in a property-based election (one, acre, one,vote), which has been specifically ruled constitutional (State of Florida v. Frontier Acres Communitv Dcvelopment Dist., 472 So. 2d 455 (Fla. 1985)). By opcration oflaw, in time, the Supervisors are elected on a one,person, one-vote basis. In order to provide the basic systems, facilities and services, the District has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in govemment, disclosure, conflict of interest requirements, noticed meetings, government-in,the,sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants' competitive negotiation procedurcs, competitive bidding procedures and othcrs. The adoption of the CDD ordinance does not constitute a fOlm of development approval. Adoption of the CDD and compliance with these many procedural requirements does not, in any way, allow the District to manage and finance any of these services and facilities without showing that all legitimate policies, constraints, authorities, controls, pennits or conditions on the development of the land, whether local, regional, state or federal in nature, and whether in the form of policies, laws, rules, regulations or ordinances, have been complied with concerning development of the propeliy. In essence, adoption of the CDD ordinance does not exempt the petitioner from compliance with any applicable local, regional, state or federal permitting or regulatory processes. In this sense, the Community Development District is merely a mechanism to assure the County and the landowners of the distIict that the provision of infrastructure and services for the PUD is managed and financed in an efficient and economical way. Finally, in order to prevent potential abuses of districts by landowners or by other local governments, the Legislature has provided that the chmier of the District, in the general statute itself, may be amended only by the Legislature. In order to provide these systems, facilities and services, the District also is given certain eminent domain powers within tight constraints as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long-term maintenance and repair. Without the County's consent, by resolution, the aforementioned eminent domain power is limited to the boundmies of the District. The District may also issue revenue and other user bonds as well as general obligation bonds. However, no general obligation bonds can be issued without a referendum and without showing that the bond will not exceed 35 percent of the assessed valuation of the propeliy within the District. Even with these safeguards and constraints, during the first six years of the District's existence, the Board of Supervisors shall not issue general obligation bonds unless the Board fIrst holds elections on a one'person, one, vote basis for a new Board of Supervisors. Accordingly, if Collier County adopts the ordinance, thcn it establishes the Falls of Porto fino Community Development District as a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision without burdening the existing taxpayers and financial structure of Collier 2 Agenda irern rJo. Be fv1av 22. 2007 Page :3 of 84 County. In addition, the Distlict is also a financing tool on the balance sheet of the County and the developer. It will provide long, range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. Finally, such a District may not outlive its practical utility and usefulness. If it ceases to function, it will automatically be disbanded by state law. If at any time during its existence Collier County dctcl111incs by a non-cmergency ordinance that it can provide anyone of the district services in a more economical manner, over the long tenn, at lower cost but with higher quality, Collier County may then take that service away from the District and provide the service itsclf. Section 190.005, Florida Statutes provides that the exclusive and unifonn method for establishment of a COD of less than 1,000 acres shall be by County ordinance. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six factors for the Board of County Commissioners to consider in detel111ining whether to grant or deny a petition for the establishment of a COD as follows: I. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the District is inconsistent with any applicable element or portion of the state comprehensive plan or of the effcctive local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the District is the best alternative available for delivering community development services and facilities to the area that will be served by the District. 5. Whethcr the community development services and facilities of the DistIict will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the District is amenable to separate special, district government. County planning, transportation and public works staffs have reviewed the petition and exhibits submitted by the petitioners (attached) relative to these six factors and have found the proposed Falls of Portofino COD petition to be compliant with each of the six review factors. Staff analysis relative to the six factors can be found in Attachment 2. FISCAL IMPACT: There is no Fiscal Impact to the County. Howevcr, it is should be noted that the estimated intcmal inil"astructure and services to be financed by the COD is $7,750,000, consisting of roadway and utilities construction, water management, landscaping, lighting, signage, environmental mitigation and contingency costs. Utilities will eventually be tumed over to Collier County. 3 !-'-oq~n(1a Item No. se - r'Aay 22,2007 Page 4 o:Jf 84 DISTRICT RESPONSIBILITIES: According to the petition, if the ordinance is adopted, the Falls of Portofino Connnunity Development District will assume responsibility for the following: (1) General development of the approved uses within the District (2) Roadways (3) Street Lights, landscaping and signage (4) Stormwater Management (5) Water & Sewer Utilities (6) Environmental Mitigation and (7) Other matters related to the above tasks GROWTH MANAGEMENT IMPACT: The 68.39:t acres of the Falls of Portofino CDD are designated Urban - Mixed Use District, Urban Residential Subdistrict, on the Collier County Future Land Use Map. Although the establishment of this District does not constitute any development approval, the plan of development previously approved for the subject property has been deternlined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development pernlits will be subsequently reviewed at the time of submittal, and will be subject to the requiremcnts and limitations specificd in thc Collier County Land Development Code (LDC), and will be required to be consistent with the GMP in effect at that time. LEGAL CONSIDER<\. TJONS: If adopted by the Board of County Commissioners, the subject Ordinance would establish a Community Developmcnt District (CDD) and a District Board of Supervisors. The purpose of establishing a CDD, as per Chapter 190, Florida Statutcs, is to establish an indepcndent special district as an alternative method to manage and finance basic serviccs for community development. The primary purpose of a CDD is to provide a long,tell11 financing mechanism for the subject development through assessments, ad valorem taxation, and issuance of bonds. The Executive Summary and proposed Ordinance authorized by Section 19(1.O05(2), Florida Statutes, has been reviewed by the County Attorney's Office - JAK. RECOMMENDA TION: Irrespective on the Board's detelmination of the companion Wolf Creek PUD rezone petition, Staff recommends that the Board of County Commissioners adopt and enact the proposed ordinance establishing the Falls of Portofino Community Development District. PREPARED BY: Marcia R. Kendall, Senior Planner, Comprehcnsive Planning Department 4 Item Number: ltemSummary; Meeting Dale: Page I of ] .',,'X; COLLIER COl:NTY BOARD Of COUNTY COMMISSIONErs ,~c ih!Sllcrnre11.1 esU"cllilll pcnnp.:.ntsoF'swornw <JmJexpmletj;SCI0Surpt;cprovi Ciedby Commission rne'Tlber~ r\eco'mnend~H1on to ClH1SlliH adoption ut <In C>rTiilnrlC,-' establishing l'le F ,,11001 F'orwHo C()lllm~nit,. Or;'1f'i'ir>mern r~lstrlcr (CuD) plrrsu3nt lG r;ecticw ,SiC OJ5 >'IC!i'lli" :)t8'JJt0~ rhis Ilern I' iJ ;;;lrnp,J11lOn 10 'j:,'rTI F~' 2GijE-,i<~_74" 'A'oi' c.rc,';,r. ':C'"JD .':.- ;:209,;, OC 00/,'0 Planner Date Prepared By Marcia Kendall Community Dcveloprnen:& Environmental Services COmprPlwnsivePlannrng 51112007313,33 PM Approved By RandaIIJ,:ohen ComlnUflrty Development & EnvironnwntaiServices COlmnu'nty Plaflning and Rede\'eIIJpmentMan.19"r DJle ComprehOfl~ivo Plann"'9 51'2/2007 S,1I3AM ExecuiivHSecmtary Dilte Appro\'ed By Marlen" Stewart Community Development 8.. Commu>lity (jeveloflment &. Env;ronmentaIServlcestl,dmln. 51412007 !U3 I\M Envi,-onmentJIServices Appro\'edBy Judy Puig OuerNi(Jn>;AnJlyst Co,nmun;ty Development & Conlmunity DevHiopm"'nl 8.- Environment,~1 Services EnvitonmL'ntz,1 SQrvil"~s Admin Date 5141'2007858AM Appro\'ed By 1\%I,;Un:Countytlttornoy Date Jeff K1Jtzkow COlllltyt.ttorncy COllntyA\tor"",' (')ffice 5t.:1200711:0<l.AM Approved By jo!>ephKSchmilt Com'nunrl\' DOVUlopm",nt& Environmental S<!rvi~e& Aanlinstrator Date Commctnit,' C)uV[,;opmen, So Conm,u'1tly Deveiopm<,nt So Erl\lironmental Servic,,~, Admin 514:2JJ071:17PM EnVlronmontal Services DM" Approved By or'.1B CoordillJtor County M;mdge,'s Offic(> ...d'1)jnis:rative 1\5~JStdnl Clffic<col r.1"na!w,m:l1t" BtH!r""t 5:'7120071 ::2 F'r~ '3uctgctMHllyst DC'te Approved B)' MJrklsacbon CIJlm:y MdnJgor's Office (lfrlCCufl-'::an3gmnellt & Buu!,et 5:'4'21)0: B.25AM [J<:lle Apllrov('u By .Idln~" V, MIJ(id 8-':>ilFoofCuunty CommisslonefS ;-,olmty Manuger County M;l!1ag,"r'~ Off";e 51101200T41ZPM ,Agenja itern r'~o. BS Iv'lay 22, 2fJ07 Page >3 at 84 BEFORE THE COUNTY COMMISSION OF COLLIER COUNTY, FLORIDA INRE: AN ORDINANCE TO ESTABLISH THE FALLS OF PORTOFINO COMMUKITY DEVELOPMENT DISTRICT PETITION PRIME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership ("Petitioner"), hereby submits this Petition to the Board of County Commissioners of Collier County, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, to establish a Community Development District with respect to the land described herein. In support of this Petition, Petitioner states as follows: 1. Location and Size. The proposed District is located on the north side of Vanderbilt Beach Road (C.R. 862) in unincorporated Collier County, Florida, and contains approximately 68.39 acres. Exhibit 1 depicts the general location of the project. The metes and bounds description ofthe external boundaries of the District is set forth in Exhibit 2. 2. Landowner Consent. Attached hereto as Exhibit 3 and made a part hereof is the written consent of the ovmer of 100% of the real property to be included within the District. 3. Name. The proposed name of the District to be established is Falls of Portofino Community Development District (the "District"). 4. Initial Board Members. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: Name: Linda Socolow Address: 21218 S1. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 (00002843 DOCv l} '---Agenda it-em'Noo 00,. May 22. 2007 Page 7 of 84 Name: Loraine Vanella Address: 21218 S1. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 Name: John Nelson Address: 21218 81. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 Name: Joanna Fish Address: 21218 S1. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 Name: Laura Cadiz Address: 21218 81. Andrews Blvd, Suite 510 Boca Raton, Florida .33432 All of the above listed persons are residents of the State of Florida and citizens of the United States of America, 5, Existing_Land Us~, The existing land uses within and abutting the proposed District are depicted in Exhibit 4. The adjacent properiy to the west is zoned PUD and consists of Residential. The adjacent property to the east is zoned PUD and consists of Residential I Commercial. The adjacent property to the north is zoned PUD and consists of Residential. The lands within the proposed District are zoned PUD on the Future Land Use Plan Map. 6, Future Land Uses, The future general distribution, location and extent of the public and private land uses proposed witllln the District are shown on Exhibit 5. These proposed land uses are consistent with the state comprehensive plan and Collier County Comprehensive Plan, The proposed development of the lands within the District, as approved by Collier County Ordinance No. 2003-45 (the "Wolf Creek PUD Ordinance") contemplates the construction of approximately 591 residential units on W0002843 DOCv I 11128/2005 08:5, AM) 2 i\gen:a item No. Be May 22. 2007 Page 8Jf 84 147.69 acres. The land within the District will consist of approximately 49 acres already included within the Wolf Creek PUD and approximately 20 acres of contiguous land currently being rezoned to POD and included within the District. A total number of 490 residential units will be constructed within the District. Exhibit 6 shows the proposed development plan for the lands within the District. 7. Maior Water and Wastewater Facilities. Exhibit 7 shows the existing major trunk water mains and sewer connections serving the lands within the District. Exhibit 7 also depicts the major outfall canals and drainage system for the lands within the proposed District. 8. District Facilities and Services. The Petitioner presently intends for the District to participate in the funding and construction of the following described improvements: (a) Stormwater management; (b) Water distribution; (c) Wastewater collection; and (d) Rights-of-way and open space improvements, Exhibit 8 describes the type of services and facilities Petitioner presently expects the District to fund, construct and install. The estimated costs of construction are also set forth in Exhibit 8. The proposed timetable for construction is shown in Exhibit 9. These are good faith estimates but are subject to change. Actual construction timetables and expenditures will likely vary, due in part to the effects of future changes in economic conditions upon costs such as labor, services, materials, interest rates and market conditions. 9. Statement of Estimated Regulatorv Costs. Exhibit 10 is a Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 10. Petitioner and Authorized Agent. The Petitioner is PRlME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership, whose address is clo Prime Homebuilders, 5555 Anglers Avenue #163, Fort Lauderdale, Florida 33312. Copies of (00002843 DOC v I ) 3 Agenda item No. Be May 22, 2007 Page 9 of 84 all correspondence and official notices should also be sent to the authorized agent for the Petitioner: Dennis E. Lyles, Esq. Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A. 888 S.E. 3,d Avenue, Suite 301 Fort Lauderdale, Florida 33316 Phone: 954-764-7150 I Fax: 954-764-7279 Email: dlyles@bchlm.com 11. This Petition to establish the Falls of Portofino Community Development District should be granted for the following reasons: a. Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with any applicable element or portion of the state comprehensive plan or the effective local government comprehensive plan. b. The area of land within the proposed District is part of a unified plan of development that has been or will be approved by Collier County. It is of a sufficient size and is sufficiently compact and contiguous to be developed as one functional and interrelated community. c. The proposed District will be the best alternative available for delivering community development services and facilities to the area to be served without fmancially impacting persons residing outside the District. Establishment of the District in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources, d. The community development services and facilities of the District will be compatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District services and facilities in the future. e. The area to be served by the propose District is amenable to separate special-district government. (00002843.DOCvl) 4 r<jsnda item f\lo Be I,~ay 22, 2007 Page 10 of 84 WHEREFORE, Petitioner respectfully requests the Board of County Commissioners of Collier County, Florida to: a. Hold a public hearing to consider the establishment of the Falls of Portofino Community Development District in accordance with the requirements of Section 190.005(2)(b), Florida Statutes; and h. Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the Falls of Portofino Community Development District. SUBMITTED this A. day of D-i!dN;A<f',2005. PRlME HOMES AT PORTOFTNO FALLS, L TD, a Florida Limited Partnership By: lts General Partner By: :00002843 DOC v 1) 5 SUBJECT PARCEL SITE LOCATION MAP o > .J CD no: w CD w ~ GOLDEN GATE BLVD Agenda item No. 8e " ,..,..., '-'nr.-' .........1' _....,- Page 11 of 84 OIL WELL RD. 1M + N.T S. ci > ..J CD a f- a Vi w o f- a Vi w o ci > ..J CD ~ Z a Vl -J 0:: CD W f- f- no: '" no: [L w '" PRI TINE ORIVE I MOKALEE RD. ':1 '" 846 f- SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ORANGE,RE FALLS OF PORTOFINO C.D.D. PROJECT LOCATION MAP .J f- ~ WOLF RO ROAD o u X w 2 LL o LL -.J =::J C') o > ..J STEWART BLVD. CD VA DERBILT BEACH :;;: ci 0 0:: no: PINE '-' z ::; ..J RD. o :'i GREEN en BLVD WHITE BLVD ~ Vl f-' Vl E 0> ..., INTERSTATE 75 ALL! GA TOR ALLEY u:; m ci > ..J CD Vl W o '" ..J '-' 0:: w > w \.. no: u SABAL PALM RD. " , " " .\ \ \ " EXHIBIT "1" 6 Ag811da Hem r'~Q. 8e relav 22. 2007 Pa.je 12 of 84 EXHIBIT 2 A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTIONS 34, TO\VNSHlP 48 SOUTH, RANGE 26 EAST, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (S.W. \4) OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE N.02015'16"W., ALONG THE EAST LINE OF SAID FRACTION FOR A DISTANCE OF 145.12 FEET TO A POINT ON THE NORTH RlGHT,OF,WAY LINE (C.R.- 862) VANDERBILT BEACH ROAD (200 FEET WIDE) AND THE POINT OF BEGINNING; THENCE N.89052'55"W., ALONG SAID RlGHT-OF,WAY LINE FOR A DISTANCE OF ;321.84 FEET TO TIfE SOUTHEAST CORNER OF ISLANDWALK PHASE 7, A SUBDIVISION AS RECORDED IN PLAT BOOK 38, PAGES 5 THROUGH 10 OF THE PUBLIC RECORDS OF COLLIER COL'NTY, FLORIDA; THENCE N.02014'00"W., ALONG THE EAST LINE OF SAID SUBDIVISION FOR A DISTANCE OF 1860.60 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF (S.Y:) OF THE NORTHEAST QUARTER (N.E. \4) OF THE SOUTHWEST QUARTER (S.W. v..) OF SECTION 34; THENCE S.89'52'18"E., ALONG SAID FRACTION FOR A DISTANCE OF 76.17 FEET; THENCE N.02'IS'16"W., FOR A DISTANCE OF 420.21 FEET; THENCE S. 89'52'18"E., FOR A DISTANCE OF 1245.00 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER (S.W. \4); THENCE S.02'15'16"E., ALONG SAID FRACTION FOR A DISTANCE OF 2280.60 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 68.39 ACRES MORE OR LESS. PARCEL IS SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF- WAY OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEARING N.02'15'16"W. DESCRIPTION PREPARED MARCH 29, 2005 BY THOMAS S. SHAW, P.S.M., PROFESSIONAL SURVEYOR & MAPPER. FLORIDA CERTIFICATION NO. 4672. l00002843 DOC vi} 7 Z; '" = .... 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N . - . - ~ ?- m :::c x LU Aaenda Item No. 8e ~ May 22. 2007 Page 14 of 84 EXHIBIT 3 AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE FALLS OF PORTOFINO CO'Vi:MUNITY DEVELOPMENT DISTRICT {00002843 DOC vI} 9 Agenda Item No. 8e May 22. 2007 Page 15 of 84 EXHIBIT 3 AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRlCf STATE OF FLORIDA COUNTY OF BROW ARD II!. DEe. :10,,' On this _ 2. _ day of -ffiBe'f005, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: 1. Affiant, LARRY ABBO, an individual, is the Vice,President of PORTOFINO FALLS BUILDERS, INC., a Florida corporation, which is the General Partner of PRIME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership (the "Company"). 2. PRIME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership, is the owner of the following described property, to \vit: See Exhibit "A" attached hereto (the "Property") 3. Affiant, LARRY ABBO, hereby represents that he has full authority to execute all documents and instruments on behalf of the Company, including the Petition before the Board of County Commissioners of Collier County, Florida, to enact an ordinance to establish the Falls of Porto fino Community De\'elopment District (the "Proposed CDD") 4. The property represents a portion of the real property to be included in the Proposed CDD. I' j r ~00002S43DOC \' ] ] 1i2SC:Q05 OS:53 AM] ",aenoa item No. Be ~ rv1ay 22. 2007 Page 16 of 34 5. Affiant, LARRY ABBO, as Vice-President of PORTOFINO FALLS BUILDERS, INC., a Florida corporation, which is the General Partner of PRIME HOMES AT PORTOFINO FALLS, L TD, a Florida Limited Partnership, as ovmer of the property in the capacity described above, hereby consents to the establishment of the proposed CDD. 6. The General Partner of PRIME HOMES AT PORTOFINO FALLS, LTD., a Florida Limited Partnership is PORTOFINO FALLS BUILDERS, INC., a Florida corporation. The limited partners of PRIME HOMES AT PORTOFINO FALLS, LTD., are Fred Abbo, Eva Abbo, Larry Abbo, Edward Abbo, The corporate officers of PORTOFINO FALLS BUILDERS, INC,. are Fred Abbo, President, Lany Abbo, Vice- President, Edward Abbo, Secretary, Eva Abbo, Treasurer. FURTHER AFFIANT SAYETH NOT. PRIME HOMES AT PORTOFINO FALLS, L TD, a Florida Limited Partnership By: Its General Partner PORTOFINO FALLS BUILDERS, INC., a Florida corpor~t~o~2 B " /I~ y. ,''/1/ r Larr~V' ..I rOOOO:?S~3 DOC" [11/28/2005 OS:53 Ai\l: Agenda item No. Be May 22. 2007 Page 17 of 84 Subscribed and sworn to before me this ~ day of D.:: G , 2005, by LA 11.(''/ ,., \3 '~,LL, who personally appeared before me, and is personally known. ~l;~~i~ 0e /) UA/J,{,ILL- Hi I'd, f'AL N01ARY FL:DLlCSTATE OF FLORIDA ~ Geovanna Fortier Commission # DD4560B3 Expires: JUI.Y 31, 2009 Donded Thru Atlantic: Bonding Co., Inc. (000028..13 DOC vI 11/18/1005 08:53 A)l.fl ''i.i(; Notary: Print Name: Notary Public, State of Florida ,..._....:c.',.",.,,,",,,,. ,,"..-..',. .'. h-"'-'-' ,.".,-,, f-\oenda Item No, 8e o r\~ay 22. 2007 Page ,8 of 84 Exhibit "A" to Affidavit A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORlDA, COUNTY OF COLLIER, LYING IN SECTIONS 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING FURTHER DESCRlBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (S.W. \1,) OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE N.02'15'16"W., ALONG THE EAST LINE OF SAID FRA.CTlON FOR A DISTANCE OF 145.12 FEET TO A POINT ON THE NORTH RlGHT,OF,WA Y LINE (C.R., 862) VANDERBILT BEACH ROAD (200 FEET \VIDE) AND THE POINT OF BEGINl\'lNG; THENCE N 89'52'55"W., ALONG SAID RIGHT,OF,WAY LINE FORA DISTANCE OF 1321.84 FEET TO THE SOUTHEAST CORNER OF lSLANDWALK PHASE 7, A SUBDN]SION AS RECORDED IN PLAT BOOK 38, PAGES 5 THROUGH 10 OF THE PUBLlC RECORDS OF COLLlER COU1-HY, FLORIDA; THENCE N.02'14 'OO"W., ALONG THE EAST LINE OF SAID SUBDNISION FOR A DISTANCE OF 1860.60 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF (S.YO) OF THE NORTHEAST QUARTER (N E. \1,) OF THE SOUTHWEST QUARTER (S.W. \1,) OF SECTlON 34; THENCE S89'52' 18"E., ALONG SAID FRACTlON FOR A DISTANCE OF 76.]7 FEET; THENCE N02'15'16"W, FOR A DISTANCE OF 4202] FEET; THENCE S. 89'52' 18"E, FOR A DISTANCE OF 124500 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHlVEST QUARTER (S.W, '!,); THENCE S..02'15'16"E, ALONG SAID FRACTION FOR A DISTANCE OF 2280 60 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 68 39 ACRES MORE OR LESS PARCEL IS SUBJECT TO EASEMENTS, RESTRlCTIONS, RESERVATIONS AND R1GHTS,OF, WAY OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEARING N02'15'16"W DESCRIPTION PREPARED MARCH 29,2005 BY THOMAS S. SHAW, P.S.M, PROFESSIONAL SURVEYOR & MAPPER. FLORIDA CERTlFICA TION / NO 4672. _~,.;. ';"!;"~~';' ',;:f... :OOO('CS..DDOC,'111l2S/2005 OS:53 -\1.1) Agenda item No. Be May 22, 2007 Page 19 of 84 AFFIDA VIT OF OWNERSHIP AND CONSENT TO THE CREA nON OF THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA COUNTY OF COLLIER On this 10- day of CK:bkr, 2005, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: I. Affiant, Gerardo Mederos, an individual, is Owner of the following described property, to wit (the "Owner") See Exhibit "A" attached hereto (the "Property") 2. Affiant, Gerardo Mederos, hereby represents that he has full authority to execute all documents and instruments, including the Petition before the Board of County Commissioners of Collier County, Florida, to enact an ordinance to establish the Palls of Portofino Community Development District (the "Proposed CDD"). 3. The Property represents a portion of the real property to be included in the Proposed CDD. 4. Affiant, Gerardo Mederos as Owner of the Property, described in attached Exhibit "A", hereby consents to the establishment of the Proposed CDD, {00003457 DOC vi 10/312005 04:31 PM} 10 FURTHER AFFIANT SA YETH NOT. /-I.C!enja item ;\lo. 8e ~ iV;ay 22. 2007 Page 20 of 84 Signat~f)!JJz & (l )r~~ Print: Gerardo Mederos Title: Owner ) Subscribed and sworn to before me this lCL day of Q(-\t:,\1e i", 2005, by Gmrdu 1~\?a9rDS, who personally appeared before me, and is personally known. ..:;:*~ =Po:'~~ ,XPllES I:f~'" M'(cQMt.I 1/ 200B ~~. . j ~~f"~Il'm!!.A"':::l: IN(. ':"{ ...., sQtlOal. --!r.. (00003457 DOC vi 101312005 04:JI PM) NO""'Q I!lM&Ll ~~u Print arne: JU:Jywb "'-~\rh~\(l9u.q Notary Public, State of Florida 11 0['-"'7 co 0;:0 - 0,,- 'J '" ..;~ _ ('~ "l m >.gj, ~~ctl ro.2:o.... " ;; :J) <( .~ :;a o ~ ~ .-= ..Q .- - ;;; "" <: C) -- I--. 9- Q': U CJ CJ ':'> i' , , , , I: " t. ) f r,' " i'\ " ! , , - 1 ! ! ! ( ) , i '! , , " , i (f'j .J '. " , ,~ " ~ ''''', ''7..) - , l ; r. '<7 -' CJ <: "'::c ,,-) > r ,1? J "'i"' ,', >.", .) CJ <: "'::c 'j i., -::, 1.1 <:~ ",-:r >, " i., !! ! ..11 Ii "J " ~,. ", ".,- ".. ~ , -' I I \ I I 1 I I \ 1 I, I r I I I I \ _.~=".~ \ 1 I I I I \ ! I~ 'i I . \ ! I I I .-'..........-....-.--.--t I I 1 I ,I I. ~l WOLF GREEK PUD I~ il (RESIDENTIAl. SINGI..E-FAMIt,y) \ '1 I \ I I I I I I ~ -!-_no_..,_..,..___,__.....-' I I 1.1 I I I 1 I 1 I I I I =!~ ___,,_...._ no-": T ISLAND WALK DIII!PLJD C!ll~"'l/ol,._I1Y1 i a , WOLF CREEK PUD (l\'OODEOAHlllI,l,CAtiT) " ...."."., w...,' "j,"AGllfCULTllflf (WOODED ANO VACAIifl _._____...____~._,^..__ ''''''''/Im.'' , , WOl.F CREEK pue (f1~SIDEUTIAL Io'J.ILTl.fAlolltYj (VA~A~T V.'OODED) ISLAND WALK DRlfPUD Il.ESIOEm"IALCOWllJlIlTYJ :t MorU' ~ '.au.! WOLF GREEK PUD . \ {RESIDENTIAL ~KTI.,rIWII..YJ (VACANT lHACTlVE fAll?lI'IELDI ....u......m..... ~,no__.._ ==t-- VANDERBIlT BEACH ROAD 1--_ ,m';:_~...;:-_-.-- ~,jiJ.'i-;;;;:-"'~_.-._-- - .$!:.!!:.- - .-- --.---- ~ .L\gencia !tern !\10. 8e 1',1ay 22. 2007 Page 22 of 34 WOLF CREEK PUD (RESIDenTIAL SINGLE.FMlIlY) + N.T.S. WOLF GREEK PUD (AESIOElrrIAL S!!iGLE-FANtl,V} -r-'---'--- I I \ _.._.no - FALLS OF PORTOFINO C.D.D. EXISTING LAND USES MAP EXHIBIT ~ 4~ 1'7 I I I I I I I I I I 1 I I II I !' 1 I I I I ~,~~%~.~L I I I I 1 I 1 il I i II ;1 ~ ,I I II I ' I I I I I : I I 1 I 1 I I I I II I I' I 1 1 I I I 1 I 1 I 1 . ,::JI I I 1 I. I . . ;; , . ~. '''-s, ""f ':121." I ~ LAND USE URBAN RESIDENTIAL $U'~.lt>"E IU',', ! ~ -'l(. x ~~ S"W'C'r ,.nus -.- X--__...JJJ ; --x ,~ x X--~ y x I I 1 I >' ---X.--:< , , x ..)(.... ~--X :t--\( N$S.SI'U'" ,~,.U' ~ ;; x -t- - - - - - - - VANDERBILT BEACH ROAD - _ _ _ _ - - - - - -= ----------------------------- ----------------------------- Agenda Item No. 8e 1'v'.dY t::..L, LUU-; p ,:, 'J~ nf R.1 :w + N.T.S. I I 1 I I AGRICULTURE ZONING PASTURE WHl1 !lAA1fS (NOT P"~T OF THE \lOLl CfIEEK pUO ~EZO~ING) I PROPOSWFUrUIIE OFFICElCOMI.IERCtAL FALLS OF PORTOFINO C.D.D. LAND USES MAP EXHIBIT ~ 5" 18 Agens3 Item No, 8e IV;C1Y':"L.. J( D"",,,, ')<1 fOil \! I \11 \ II 5Il~~~~4M~~~ 11\1 w :l:::::f" ""'ii 'f' .' '0. , III 8~ '" ,," ,,' ., . _: I Q!.I:Y:D~~ I II Ihlll'l 1'111 L 11111'1 \ I ~ l~rrMm '1'1 "-<~: .' "! ~~~" 1\ \ I ~0~~L~R~:~D I:, ; 11 i J i.lJj tIii::t:it!XtJ ~ I \ ALL NON-HATCHED ". 'tri'mfH'", ',ii'" ,"','" '.' I AREF,S ARE PRIVATE ::~ !i I I !I ! 1I1111! I' Ii! Ii i ; ill ,~a I I LAND USE AREAS ,-, ' L. .....1'.' Ii .~)::nu!)1 \, 81~~JJ lilliJA:D~ ~ rrnxo~ ~ I , ~I~rmmn ~.DfJ \ ~ s ~ ~ .., I I~ 8 tl ~D:% ~i,' ~ IUJWJ'D!6=w=n ,I I I I I 0YI1l'i] C!YDTill 0YI1l'i] o::YIllYD I I ,', :L - - ~=.----- FALLS OF PORTOFINO C.D.D. PROPOSED DEVELOPMENT PLAN EXHIBIT" 6" 19 .I i I LeGeND' I L ..- -IO.W.-_ PROPOse/) WATER MAfH (Size AS NOTm) -6.F--~ PROPOSED rORC[ t.lAlN (size AS NOTED) I I - --E16'F_ EXlSllHG FORCE MAIN (SIZE AS WOTEO) --E.30"W-_.. EXISTING WAl(R MAIN I I J I I I I I t I I I N + r- I ~~l"1}1.! %M11" w_ I NTS I I I FALLS OF PORTOFINO I C.D,a I ~-'--" , {B"FORCEMAIN 1! _J 'i WOLF CREEK PUO ., " ( (RESIDENTlAL SINGLE. fAMILY) ~ V8"FORCEMAIN :5 I ~ /-12"WATERMAIN :g ,/ 0 ~ -t ---- ~ ~ i= /8" FORCEMA!N ::>, i 0 0 ~12"WATERMArN ~, l\ ~ '" 5 0 ~ p '" OUTFALL VBt '" ROAD SIDE Dll'CH r !!I " ~ =-ET6"~ =--:S::"rs"r= z -"- "- ,.. EXIST-ING-16'F-ORCEMAIN\..El<ISTlNG 30"V1M Il lli - "- -.-. -- -- - - - - z '" - - , - - '.-- -'- - .- ---- - - - -.--- ~ . -- I~ FALLS OFPORTOFINO EXISTING UTILITY PLAN EXHIBIT . 7" Agenda Item ~'O. Be May 22, 2007 Paoe 25 of 84 ::> 0; /\.genda item No. Be h.'iay 22, 2007 Page 26 of 84 EXHIBIT 8 ESTL'VIATED COSTS OF DISTRICT IMPROVEMENTS Stormwater Management $5,740,741 Water Distribution $746,296 Wastewater Collection $803,704 Rights of Way and Open Space Improvements $459.259 Total Estimated Costs $7,750,000 :00002S43DOCvlj 21 Agenda IterTl r,o. Be May 22, 2007 Page 27 of 84 EXHIBIT 9 PROPOSED TIME TABLE FOR CONSTRUCTION OF IMPROVEMENTS Phase One: 1. Surface Water Management and control systems, including but not limited to earthwork and landscaping. a Start Date - October 2005 b. End Date - July 2006 2. Water distribution and wastewater collection and transmission facilities a. Start Date - October 2005 b. End Date - July 2006 3. On-site and off-site roadway improvements a. Start Date - October 2005 b. End Date - July 2006 Phase Two: 4. Surface Water Management and control systems, including but not limited to earthwork and landscaping. a. Start Date - October 2006 b. End Date - July 2007 5. Water distribution and wastewater collection and transmission facilities a. Start Date - October 2006 b. End Date - July 2007 6. On-site and off-site roadway improvements a. Start Date - October 2006 b. End Date ,- July 2007 {OOOO2843 DOC v I} 22 A.ge:lda item No. 8e ~,''lay 22. 2007 P";Je 28 of 84 EXHIBIT 10 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form the Falls of Portofino Community Development District ("District"). The proposed District comprises approximately 68.39 acres of land located within unincorporated Collier County (the "County"), Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002 (2) (d), F.S. (governing District formation or alteration) as follows: 'That the process of establishing such a district pursuant to uniform general law shall be fair and based onlv on factors material to manaqinq and financinq the service deliverv function of the district. so that anv matter concerninq permittinq or planninq of the development is not material or relevant (emphasis added)." 1.2 Overview of the Falls of Portofino Community Development District The proposed District comprises approximately 68.39 acres within the County. The District is designed to provide community infrastructure, services, and facilities along with certain ongoing operations and maintenance to the Falls of Portofino Community Development District. The development plan for the proposed lands within the District includes the construction of approximately 490 town home units. A Community Development District is an independent unit of special purpose local government authorized by Chapter 190, Florida Statutes, to plan, finance, construct, operate and maintain community-wide infrastructure ih large, planned community developments. COD's provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure to service projected growth without overburdening other governments and their taxpayers." Section 190.002 (1) (a) F.S. A COD is not a substitute for the local, general purpose, government unit, i.e., the County in which the COD lies. A COD does not have permitting, zoning or police powers possessed by general purpose governments. A COD is an alternative means of financing, constructing, operating, and maintaining community infrastructure for planned developments, such as the proposed Development herein. The scope of this SERC is limited to evaluating the consequences of approving the proposal to establish the Falls of Portofino Community Development District. [00002843 DOC v IJ 23 Agenda Item No. 8e May 22, 2007 Page 29 of 84 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541 (2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. As noted above, the Development described herein is an anticipated Planned Development Project designed for up to 490 total residential units. Formation of the District would put all of these households and commercial uses under the jurisdiction of the District. It is not anticipated that anyone outside the District would be affected by the rule creating the District, although the State of Florida and Collier County would be required to comply with the rule. (b) A good faith estimate of the cost to the agency!, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. State Government Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District as proposed is within Collier County and consists of less than 1,000 acres, therefore Collier County is the establishing entity under 190.005 (1) F.S. The modest costs to various State entities to implement and enforce the proposed rule relate strictly to the receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 169.412, F.S., the proposed district must pay an annual fee to the State of Florida Department of Community Affairs, which .... - offsets such costs. Collier County The proposed land for the District is in Collier County and consists of less than 1,000 acres. Collier County and its staff may process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources. The costs to review the record of the local hearing, the transcript of the I For the pUlposes of this SERC, the term "agency" means Collier County and the term "rule" means the ordinance(s) which Collier County will enact in connection with the creation of the District {OO002843 DOC y I} 24 Ag~nc'a I',em r'>lo. Be f\;1ay 22, 2007 Page 30 of 84 hearing, and the resolutions adopted by the local general,purpose government will be offset by the filing fee required under 190.005 (1)(b), F.S. These costs to the County are modest for a number of reasons. First, according to Chapter 190, F.S., review of the petition to establish the District does not indude analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by the required filing fee. Finally, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. The annual costs to Collier County because of the establishment of the District, are also very small. The proposed District is an independent unit of local government. The only annual costs the County faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the local governing authorities. Impact on State and Local Revenues Adoption of the proposed rule will have no negative impact on State and local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the planed Development. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida, Collier County, or any unit of local government. In accordance with State law, debts of the District are strictly its own responsibility. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. Table 1 provides an outline of the various facilities and services the proposed District rnay provide. The proposed district intends to fund the stormwater management system, the water distribution and wastewater collection system, and rights of way and open space improvements. {00002843. DOC vI} 25 Agenda item No. 8e May 22, 2007 Page 31 of 84 Table 1. Falls of Portofino Community Development District Proposed Facilities and Services FACILITY FUNDED BY O&M OWNERSHIP Stormwater Management CDD CDD CDD Water Distribution CDD COUNTY COUNTY Wastewater Collection CDD COUNTY COUNTY Rights of Ways and Open Space Improvements CDD CDD CDD CDD = COMMUNITY DEVELOPMENT DISTRICT; COUNTY = COLLIER COUNTY The petitioner has estimated the design and development costs for providing the capital facilities as outlined in Table 1. The cost estimates are shown in Table 2 below. Total design and development costs for these facilities are estimated to be approximately $7,750,000. The District may issue special assessment or other revenue bonds to fund the development of these facilities. These bonds would be repaid through non ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program outlined in Table 2. Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. However, locating in the District by new residents is completely voluntary. So, ultimately, all owners C\nd users of the affected property choose to accept the non-ad valorem assessments as a tradeoff for the numerous benefits and facilities that the District provides. In addition, state law requires all assessments levied by the District to be disclosed by the seller to all prospective purchasers of property within the District. A Community Development District ("COD") provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, CitylCounty provision, or through developer equity andlor bank loans, {OOOO2843_DOC vi} 26 A.::wnda Item ~.jo. 8e , May 22. 2D07 Page 32 of 84 In considering these costs it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, Senate Bill 360, and it assures that growth pays for itself without undue burden on other consumers, Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of the District services they receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities, Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low, Table 2. Cost Estimate for District Facilities CATEGORY COST Stormwater Management $ 5,740,741 Water Distribution $ 746,296 Wastewater Collection $ 803,704 Rights of Ways and Open Space Improvements $ 459,259 Total Estimated Costs $ 7,750,000 100002843 DOC v 1 J 27 Agenda Item No. 8e May 22, 2007 Page 33 of 84 (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be little impact on small businesses because of the formation of the District. If anything, the impact may be positive. This is because the District must competitively bid many of its contracts. This affords small businesses the opportunity to bid on District work. Collier County has an estimated population in 2000 that is greater than 75,000. Therefore the County is not defined as a "small" County according to Section 120.52, F.S. (e) Any additional information that the agency determines may be useful. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. There have been no good faith written proposals submitted to the agency as described in Section 120.541 (1 )(a), Florida Statutes. Prepared by: Richard Hans Governmental Management Services-South Florida, LLC August 19, 2005 {OOOO2843.DOC vJ} 28 Submission Requirement APPENDIX A Reporting Requirements Florida Special District Handbook ApPENDIX A: REPORTING REQUIREMENTS A 7 A GL ANCE Statutory I Rule Reference Applicable Special Districts P,Clenda itern ~~o. 8e " 1::3Y 22,2007 Page :>4 of 84 Due Date Annual Financial Audit REport All special districts with either revenues or expenditures of more than $100.000.00 Section 218 39, F. S. Chapter 10 550,. Rules af the Auditor Gene-ml Handbook Section 2 4 All special districts with revenues or expenditures/expenses betwEen $50,000.00 and $100,00000 that have not been sUbj<eted to a financial audit for the two preceding fiscal years Annuallv 'Nithin 45 days aftel deliveJY of the audit report to the governmental entity, blrt no later than 12 months after fiscai year end T\vo copies of the annual financial audit report must be submitted to the Auditor General A dependent special district that is a component Imit of a cou nty or municipaii~' may provide fO! an annual financial 8lICiit by being included III the audit of that county or municipality In sllch instances. that audit report must cleariy state 1hat U,e speciar district is a component unit of the county or munidpality. F.A.C. = Flonda Admln/strative Code; F.S. = Flonda StarUles Abbreviations: {00002843 DOC v 1 J A-I 29 Agenda Item No. ae May 22, 2007 Page 35 of 84 Florida Special District Handbook Submission Requirement Statutory / Rule Reference Applicable Special Districts Due Date Creation Documents and Section 189418, F,S, Within 30 days after Amendments, All special districts including Codified Handbook SectIOn 1 . 4 adoption / approval. Act, if applicable Written Status Section 189418. F.S. Within 30 days after Statement Handbook Section 1 - 4 All speciai districts ado pti on / approvai of creation document Dissolution Section 189.4042, FS Within 30 days oflhe Documents Handbook Section 1 - 4 All special districts, dissolution effective date. Section 189.418, F.S Within 30 days of the Merger Documents Seciion t89 4042, F S. All special districts. merger's effective Handbook Section 1 . 4 date. Special District Map Section 189418, FS. All special districts Within 30 days after and Amendments Handbook Section'l - 4 adoption / approval. Annually. by the due Special District Fee Section 189427, F S date on the Form Invoice ($175.00) Rule 9B-50 003, FA C. All special ctiatricts. (senlto all SPEcial and Update Form Handbook Section 1 .. 3 districts around October 1). Registered Agent Section 189 416. FS Within 30 days after and Office Initial Section 189 418. F.S All special districts the first governing Designation Handbook Section 1 . 4 board meeting Registered Agent Sectron 189416, F S Upon making the Section 189418, F S All special districts. and Office Changes Handbook Section 1 - 4 change Disclosure of Public Financing All Community At all times pubiic Deveiopment Districts. financing is imposed. Abbreviations: F,A.C. = Florida Administrative Code: F.S. = Florida Statutes Section 190.009, F.S. A-2 30 {OQ002843.DOC v.l} A;Jencja item No. se May 22, 2007 P3ge 36 of 84 Florida Special District Handbook Due Date Annual Financial Report \i'.litha copy of the Annua' Financial Audit Report attached. if required Section 189.418. F.S. Section 218 31, F.S. Section 218.32, F S. Handbook Section 2 - 3 All Housing Authorities; All independent speclal districts; All dependent spacial districts that are not component units of a local govemmental entity Annually within 12 months of fiscal year end (9/30) and 45 days of Budit completion If no audit is required, fila by April 30 Public Depositor Annual Report to the Chief Rnanel.1 Officer (Form DF5- J1-1009) Section 280 17, FS Handbook Section 3 .. 5 All special distri:;ts Annually by Novemoor 30 Public Deposit Identification and Acknowledgment Form (Form DFS. J1-1295) Section 28017. F S Handbook Section 3 - 5 Execute at the time of opening the account and keep on file. Submit only in case of default of the qua1Jfied public depositoty. F.A,C. = FforfdaAdminisrrarive Code: F.S. = Florida Swtures All special districts Abbreviations: A-3 {00002843 DOC vI} 31 Florida Special District Handbook Agenda Item No. 8e May 22. 2007 Page 37 of 84 Actuarial Impact Statement for Proposed Plan Amendments Defined Contribution Report Actuarial Valuation Report Section 112.63. F.S. Rule Chapter 60T1001. F.A C Handbook Section 2 - 6 Section! 12.63. F S Rule Chapter 60T1.004. F.A.C. Handbook Section 2 .. 6 Section 112.63. F.S. Ruie Chapter 60T-1. FA C. Handbook Section 2 6 AIry special dis1rict proposing benefit changes to its defined benefit retirement plan Special districts with defined contribution plans Special districts V\;th defined benefit retirement plans. When considering plan changes Within 60 days of the reporting period's ending date At least every three years. WIThin 60 days of completion Truth-In-Millage Form DR421 Truth-in-Millage Compliance Package Report Section 200.068. FB Handbook Section 3 .. 3 Section 200 068. F.S Handbook Section 3 - 3 Speciai districts tllat can levy taxes but will not do so durin-g the year Sper;al districts levying property taxes. Annually by November 1 No tetar than 30 days following the adoption of the property tax levy ordinenceiresolution Everyone required 10 file By the last day of the Form 1. receiving a gift calendar quarter 112.3148. F.S. worth over $1 LXl .00. foliowing any Handbook Section 3 - 1 unless the person did not calendar quarter in receive any gifts during .,hich a reportable the calendar quarter gift was received. Abbreviations: F.A.C. = Florida Administrlltive Code; F.S. = Florida Statutes Quarterly Gift Disclosure (Form 9) {00002843.DOC y I J A-4 32 AaE.:I1:~a item No. Be ~ f\.1ay 22.2007 Page 38 of 84 Florida Special District Handbook Due Date Memora ndum of Voting Conti ict for County, Municipal, and Other Loca I Publi c Officers (Form as) 'J;if1~ii\~!l~''''''1i4;'ili''(S';~'<i#'1I&~m~.''''~,1)Jf~Jtil'~~~t;l';~~m_~~,Il~\~~ ~~~;..",.,..J\~B''''~'!."'~~~'~~'''"*,''''"c...."~W~>i~~''~~'",,w<",,<K\~~~~!,,';'\v.~'~~,~~~1,;~&t) Actuarial Valuation Report Section 112 3143. F S Handbook Section 3 .. 1 Special District Local Officers with Voting Conflicts VVithin 15 clavs after the vote occurs See Deparrmrmt o{ Managem<aJ/t Services, OMs/on of l=?etirement. Annual Financial Audit Report Abbreviations: F.A.C. = Florida Admin.istrative Code; F.S. = F!onda Statutes See Auditor General, Local Government Section A-S 33 {00002843 DOC V]} Agenda Item No. 8e May 22, 2007 Page 39 of 84 Florida Special District Handbook Due Date When requested, Section 189 41 8, F S. provide to the local Budget or Tax Levy Handbook Section 2 . 2 All special districts governing authority within the district's boundaries Section 1633191, F.S. Independent special Section 189415(2), FS V"Jithin one year of Public Facilities Initial Rule Chapler districts (See the special district s Report 9J-33, FAC Handbook Section creation, Handbook Section 1 6 1 - 6, page 31). Section 163 3191. F S Independent special Annuelly, Contact Section 189 415(2), F S Public Facilities Annual Rule Chapter districts (See each local general- Notice of Any Changes 9J33. F.A C Handbook Section purpose government Handbook Section 1 ., 6 I .. 6, page 31) for the due date Every jive years. at ieasl12 months Section 189 415(2iie), before the due date FS Independent speciai that each local Public Facilities Rule Chapie! districts (See general.pul'pose UpdatEd Report 9J-33, FAC Handbook Section government must Handbook Section 1 6 1 - 6. page 31) submit its Report to Appendix B the Department of Community Affairs See Appendix B RegisterEd Agent and Section 189.416, FS. Within 30 davs after Office Initial Section 189418. F S All special districts. the first governing Designation Handbook Section 1 ..4 board meeting Registered Agent and Section 189 416. F S Upon making the Section 189418. F.S. All special districts Office Changes Handbook Section 1 - 4 change, Regular Public Meetln9 Schedule Section189417.FS. Quarterly. Section 189 418. F S All special distrrcts semiannually. or Handbook Section 3 - 2 annually. Abbreviations: F .AC. = Florida Administrative Code; F .5. = FfC!rfda Statutes A-6 34 100002843 DOC v.l} Agenda Item No. 8e May 22, 2007 Page 40 of 84 Florida Special District Handbook Submission Statutory I Rule Applicable Special Due Date Requirement Reference Districts r*!F~.~~",~~~~",~ W;(~1&!~ff;,t;~f'~~<'~~~~, "",,~.!.~+:iSk.~~~~' _ ~" " ',' ,~;:,' iMi~ Draft Codified All special districts with Ch rt L I Section 189.429. F.S. .. a S lei D "^r 1 2004 a er as a oca Handbook Section 1 .. 4 more u1 none pec" ecem"". Bill Act Investment Pool Systems Input Documentation A1i special districts investing funds with the Handbook Section 3 - 6 State Board of Administration or Local Government Trust Fund At the time of making any Changes or updates 10 the account Resolution for investment of Surplus Funds All special districts Section 218 407, F S investing funds wili1lhe Handbook Section 3. 6 State Board of Administration or Local Government Trust Fund Abbreviations: F.A.C. = Florida AdminislTatll'e Code; F.S. = Florida Statutes At tile time of investing surplus funds A-7 35 {00002843 DOC v I J Agenda Item No. 8e May 22. 2007 Page 41 of 84 Florida Special District Handbook Due Dala ~ selling certain generel obligation Advance Notice Section 21838. F.S. All special districts as bonds & revenue of Bond Sale Handbook Section 2 - 5 epplicable bonds or closing on any similar long term debt insuuments Bond Information Section 189.418. F.S. All special districts as Within 120 days efter Form/Bond Section 218..38. F S. applicable. New bond delivery of general Disclosure Form Handbook Section 2 ... 5 issues only obligation bonds and (BF2003/2004A & B) revenue bonds Bond Verification All special districts as Witilin 45 days of ti',e Handbook Section 2. 5 Division of Bond Form (BF2005) applicabie Finance's request Final Official Section 218 38. F S All special districts as Within 120 days after Statement Handbook Section 2 - 5 appl.icable delivery of the Ilonds (Bonds) ~ prepared IRS Form 8038 (Bonds) Section 159 345(1}, F..S. Special districts issuing Submit with the Bond Section 159 475(1). F.S Industrial Development or Information Form & Section 159 7055, F S Research and Official Statement, if Handbook Section 2 - 5 Development Bonds, any is published. Abbreviations: FAC. = F.lolida Adminisrrarive Code. F.S. = Florida StaMes A-8 (00002843.DOC v l} 36 Agenda item ~~o. 8e I'~ey 22. 2007 Page 42 of 84 Florida Special District Handbook Submission Requirement Statutory I Rule Reference Applicable Special Districts Due Date All "spedal district local WJthin 30 days at accepting the offi('..ers~ appointed appointment, then to a special district or every year thereafter Statement of SectIOn 112.3145, F S special district's board. by July 1 Financial Interests (Form 1) Handbook Section 3 - 1 All "special districllocal During the qualifying officers" elected period, then to a special district's every year ther"eafter board. by July 1 Final Statement of All "specral district local WIthin 60 days of Financial Interests Ser.tion 1123145, F S officers~ l,ovho am required leaving a public Handbook Section 3 1 to file Form 1 and ate (Form 1F) leaving a public position position No later than the last Certain special district day of trle calendar Quarterly Client Section 1123145(4), local officers. depending quarter follo\,ving the Disclosure FS upon their position, calendar quarter (Form 2) Handbook Section 3 - 1 business or jnterests (See during which the Handbook Section 3 - 1). repre-sentation was made Annual Disclosure of Gifts from Governmental All special distfict local En1ities and Direct Section 1~2,3148, F S Support Section 112 3149. F S. officers who file Form 1 Annually by July 1 and who received a Organizations and Handbook Section 3 - 1 reportable gift or expense Honorarium Event Related Expenses (Form 10) Interest in CompEtitive Bid for Public Business (Form 3A) Section 112 313(12)(e), FS Handbook Section 3 . 1 Certain spacial district locai officers (See Handbook Section 3 - 1 ) Befal e or at the time of the submission of the bid. Abbreviations: F.A.C. = Fiof!:da Admirustrative Code: F.S. = Flonda Statures A-9 (00002843DOCvl} 37 !\genda Item No. 8e May 22, 2007 Page 43 of 84 ATTACHMENT 2 STAFF ANALYSIS RELATIVE TO THE SIX (6) FACTORS FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION FOR "Falls of Portofino" CDD Back2round: Section 190.005, Florida Statutes, outlines the specific content required in a Community Development District (CDD) petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the district is amenable to separate special-district government. Comprehensive Planning staff has reviewed the six factors referenced above and makes the following findings with regard to the proposed "Falls of Portofino" Community Development District: I. Whether all statements contained within the petition have been found to be true and correct. Comprehensive Planning Department staff, along with the staffs of the County Attorney's Office, the Utilities Engineering Department and the Transportation Planning Department, has reviewed the referenced Community Development District petition. Based upon the review of the petition and sufficiency information, staff helieves that the inforn1ation found within these documents is substantially true and correct. Agecda Item r~o. 8e May 22, 2CJ07 Page .+4 of 34 2. Whether the creation of the district is inconsistent with any applicahle element or portion of the state comprehensive plan or of the effective local government comprehcnsive plan. The 68.39'" acre portion of the P.U.D. is designated Urban Residential Subdistrict, on the Collier County Future Land Use Map. The proposed CDD would be a unit oflocal government established specifically for the purpose of carrying out the approved Master Development Plan and commitments of the Falls of Portofino Development. The CDD does not authorize any form or amount of development not previously approved by the Board of County Commissioners. Therefore, staff finds that the establishment of the CDD is consistent with the Collier County Growth Management Plan. As to consistency with the State Comprehensive Plan, the County staff notes that the CDD process is established within Section 190 of the Florida Statutes. The petitioner has not deviated from the standard process, as established by the Statute. Section 187.201, Florida Statutes, contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for Governmental Efficiency, which reads as follows: " Goal. --Florida governments shall economically and efficiently provide the amount and quality of services required by the public." Policy 2 within this goal area reads as follows: "2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overburden other govennnents and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards." As an "independent special taxing district", the proposed COD IS consistent with the State Comprehensive Plan. 3. Whcther the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The proposed Falls of Porto fino COlllillunity Development District, if approved, would be near the size range of other COOs within Collier County. The closest being Pine Air Lakes COD comprised of approximately 149.9 acres, and the Key Marco/Horr's Island COD comprised of approximately 174 acres in size. Based upon previous experience and the subsequent success of other Collier County COOs. Comprehensive Planning Department stafTbelieves that the Falls of Porto fino Community Development District meets the above criteria, only if the 20 acres pending re;.one is approved and made part ()f the Wolf Creek PUD, as noted within the Execl/tive SU/llmal)'. Otherwi.\'e, absellt the 20 acres i/1 the CDD, the area under consideratio1l would definitely not be compact and would not be contiguous. Comprehen"ive Planning staff has re,\'{'n'atiolls regarding this particular criterion and its affect OIl the pro.\pectil'e rezoning 2 Agenda item 1'0. 8e May 22, 2007 Page 45 of 84 where due process for affected parties could be adversely affected if objections are forthcoming. However, this determination is a matter of policy to be determined by the Board. 4. Whether the district is the best alternative available for delivering community dcvelopment services and facilities to the area that will be served by the district. As noted within Exhibit 10 of the CDD petition, there are numerous alternatives available for the provision of infrastructure and services by and for an approved development. These include, but are not limited to the following: private funding procured by the developer; establishment of a homeowners association; establishment of a Municipal Services Taxing Unit (MSTU); establishment of a Municipal Services Benefit Unit (MSBU); establishment of a Community Improvement District (limited to drainage and irrigation related improvemcnts); establishment of a County-managed special purpose district; or, direct County management. All of these alternative options have various legal, financial or other limitations on their operations or do not provide a focused, compact approach to the provision of infrastructure and services. Therefore, staff finds that establishment of the proposed CDD is the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing loeal and regional community development services and facilities. The proposed CDD cannot develop any facilities and services that are incompatible with the surrounding area. This is because the CDD's sole purpose is to implement conditions and developer commitments that were part of the original P.U.D. approval. The District Board of Supervisors will not have the legal authority to implement any facilities, services or development that would be inconsistent with its existing development approvals. 6. Whether the area that will be served by the district is amenable to separate special- district government. Based upon staff findings concerning the previous five criteria, Comprehensive Planning Department staff finds that the subject area for the proposed CDD is amenable to special district government. Furthermore, staffrecommends that the Board of County Commissioners adopt the Ordinance, as contained in Attachment I, establishing the Falls of Porto fino Community Development District. 3 ,ll,genda Item ~~o. 8e f\!:ay 22, 2007 Page 4G~f 84 BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA ST ATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO EXT ABLISH THE FALLS OF PORTO FINO COMMUNITY DEVELOPMENT DISTRICT / AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF BROW ARD I, Larry Abbo, Vice President of Prime Homes at Portofino Falls, Ltd. by Portofino Falls Builders, Inc., a Florida corporation, its general partner, being duly sworn, do hereby state for my affidavit as follows: I. I have personal knowledge of the matters set forth in this affidavit. 2. My name is Larry Abbo and I am the Vice President of Prime Homes at Portofino Falls, Ltd. by Portofino Falls Builders, Inc., a Florida corporation, its general partner. 3. The prepared, written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of the Falls of Portofino Community Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at the Falls of Portofino Community Development District establishment hearing on ,200_, my oral answers would be the same as the \nitten answers presented in my pre-filed testimony. Agenda Item No. Be May 22, 2007 Page 47 of 84 5. My pre-filed testimony generally addresses the nature of the services and facilities to be provided by the proposed F ails of Porto fino Community Development District, the truth and accuracy of the Petition to establish the proposed District, and compliance with the factors to be considered in the establishment of a community development district. Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this I I day of N C \I Go .'Y1 i::;:' f.! , 200 5"' . Prime Homes at Porto fino Falls, Ltd. by Portofino Falls Builders, Inc., a Florida corporation, its general partner, By: dtLn' iJ '1J Larry bbo, Vice President SWORN TO and SUBSCRlBED before me by the Affiant, on this (I , day of fJ")V~I\/li'::\"'f~ .200~. "~~;~"'" Linda Soeolow '-;'o';,,-:";'<~.;-,- Commission #DD20 1844 ,~ 'iI~;JS'EP,jr;s: May 17,2007 ".>'.tOF f~O;,,' i"\..fronded Thru ", .",\' Atlantic Bonding Co., Inc. ~cLiL ~? Notary Public State of Florida LJ,YO'^'! ,SOLCU)V) Typed Name of Notary Public Personally Kno'-"TI v Type Identification produced 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 6.,oenca item No Be " r f~ . 'l) "'-"'1( 7 vOL,y __, L.dJ Page 48 of 84 TESTIMONY OF LARRY ABBO, VICE PRESIDENT 1. Please state your name and business address. My name is Larry Abbo. My business address is 21218 St. l\l1drews Avenue #510, Boca Ra1on, FL 33433 2. By whom are you employed and in what capacity? I am Vice President of Prime Homes at Portofll1o Falls, Ltd., by Portofino Falls Builders, Inc., a Florida corporation, its general partner. 3. Please describe your duties in this position. As Vice President, I a responsible for oversight of all operations related to land development, construc1ion, accounting and sales. 4. Please describe your experience and credentials, including your current employment. See Attached Resume' 5. How long ha"e you help this position? I 989- Present 6. Are you generally familiar with the geographic areas, type, and scope of de"elopment and the a"ailable services and facilities within the proposed Community Development District to be known as Falls of Portofino Community Development District? Yes, I am familiar with the Falls of Portofino CDD geographic area. I am familiar with the scope of development and available services and facilities within the proposed CDD. 7. Please describe your iuvolvement with the Petition for an Ordinance to Establish the Falls of Portofino Community De"elopment District ("Petition")? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ')" _0 24 25 26 27 28 29 30 3] 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 11. 12. 13. 14. .'Igenda item 1'0. 8e May 22, 2007 Page 49 of 84 I have been involved v,1th the formation of the Fails of Porto fino CDD since its inception. I was involved in the planning stages of the Falls of Portofino CDD and in the preparation of the CDD Petition and Exhibits. 8. Have you reviewed the contents of the Petition? Yes, I have reviewed and approved the contents of the Petition and Exhibits. 9. Are there any changes or corrections to any of the Exhibits attached to the Petition at this time? No. 10. Are the conteuts of the Petition and Exhibits true and correct to the best of your knowledge? Yes. 11. In response to this Petition, what action has Collier County taken? We had a Pre-Application Conference on August 16,2005. We received comments from Collier County in a letter dated August 19, 2005. Has the Falls of Portofino CDD received any other comments from the public or any other governmental agency? No. Approximately how large is the land area proposed to be in the Falls of Portofino CDD? The land area proposed by the Falls of Portofmo CDD consists of approximately 68.39 Acres Who are the Owners of the proposed land to be iucIuded in the Falls of Portofino CDD? a. Prime Homes at Portofino Falls, Ltd., by Porto fino Fans Builders, Inc., a Florida corporation, its general partner b. Gerardo Mederos Have the Owners Provided an Affidavit of Ownership and Consent to the Creation of the Falls ofPortofmo CDD? Yes. 2 1 2 3 4 5 6 7 8 9 15. Agenda it8m ~~o. 8e Iv:ay 22, 2007 ?2J98 50 of 84 Does this conclude )'our testimon)'? Yes. 3 Agenda Item No. 8C May 22, 2007 Page 51 of 84 Larry Mayer Abbo 21218 Saint Andrews Boulevard #510 Boca Raton, Florida 33433 Telephone (954) 392-8788 PROFEssioNAL ExPERIENCE 1997 to Present 1990 to 2000 1993 to 1995 Prime Investors and Develoners. Inc. d/b/a Prime Homebuilders, Executive Vice President, General eontractor/Qualifier. All stages of project development and administration. In progress: Portofino Village, a 930 single and multiwfamily home community in Indian River County Florida; Portofino Shores, a 519 single-family home community in Fort Pierce, Florida; Portofino Landings, a 448 multi-family home community in Fort Pierce, Florida; Portofino Isles, a 764 single and multi family home community, Port Saint Lucie, Florida; Portofino Court, a 300 multi- family home community in Port Saint Lucie Florida; Portofino Lakes, a ] 20 single family home community in Homestead, Florida; Portofino Oaks, a 92 single family community in Homestead, Florida; Portofino Pointe, a ] 05 single-family home community in Homestead, Florida; Porto fino Palms, a 172 single~family home community in Homestead, Florida; Vilia Portofino West, a 21 I multi-family home community in Homestead, Florida; Vilia Portofino East, a 103 multi-family home community in Homestead, Florida; Porto fino Plaza, a 90,000 SF retail & office building in Homestead, Florida; Porto fino Professional Center, a 60,000 SF professional office building in Homestead, Florida; Portofino Falls, a 490 multi- family home community in Naples, Florida; Portofino Cove, a 292 multi-family home community in Fort Myers, Florida; Porto fino Springs, a 192 multi- family home community in Fort Myers, Florida. Completed communities: Portofino Estates, a 130 single-family home community in Homestead, Florida; Portofino Bay, a 163 single-family home community in Homestead, Florida; Portofino North at Monarch Lakes, a 118 single-family home community in Miramar, Florida. ; Portofino South at Monarch Lakes, a 169 single-family home community in Miramar, Florida. Boynton Estates, a 40 home community in Boynton Beach, Florida; Conlen Residence, a 6,000 SF custom residence on the intTacoastal waterv.'ay, Highland Beach, Florida CenturY Investors and DeveloDers. Inc.. Executive Vice President, General Contractor/Qualifier; project administrator in addition to construction financing and end-loan administrator. Completed projects include: Paradise Homes, a 35 single family home community in Miami, Florida; Abbro Development, a 10 custom home community in Miami, Florida; The New Le Mirage, a 32 single family home community in Miami, Florida; Interian Homes, 4 luxury residences in Miami, Fiorida; Tamarind Grove, a 54 townhome/viila community within Miami, Florida; Mizner Village at Heron Bay, a 56 luxury home community in Coral Springs, Florida; Addison Court at Wyndham Lakes, a 166 townhome/villa community within Coral Springs, Florida. Various custom homes. Sistemas A vazados de eonstruccion C.A. (Advanced Construction Systems, c.A.), Vice President with responsibilities including steel structure design and fabrication, estimating, bidding, and general administration. Completed jobs include: Costa Norte Offices, Punto Fijo, Venezuela; Provincial Bank of Costa Oriental, Venezuela; Custom Chalet, Bocono, Venezuela; Industrial eating facility within Pequiven Petrochemical Plant, EI Tablazo. Costa Oriental, Venezuela; Bechtel Offices. Maracaibo, Venezuela. --'\genda Item No. 8e lv1ay 22, 2007 Larry Mayef;iiGlS'o52 of 84 Professional Resume Page 2 of2 1989 to ]993 AGL eonstruction & Deveiooment Com., eomptroiler and Vice President of Construction. General Contractor/Qualifier for construction activities. Responsibilities included: planning, pennitting, budgeting, bidding procedures/execution, management of funds, cost accounting, construction supervision, customer care and relations, and coordinating of closings. Completed projects included: Boca Bella, a 60 townhome community within Boca Raton, Florida; Kids'R'Us shopping center, Corai Springs, Florida; Kidstop Early Learning eenter, Boynton Beach, Florida. EDUCATION f. QUALIFICATIONS ]998 State Certified Building Inspector. License # BN 0003358. 1996 Florida Energy Efficiency Code for Building Construction. Class three rater. License # 595409892 1993 Gold Coast School of Reai Estate, Boca Raton, Florida. Real Estate Broker. License # BK 0565477 ]990 to 1995 Florida Atlantic University Major: Engineering 1993 to 1995 Universided del Zulia Major: Engineering 1992 Goid Coast School of Real Estate, Boca Raton, Florida. State Registered Appraiser. Registration # R1 0003148 1992 Contractors School, Pompano Beach, Florida. State Certified Roofing Contractor. License # CCC 056654 ]991 Contractors School, Pompano Beach, Florida. State Certified General Contractor. License # CGC 053496 1991 Southern Building Code Congress International, Inc. (SBCCI) Registered Building Inspector. Registration"# 4344 1990 Gold Coast School of Real Estate, Boca Raton, Florida. Mortgage Broker. License # HE 595409892 SP 1990 Goid eoast School of Real Estate, Boca Raton. Florida. Real Estate Salesperson. License # SL 0565477 PROFESSIONAL r\FFILIA TIONS . Southern Buiiding Code Congress International, Inc. (SBCCI) . Realtor Association of Greater Fort Lauderdale . Florida National Association of Realtors . Builders Association of South Florida (BASF) . Latin Builders Association . National Association of Home Builders Agenda Item No. 8e May 22, 2007 Page 53 of 84 BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO ESTABLISH THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT I AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER I, Richard Hans, of Gove=ent Management Serviced-South Florida, LLC, being duly sworn, do hereby state for my affidavit as follows: 1. I have personal knowledge of the matters set forth in this affidavit. 2. My name is Richard Hans and I am a managing member of Gove=ent Management Services-South Florida, LLC. 3. The prepared, written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of the Falls of Portofino Co=unity Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at the Falls of Porto fino Co=unity Development District establishment hearing on . 2005, my oral answers would be the same as the written answers presented in my pre-filed testimony. A.genda :tem No. 8e May 22, 2007 Page 54 of 84 5. My pre-flied testimony generally addresses the nature of the services and facilities to be provided by the proposed Falls of Porto fino Connumty Development District, the truth and accuracy of the Petition to establish the proposed District, and compliance V\~th the factors to be considered in the establishment of a connumty development district. Under penalties of peIjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this 7 day of (etJ~""tr'/ I , 2005. ~u~ /' ~ ./ SWf~ TO and SUBSCR1!>ED before me by the Affiant, on this yp-ti!AkJ / ,200). 11),1,. . day of ,"~1.\~"~"" i~)'''''1:-', PAT71 POWERS [;.(lll' f:j MY COMMISSION I DO 421651 ':i,'~>S T:: !\XPIRES: Augusl22, 2009 '!;i"". ' 1:t\ti~Thru Notary Plt.llic Und2rwnt21! () tu;<<0 No~ Public State of Florida ~ThttL' PoWw-, Typed Name of NotaI)' Public Personally Known \/' Type Identification produced Agenda Item No. Be May 22, 2007 Page 55 of 84 TESTIMONY OF RICHARD HANS 1. Please state your name and business address. Richard Hans, 570 I N. Pine Island Rd., Suite 370, Ft. Lauderdale, FL 33321 2. By whom are you employed and in what capacity? Governmental Management Services-South Florida, LLC Managing Member 3. And what is the nature of your firm's business? Providing management and consultant services to Community Development Districts. 4. Please describe your experience and credentials, including your current employment. I am currently employed by Governmental Management Services-South Florida, LLC. I have been involved in all aspects of managing Community Development Districts over the past six years; I have provided accounting services, field management and administrate management services, acted as special assessment administrator, and methodology consultant. I have been Secretaryl Assistant Secretary for over 100 community development districts. 5. Please describe your educational background, with degrees earned, major areas of study, year of degree, and institutions attended. I received my Bachelor of Science degree in Natural resource Management from Rutgers University in 1984. I earned my Master of Science degree in Forest Biometrics from Virginia Tech University in 1986. 6. Do you hold any professional designations or certifications? Community Association Manager 7. Are you a member of any professional associations? Florida Association of Special Districts 8. Prior to your current employment, by whom were you employed and in what position? Severn Trent Environmental Services, Inc. - District Manager 9. Have you previously worked with other CDD petitions? Have you previously prepared a Statement of Regulatory Costs ("SERC")? Yes. I have prepared the Statement of Regulatory Costs for numerous Community Development Districts. 1 O. Have you ever been qualified as an expert in the preparation of such testimony regarding Community Development Districts? Yes, most resently for the Tesoro Community Development District established by I f;., l~-mda Item ~Jo. Be - ~A8Y 22, 2007 Page 56 of E:4 the Florida Land and Water Adjudicatory Commission. 11. Please summarize your previous work experience relating to CDDs and special districts in general. See question 4 12. Where in Florida are the districts with which you have worked? I currently manage Districts in Collier, Lee, Miami Dade, Broward, Palm Beach and St. Lucie County. I have certified the non ad valorem assessmeut roll and served as Secretary/Assistant secretary for Districts in Brevard, Charlotte, Clay, Flagler, Hillsborough, Lake, Leon, Manatee, Orange, Osceola, Pasco, Polk Sarasota, and St. Johns Counties 13. Please list the proceedings in which you have been qualified as an expert witness regarding the establishment (including contractions and/or additions to) of CDDs and the operation and management of CDDs I have acted as an expert witness in the bond validation process fDr CDpper Oaks CDD, Orchid Grove CDD, MDnterra CDD, East HDmestead CDD, Vizcaya in Kendall CDD, Stonegate CDD, SDuth Kendall, and PDrtDfino Isles CDD 14. Do you consider yourself au expert in ecouomic analysis and forecasting in regard to CDDs? Yes, I consider myself an expert in the eCDnDmic analysis Df CDDs. 15. Are you familiar with the geographical areas, type, and scope of development and the available services and facilities within the Falls of Portofino CDD? Yes. 16. Are you familiar with the Petition filed to establish the Falls of Porto fino CDD? Yes. 17. What has been your role with respect to the Petition to Establish ("Petition") Falls of Portofino Community Development District ("Falls of Portofino CDD)? I have prepared the SERC 18. Please generally describe each of the exhibits attached to the Petition. Exhibit I - LDcatiDn Map Exhibit 2 - Legal DescriptiDn Exhibit 3 - LandDvmer CDnsent Exhibit 4 - Existing land uses map fDr lands within and abutting the prDpDsed District. Exhibit 5 - PropDsed land uses within the District Exhibit 6 - PropDsed develDpment plan fDr the property within the District Exhibit 7 - Existing majDr water mains and sewer connections, alDng with major outfall canals and drainage systems fDr lands within the prDposed District Exhibit 8 - Services and facilities tD be provided by the District Exhibit 9 - Time table to construct the District facilities Exhibit 10 - Statement DfEstimated Regulatory Costs. 2 Agenda Item No. 8e May 22, 2007 Page 57 of 84 19. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date your prepared testimouy is filed? Yes. 20. Why is Falls of Porto fino petitioning for an ordinance to establish the Falls of Porto fino CDD? Forming a community development district to deliver community development services and facilities is the best alternative available. Only the residents of the District and no one outside the boundaries of the district will be financially impacted. The District will also provide a perpetual entity to provide for the ongoing operations and maintenance of the facilities providing for a higher level of service to the residents than may otherwise be available. Let me ask you a few questious about certain opinions you may have based on your experience in CDD management, real estate development and the development of lands within the Falls of Portofino CDD in particular 21. Based on your experience in CDD management, do you have an opinion as to whether the proposed Falls of Portofino CDD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes 22. What is the basis for your opinion? Previous experience. 23. Based on your experience, do you have an opInIOn as to whether Falls of Portofino CDD is the best alternative available to provide community development services and facilities to the area that will be served? Yes. 24. What is your opinion and the basis for it? The development of the land within the CDD will require the construction of substantial public infrastructure improvements and the ongoing maintenance of these improvements. The CDD is authorized by Chapter 190, Florida Statutes to plan, finance, construct, operate and maintain community-wide infrastructure. The CDD can access the tax-exempt public capital markets and finance the improvements at a lower cost than through developer funding. The District also has the ability to assess the property within the District providing for the ability to fund large capital improvement projects that other entities could not. The District's ability to collect its funds through special assessments collected on the Collier County Property Tax Bill assures a reliable revenue source for the ongoing maintenance of the District. This provides for the CDD to be more effective than an HOA in maintaining the improvements. The CDD Board is controlled by the 3 .L,~lenda item No. 8e " M8Y 22, 2007 Page 58 of 84 landowners and eventually the residents, so the residents can determine the level of service to be performed. A CDD is a local unit of government which operates under the Sunshine Laws and must follow specific guidelines. This local control and oversight would make the CDD a more appropriate entity to provide the community development services, than even the general purpose government which needs to deal with a variety of other issues. The reason stated above; lower financing cost due to access to the tax exempt market, a consistent revenue source by the CDD's ability to utilize the services of the Collier County Tax Collector, District residents having control, removing the burden from general purpose government are all important reasons as to why a CDD is the best alternative to provide community development services and facilities. 25. Based on your experience, do you have an opinion as to whether the services and facilities to be provided by Falls of Portofino CDD will be compatible with the uses and existing local and regional facilities and services? Yes. 26. What is your opinion and the basis for it? The services are compatible and do not duplicate any available regional service or facilities. The infrastructure services and facilities are required by development agreements governing the property. 27. Based on your experience, do you have an opinion as to whether the area to be included within Falls of Portofino CDD is amenable to being served by a separate special district government? Yes 28. What is the basis for your opinions? The size and compactness of the land to be included in the CDD lend itself well to being serviced by a separate special district government. The District's scope is limited in the services and facilities it can provide and it does not compete with the local government. Turning to the economic exhibits and opinions, we will begin addressing portion of the Petition to Establish the Falls of Porto fino CDD boundaries that relate to certain economic analysis matters, including the exhibits aud your expert opinions on economic analysis issues. 29. Are you familiar with the S.E.R.c.? Yes. 30. How familiar? I prepared the SERC in accordance with statutory requirements 31. Are there any corrections required? No. 4 Agenda Item No 8e May 22. 2007 Page 59 of 84 32. In general terms, please summarize the economic analysis yon have preseuted in the SERe. Following the requirement of F.S. 120120.541 (2), all required analysis has been performed. A good faith estimate of the number of individual or entities required to conform to the rule, and a good faith estimate of the cost to local and state government to enforce the rule and the affect on local and state revenues has been presented. It was found the processing costs are minimal and will be offset by the filing fee and there will no negative impact on state and local revenues. The facilities being provided are outlined and a good faith estimate of the cost to provide these facilities along with the entities which will be incurring the cost is also presented. Finally, an analysis on the impact on small businesses is provided. There will be no adverse affect on small businesses. Collier County is not considered a small county, therefore a analysis for the impact on the county is not required. 33. Please describe briefly the data and methodology you used in preparing the SERC and related analysis. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Turning now to the state and local comprehensive plan criteria of Section 190.005(1)( e)2., do you have an opinion as to whether the establishment of Falls of Portofino CDD is inconsistent with any applicable element or portion of the State Compreheusive Plan? 34. What is your opinion? It is my opinion that the establishment of Falls of Portofino is not inconsistent with any applicable element or portion of the state comprehensive plan. 35. What is the basis for that opinion? I have reviewed the 25 specific goals and policies of the State Comprehensive Plan, (Chapter 187, Florida Statutes) and did not find any inconsistency the establishment of the CDD would have the goals and policies of the plan. 5 .A,gen~a Item r~o. Be r~ay 22. 2007 Page 60 of 84 36. What is Subject 15 aud why is it relevant? Subject 15, entitled Land Use, recognizes the importance oflocating development in areas that have the fiscal abilities and service capacity to accommodate growth. It is relevant because CDDs are designed to provide infrastructure services and facilities in a fiscally responsible manner to the areas which can accommodate development. The Falls of Portofino CDD will have fiscal capability to provide the specified services and facilities within its boundaries. 37. What is Subject 20 and why is it relevant? Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan provides that governments shall economically and efficientiy provide the amount and quality of services required by the public. The proposed Falls of Portofino CDD will be consistent with this element because the proposed Falls of Portofino CDD will continue to: (i) cooperate with other levels of Florida government; (ii) be established under uniform general law standards as specified in Chapter 190, Florida Statutes; (iii) be professionally managed, financed, and governed by those whose property directly receives the benefits; (iv) not burden the general taxpayer with costs for services or facilities inside Falls of Porto fino CDD; and (v) plan and implement cost efficient solutions for the required public infrastructure and assure delivery of selected services to residents. 38. What is Subject 25 and why is it relevant? This subject calls for systematic planning capabilities to be integrated into all levels of government throughout the state, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. The proposed Falls of Portofino CDD will be consistent with this element of the State Comprehensive Plan because: (i) the proposed Falls of Portofino CDD will systematically plan for the construction, operation and maintenance of the public improvements and the community facilities authorized under Chapter 190, Florida Statutes, subject to and not inconsistent with the local government comprehensive plan and development regulations; (ii) Falls of Portofino CDD meetings are publicly advertised and are open to the public so that all Falls of Portofino CDD property owners and 6 Aaenda Item No. 8e " May 22, 2007 Page 61 of 84 residents can be involved in planning for improvements; (iii) Section 189.415, Florida Statutes, requires Falls of Portofino CDD to file and update public facilities reports with the County, which it may rely upon in any revisions to the local comprehensive plan. 39. Are there any other subjects within the State Comprehensive Plan which are relevant? Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of Subject 17 relate to (i) protecting investments in existing public facilities; (ii) providing for planning and financing for new facilities, (iii) allocating the costs of new public facilities on the basis of the benefits received by future residents; (iv) implementing innovative but fiscally sound techniques for financing public facilities; and (v) identifYing and using stable revenue sources for financing public facilities. 40. Do you have an opinion, as SOIDeoue with expertise in planning, as to whether the establishmeut of Falls of Portofino CDD is inconsistent with auy applicable element or portion of the Collier County Comprehensive Plan? Yes. 41. What is that opinion? The establishment of Falls of Porto fino CDD is not inconsistent with any applicable element or portion of the Collier County Comprehensive Plan. 42. What is the baisi for this opinion? Chapter 190, Florida Statutes, prohibits any community development district from acting in a way inconsistent with the local government's comprehensive plan, and the exercising of any power must be done with the comprehensive plan in mind. Thus, any activities of the CDD must be in compliance with County procedures and the use of those powers granted to the CDD does not make it inconsistent with the local Collier County Comprehensive Plan. I have examined the Future Land Use Element (FLUE) of the Collier County Plan and the proposed land uses within the proposed CDD are consistent with the authorized uses contained in the FLUE 43. Does this conclude your testimony? Yes. 7 AJenda item No. Be ~ May 22, 2007 Page 62 of 84 BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO ESTABLISH FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRlCT f AFFIDAVIT ADOPTING \VRITTEN. PRE-FILES TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER I, David R. Underhill, Jr., P.E., of Banks Engineering, Inc., being first duly sworn, do hereby state for my affidavit as follows: I. I have personal knowledge of the matters set forth in this affidavit. 2. My name is David R. Underhill, Jr., P.E., and I am a Registered Professional Engineer employed by Banks Engineering, Inc. 3. The prepared, 'written, pre-filed testimony, submitted under my name to Collier County relating to 1he establishment of the Falls of Portofmo Co=unity Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at the Falls of Portofino Community Development District establishment hearing, my oral answers would be the same as the written answers presented in my pre-filed testimony. 5. My credentials, experience and qualifications concerning my work \\~th land development projects as a professional engmeer are accurately set forth in my pre-filed testimony. 6. My pre-filed testimony generally addresses the nature of the services and facilities to be provided by the proposed Falls of Portofino Community Development District, the truth Agenda Item No. 8e May 22, 2007 Page 63 of 84 and accuracy of the Petition to establish the proposed District, and compliance with the factors to be considered in the establishment of a community development district. 7. My testimony has been revised to correct minor typographical and grammatical errors. Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this 4th day of November, 2005. f)sJ(Z.~ David R. Underhill, Jr., P.E. SWORN TO AND SUBSCRIBED before me by the Affiant, on this 4th day of November, 2005. .';.~i~t"" Lin~a Socolow i',<i~.,,;\,'6'o Com.mlSslon #DD201844 ;~:. \:):;= ExpIres: May 17,2007 ~};.~... 'o~~"'~ Bonded Thru ~,. QFf~ \" '1111,\1\ Atlantic Bonding Co..lnc. ~M~(J-{-(~ iJ Notary Public State ofFloridli LJAJil.f Soc<'\ca (J Name ~ Personally KnO'wn Type of identification produced 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ')- ~) 26 27 28 29 30 31 32 "" ~~ 34 35 36 37 38 39 40 41 42 43 44 45 46 47 .A~enda item No. 8e , May 22,2007 Page 64 of 84 TESTIMONY OF DAVID R. UNDERHILL. JR., P.E. 1. Please state your name and business address. My name is David R. Underhill, Jr., P.E.. My business address is 6640 Willow Park Drive, Suite B, Naples, Florida 34109. 2. By whom are you employed and in what capacity? 1 am currently employed as a professional engineer with Banks Engineering, me.. and I am a Vice President of Banks Engineering, me.. 3. And what is the nature of your firm's business? Banks Engineering, Inc. provides engineering, survey/mapping, land planning and design services to private developments and government clients. 4. Please describe your experience and credentials, including your current employment. I am a Registered Professional Engineer in 1he State of Florida with over 15 years of engineering experience. 5, Please describe your educational background, with degrees earned, major areas of study, year of degree, and institutions attended. I graduated from the University of Florida with a Bachelor of (Civil Engineering) Science Degree in ] 988. 6. Do you hold any professional designations or certifications? I am a Professional Engineer in the State of Florida, P.E. #47029. 7. Are you a member of any professional associations? I am no longer an active member of any professional associations. 8. Prior to your current employment, by whom were you employed and in what position? I was employed as a Professional Engineer for Agnoli, Barber & Brundage. 9. Do you consider yourself an expert in civil engineering? Yes. 10. Please describe your experience with civil engineering relating to commuuity devclopmcnt districts ("eDDs") and special districts. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 11. 12. 13. 14. 15. 16. 17. 18. 19. Agenda Item No. 8e May 22, 2007 Page 65 of 84 I have provided engineering services to several CDDs throughout my career. I currently serve or have served as CDD Engineer for the Cedar Hammock CDD, Parklands West CDD and the Lee Parklands CDD. Do you consider yourself an expert in civil engineering, capable of rendering expert opinions on CDDs, and specifically on infrastructure for CDD services? Yes. What has been your role with respect to the Petitiou to Establish ("Petition") City Gate Community Development District ("Falls of Porto fino CDD")? My firm has provided civil engineering and consultation services to the proposed CDD. Are you familiar with the Petition filed to establish Falls of Portofino CDD? I have reviewed the Petition and its attachments, and I am familiar with the materials. Have you reviewed the contents of the Petition? Yes. Are there any changes or corrections to the Petition at this time? No. Are there any changes or corrections to any of the exhibits attached to the Petition at this time? No. Are you generally familiar with tbe geographical areas, type, and scope of development and the available services and facilities withiu Falls of Portofino CDD? Yes. 1 am familiar with the area within Falls of Portofino CDD ("CDD Area"). I am also familiar with the services and facilities available within Falls of Porto fino CDD. Please provide us with a brief description of Falls of Portofino CDD bouudaries and location? The proposed Falls of Porto fino CDD is 68:10 acres, as described by the sketch contained in the Petition. It is located approximately one (1) mile west of Collier Boulevard, immediately north of Vanderbilt Beach Road and immediately west of the Island Walk DRl. Please describe Exhibit "1" (i.e., location map); Exhibit "2" (sketch and metes and bounds legal description of the boundaries of District); and Exhibit "3A-3C" (i.e., map of the proposed stormwater sewer interceptors and outfalls, map of proposed water mains and force mains, and the map of the existing infrastructure) of the Petition. 2 I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Agenda Item r lo. 8e May 22, 2007 Page 66 of 84 Exhibit 1 shows the location of the CDD Area within Collier County. Exhibit 2 - is a sketch of 1he 68x acres dated March 29, 2005, and describes lands to be included in Falls of Porto fino CDD. Exhibit 3A-3C - are maps prepared by Banks Engineering, Inc. showing the master water management plan, the conceptual master potable water distribution plan, and the conceptual wastewater collection plan. 20. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date your prepared testimony is filed? Yes. Let me ask you a few questions about certain opinions you may have based on your experience with CDDs, civil engineering, real estate development, and the development of lands within Falls of Portofino CDD in particular. 21. Based on your experience, do you have an opiuion as to whether the proposed Falls of Portofino CDD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes. 22. What is your opinion? Based on my previous experience and review of 1he Petition and exhibits thereto, the proposed Falls of PortDfinD CDD is of sufficient size, compactness and contiguity to be developed as a functional interrelated community. 23. What is the basis for your opinion? A "community" should be defined as a group of individuals who are linked by common social, political or economic interest. Community governments provide people with those facilities and services they desire to have in the community. These involve the need for acceptable shelter and security for the welfare of the community as well as the physical elements including the land uses, roads, park/open spaces and other public facilities and services which lend comfort and convenience to the members of the community. These elemen1s relate to each other to make the community function. From the planning perspec1ive, the term "functional in1errelated community", means that each community function has mutual relationship to the other. Each function must be designed to contribute to the development or maintenance of the larger whole, or as used here, the community. Using the understanding outlined above of a "functional interrelated community", I can determine whether 1he actual physical area ofthe District would function to provide infrastructure to the proposed community development raises any problems as to size, compactness or contiguity. The size of 1he land area for the community development is approximately 68 acres. In my opinion, the size is sufficient to accommodate the permitted land use and the required, interrelated infrastructural facilities and services, and is therefore adequate to , ~ I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 _48 9 :50 51 24. 1- -::0. Agenda Item No. Be May 22. 2007 Page 67 of 84 meet the intended purpose of the development. In addition, the size is sufficient to operate as a community because it has been master planned to be efficient in land utilization, to provide for all land uses necessary to be physically, and socially self sustaining. The teoo "compactness" is related to the closeness in distance between the lands within the development. Having reviewed the District, I find that the development area within The Falls of Portofino CDD is very compact and has no major obstacles separating the land uses. In my opinion, therefore, the land area within the proposed community development which the District would service is sufficiently compact to be a functional interrelated community. Contiguity is another spatial term which describes lands which are adjacent, where all areas in actual contact or are separated by no more that a road or street. The land area which will be services by The Falls of Portofino Community Development District is, I believe, sufficiently contiguous to be a functional interrelated community and allows for the efficient provision of infrastructural systems, facilities and services. Based on your experience, do you have an opinion as to whether Falls of Portofino CDD is the best alternative available to provide community development services and facilities to the area that will be served? Yes. What is your opinion and the basis for it? From a planning prospective there are three alternative ways to provide basic systems, facilities and services to the community development on this property in Collier County. The first is private, through developer managed improvements, separate priva1e infrastructural contractors, a private utility company, a homeowner association, or any combination of these priva1e means of providing community development services and facilities along with related financing powers. The second alternative is public either through County management and financing through dependent districts, or through County management with fmancing by the use of County Municipal Service Taxing Units (MSTU), or County Municipal Service Benefit Units (MSBU). Finally, the third alterna1ive is also public but through the specialized but limited Community Development District provided for by Chapter 190, Florida Statutes, which coincides with both public and private interests and capabilities. Planning considerations needed to deteooine the best alternative to deliver basic infrastructure to community developments are the following: whether the alternative is able to provide the highest quality systems, services and facilities; whether the alternative is capable of delivering the facilities, system and services in a timely manner when the community development service and facility demand occurs; whether the alternative has a means of management to be responsive to the community development over the long teoo; and whether the alternative could obtain and maintain long-teoo financing to facilitate the management benefits. The supply of infrastructure in advance of the impacts of the actual development, concurrency, is an importation consideration. In this regard, it is vital to have an understanding of the community development infrastructure commitments during the 4 1 2 " .0 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 28. "" .oj 34 35 36 37 38 39 29. 40 41 42 43 44 45 46 47 48 49 50 51 ?aenda Item No. 8C " r""ay 22, 2007 Page 'S8 of 84 master planning process to properly and efficiently phase the construction of the community development facilities. This allows a full utilization of facilities before new branches of these facilities are constructed. The statutory District reporting mandates can be utilized by Collier County as a concurrency management mechanism to implement applicable provisions (i.e., Future Land Use Element, Capital Improvement Element, etc.), of its Growth Management Plan. The Community Development District alternative means of providing community development systems, facilities and services allows for a superior cooperative concurrency management program between the county general purpose government and the District special purpose local government and the private landowner and developer. 26. Based on your experience, do you have an opinion as to whether the services and facilitics to be provided by Falls of Portofino CDD will be compatible with the uses and existing local and regional facilities and services? Yes. 27. What is your opinion and the basis for it? I have reviewed the land area on which the District will be established to determine if there are an regional systems, services or facilities which through their existence may be problematic related to District functions, and found no such facilities. Therefore, no problems would be created. Further, by legislative mandate all actions and implementation of any or all of 1he District powers are governed by and must not inconsistent with Collier County's Comprehensive Plan. This insures compliance with Collier County land development regulations and concurrency requirements. Based on your experience, do you have an opiuion as to whetber the area to he included within Falls of Portofino CDD is amenable to being served by a separate special district government? Yes, I do. It is my opinion that the area designated to be included in Falls of Portofino CDD is amenable to continued existence as a separate special district government. What is the basis for your opinions? I have reviewed information about the District from this prospective and have determined that the terminology "separate special district-governance" means governance, established by law through petition and votes by the Board of County Commissioners, with limited infrastructure management special functions and related powers to levy taxes to special assessments and issue bonds within a legally defined geographical area. The District, if established, would be a special district government. The term "amenable" can be defined to be an appropriateness for accountability, or responsive. Having determined that the land area is of sufficient size, and is sufficiently compact and sufficiently contiguous to be functional as an interrelated community, I then considered whether that land area is also amenable to being governed by the Community Development District as set forth in its uniform charter to Section 190.006 through 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,- 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 30. 31. 32. 33. 34. Agenda Item No. 8e May 22, 2007 Page 69 of 84 190.041, Florida Statutes. I have reviewed this subject from the potential exercise by the Dis1rict of any and all of its special powers in that charter. In my opinion, the land area for the District is amenable to special district governance because the land area proposed to be established as a District has the need for the services and would benefit from the facilities that the special district would provide and though my previous findings, the land area is sufficient size, sufficiently compact and contiguous to be a functional interrelated community. Turning now to the state and local comprehensive plan criteria of Section 190.005(1)(c)2., do you have an opinion as to whether the establishment of Falls of Portofino CDD is inconsistent with any applicable element or portion of the State Comprehensive Plan? Yes. What is your opinion? It is my opinion that the establishment of Falls of Porto fino CDD is not inconsistent with any applicable element or portion of the state comprehensive plan. What is the basis for that opinion? I have reviewed, from a planning perspective, the State Comprehensive Plan, particularly those portions which relate to CDDs. The State of Florida Comprehensive Plan (Chapter 187, Florida Statutes) "provides long-range policy guidance for the orderly social, economic, and physical growth of the state." From a planning perspective, four subjects, subject 15, 20, 25, and 17 of the State Comprehensive Plan are relevant to the establishment ofa CDD. What is Subject 15 and why is it relevant? Subject IS, entitled Land Use, recognizes the importance of locating development in areas that have the fiscal abilities and service capacity to accommodate grov.1h in an environmental acceptable manner. It is relevant because CDDs are designed to provide infrastructure services and facilities in a fiscally responsible manner to the areas which can accommodate development. The establishment of Falls of Portofino CDD will not be inconsistent with this goal because Falls of Porto fino CDD will have the fiscal capability to provide the specified services and facilities within its boundaries. Some environmentally sensitive areas are located wi1hin the CDD area. These wetland areas are mostly being preserved and enhanced and incorporated into the development plan to help protect natural resources, water supply and wildlife habitat. What is Subject 20 and why is it relevant? Subject 20, entitled Governmental Efficiency of the Sta1e Comprehensive Plan provides that governments shall economically and efficiently provide the amount and quality of services required by the public. The proposed Falls of Portofino CDD will be consistent with this elcment because the proposed Falls of Porto fino CDD will continue to: 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 35. 36. t\Clenda item No. 8e ~ p,,~ay 22. 2007 ?a;}8 70 of 84 (i) cooperate with other levels of Florida government; (ii) be established under unifonn general law standards as specified In Chapter 190, Florida Statutes; (iii) be professionally managed, financed, and governed by those whose property directly receives the benefits; (iv) not burden the general taxpayer with costs for services or facilities inside Falls of Porto fino CDD; and (v) plan and implement cost efficient solutions for the needed public infrastructure and assure delivery of selected services to residents. You also mentioned Subject 25. What is this and why is it relevant? This subject calls for systematic planning capabilities to be integrated into all levels of government throughout the state, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. The proposed Falls of Porto fino CDD will be consistent with this element of the State Comprehensive Plan because: (i) the proposed Falls of Portofino CDD will systematically plan for 1he construction, operation and maintenance of the public improvements and the community facilities authorized under Chapter 190, Florida Statu1es, subject to and not inconsistent with the local government comprehensive plan and development regulations; (ii) Falls of Portofino CDD meetings are publicly advertised and are open to the public so that all Falls of Portofino CDD property owners and residents can be involved in planning for improvements. The CDD maximizes citizen involvement and planning of services needed and provided within the District. (iii) Florida Statutes, requires Falls of Porto fino CDD to file and update public facilities reports with the County, which it may rely upon in any revisions 10 the local comprehensive plan. These reporting requirements comply with the monitoring and enforcement requirements of the State Comprehensive Plan. Are there any other subjects within the State Comprehensive Plan which are relevant? Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of Subject 17 relate to (i) protecting investments in existing public facilities; (ii) providing financing for new facilities, (iii) allocating the costs of new public facilities on the basis of the benefits received by future residents; (iv) implementing innovative but fiscally sound techniques for financing public facilities; and (v) identifYing and using stable revenue sources for financing public facilities. In my opinion the Falls of Porto fino complies with the goals and policies of Subject 17. 7 1 2 " " 4 5 6 7 8 9 10 11 ]2 13 ]4 15 16 17 18 19 20 21 22 23 24 25 26 38. 39. 37. Agenda Item No. 8e May 22, 2007 Page 71 of 84 Do you have an opinion, as someone with expertise in planuing, as to whether the establishment of Falls of Portofino CDD is inconsistent with any applicable element or portion of the Collier County Comprehensive Plan? Yes. What is that opinion? The establishment of Falls of Portofino CDD is not inconsistent with any applicable element or portion of the Collier County Comprehensive Plan. Chapter 190, Florida Statutes, prohibits any community development district from acting in a way inconsistent with the local government's comprehensive plan, and the exercising of any power must be done with the comprehensive plan in mind. Thus, any activities of the CDD must be in compliance with County procedures and the use of those powers granted to the CDD does not make it inconsistent with the local Collier County Comprehensive Plan. I have examined the Future Land Use Element (FLUE) of the Collier County Plan and the proposed land uses within the proposed CDD are consistent with the authorized uses contained in the FLUE. Furthermore, the development within the Falls of Porto fino is subject to local zoning ordinances and development approvals which further assure compliance with local Comprehensive Plan requirements. Does this conclude your testimony? Yes. 8 l3 PRE:l'ARED 8Y AND RETURN TO: THOMAS G. ECKERTY. ESQUtRf 1273.4 Kenwood Lane, Sult~ B.9 Fort Myel'$, FL 33.907-5638 Agenda Ilem 1'<0. Be May 22, 2007 GREENi'IELD PA P ~Ad' 2 g~ 84 3489797 OR: 3659 PG: 1042 RJCORDlll in omC!AL UCllIllS ofiCOl.U!R coonr, 11. 10/11/1004 at Ol:IQPM DitCH! 1,IBROC1, CLERK , CORS WUOI.OO R1C FBB 11.CC DOC-.70 17388.00 . coml 1.00 . !iIiC 1,50 , 1a/~6/2aa4 11:54 5513525955 -ff~~-r~ '. .' '~ti'" <::iREr:::NFIELD, P.A. . ''1000 l.J'.I ;.;LMETTO PARK R!7'~ =>1 BOCA :t'ON,FL a3433 Fi~J.i't7u StrnpNo.: Rec.ordllig~ $ Documentary Stamps:; $ R.lnl S!!VRK a GPJJR1I!LD 7DG~ i PALKiI!O PAl! lD flGI BOCA P..I'O.. !L .mll -7<-1+ r>. _ I J ~ THIS WARRANTY DI'EiD made this -L- :-:a~y of ~ . 201)4, by MARK L. L.lNDNER, Trustee under unrecorded iand trust, dated Januwy4, 1 999, w~h fUll powera~d authority to protect, C<Jnserve, sell, lease, encumber or to otherwise manage and dispose oftheireal prope(ty described herein, as provided in F. S. 659,071 ' . whose post office address is cia 4099 Tamiami Trail, N, Naples, Flori~ 341 03, hereinafter called the Granti'r, to PRIME HOMES AT PORTOFINO FAU.S, L TO., a Florida IImit.d partnership, whose post office address is 21218 S\ Andrews Boulevard, SUite 810, Boca Raton, Florida 33483, heraln:i!fter . called the Grantee; , : WITNESSETH: That the Grantor, for and in considaration of ltle sum of Ten Dollar~ ($10.00) and clhervaiuable considerations, recelptwhereofls narebyacknow/eoged, hereby grants, bargain$, sells, alle)1s, remises, releases, C<Jnveysand confirms unto the Grantee all that certain land, situate in Collier County, $(ate of Florida, vi;:: '. S8& attaChed Exhibit "A" SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. THIS PROpeRTY 1$ NOT NOW NOR HAS EVER BEEN THE HOMESTEAD OF GR!'NTOR. TOGETHER v~th all the tenements, heredlt:lments snd appurtenances !hereto belonging or in anyWise appertaining; . TO HAVE AND TO HOLD the same In fea Simple forev.er.... :, . '.' . "f AND the Grantor hereby covenants with said Grantee tl1at.fhe G",;'lo( i1!,'la'wfoliy se~ed of said land is fee simp;..; !hat the Grantor has good right and lawful authdHty to. s.eUahQ c'on~ey said land, end hereby warrants the title to said land and will defene the same agaillst lij..laW!i.ii'claitns Ofallpersonswhomsoever and that said land is free of all encumbrances, except !ax~s a=oflj'ing'StIb.eqaent tb Deoember 31, 1999. ' .: . .. :.' .:".' $' , IN W1TNSSS WHEREOF, the said Grantor. has signee.and ssaled.these presahls the day and ~ear fir.:;t above written, . '.' . . . . ", ~ :.'...If". . ........~..::...':..:. ..J.J:t4 . .p~ ~ff"f;:- -- T --'.. -- .--- '-,- , T- " 10~06/2004 11:54 5513926955 GP.EENFIELD PA Agenda Item r"o 8e May 22, 2007 P~3 .,' 84 . '=<-'" c5 OR: 3659 ~G: 1043 {}1.t4'..il_ . e' </J~ MARK L. LINDNER, rustee under unrecord", land tru9~ dated Januaty 4, 1999 7 . .(%i ! .~ J . (//S;; PrinteQ name: r STATE OF FLOR~ . COUNTY OF . ~ . Ih . . The foregoing instrument was acknowle<iged betora me. this ']:bay of -'" _ fft~ , 2004, by M"r~ L. Lindner, Trustee, who is oerson.lly known la, me, OR Who produ<ied as identification, and who did! ot take an oath. : : ~ N~~'X Pu c ~I'~ D5110RAH K LE'MS V MY CCt.tMLSGtON ~ DO 2~ ~~tJH.l,~ EXpfFll:S:t1&Ct:lmcst1(,%lOT 1~NOiA."ff FL~DW:o\rdfo,u::c.Co.. Commission No.: MyCommissioo Expires: ."",'""".";" ~..., , "'" . ..-.... ...... '. o. .'..... ..... .' ..' i nl.t If It 0,> " ..~';.. ~ " . .! . . .:, ", r:'r\~ IrJ r l' :.~~. ~". -;:,;.P' ,', .... .~: . . ...... ':. . : ..'..- 'i~' ...~.....>:~~~.:~;::~':~ .'.<: ;:/ _'J ...... . .' .... ~.;.of'_' ., --I -~r-- " I " .. , 10{05/2004 11:54 5513926955 t.,genda Item No. Be May 22, 2'007 GREENFIELD PA 'jWj~ 7 ~~f 84 *** OR: 3659!PG: 1044 **t .., EXHlI3'T A The South one-half (S )1,) of tile Southeast one-quarter (SE 1/4) of the Southwest one.quarte'r (SW 1/4)iOf Se::tbli 34, Township 48 south, Range 26 East, of Collier County, Florida; less the road right-of-way for Vanderbilt Road. . .,.... ." .r:~' .C Book 2730 - Page 229 Prepilr'al wilbcut opinion by; Meiind;! P. Rlddlc. Esq. 2500 S, Airpon Road. Sit. 311 Naples. Florid.. ]4112 ttt 2698193 OR: 2130 PG: Q229 .tt UCORDlD ip OllIl:m nc01D$ of t~L.!Jn COUll'll, lL H!W2QOD d ~';Il?K RIm I. ERacr, CUI[ R!Cnr UQ DOC..10 .n AltD: KI!.UD1.f Ul!DIJ l500J.!RP0l1nSI!1l KAPL!SlLHll! WARRANTY DEED THIS INDENTURE, mad~ this --'.i.!.!L day of AUfurt, 2000. be/ween Gerardo Albmo Mcder05 anli Danis l..ulu. Mcdcro.~. husband and wife, GRA.NTOR. llJld DanIEl l.ulsa Mt'dcn/.~. Tnt!>I!:!:" nf lht Danil Medcr05 ~ccable Trust da1c:d August 15,2000. whose So.::i.lI1 So:1Jrity Number is 261~Il-62.7S (DLMl. and whcu:. pon om,,: addres.~ i.;: 698 SprinBJine Drive, Naples, Florida, 34]02. GRANTEE. WITNESSETH thaI said Granlor. for and in consii..krallon oflhe slI'm ofTEN DOLLARS, and other good a.'l.d VOIwable consideration to said Granlor in hand p.1id by said Grantee, the ~eipl wn~reOr:i5 herebr a:kncwledged, ha....e gnmed, bar&il.ined MId sold to the nil.! GranIte, and Grantee's heirs :md a:ssig.m: (ore...er, lhe folJowillE ot"$crjbed land, sill.lalc. lying and b::in; in Collkr ('o~nlY, FJomla, to-wit: . The Sowh IlaIf of me Nonhi!ilSl quancr of [he SIlUlhwe:sl. quaner of Sel:lion .14, TllWru.bip 48 Scn.1lh, Ran~ Z6 EssI: Subjcr::I ID c:"iMil1.j; n::mi\:l!nm. Ilnd lClu;:rvptinns. or rl!l:ord: lUlU Suhj~IIO an tzemCnl for publit' road rishl-of-W3): o...er An~ m:rl.lss Ihe EllSl 3<) fe~1' lhereof, Collier Cnl.lnt~.. Florida, SubjC:::ll0 easements: and rcslri::tioru.c:ommnn 10 the subdi\'ision; and real CSlllle lues For '" .rifJt'O Propat}' JdenlirK:aliOn Numher OO~ O(fl/ OCJ(1tf' and. said GranlordGCs hereby fully wamml.tlle lille to said land. ana will defend tbcsame against the lawMclalm5 of all p:r$Ons whomsoeyu. This. is a convcy.mcc 10 Gl1l1ller's R~ocabk Trusl: miniliU1m ducumcnlary slamfl.~ are rlfj"ed, IN WITNESS WHEREOF, Uu: Gramer has h~rc:un!o sel Granier's hand iUld seallhe day and }leu flm Ilbo...ewriuen. Siined, sealed UlQ deliyned in ollrpres=nce: ~' f~'''''L Wi III Print namcJaddres.s bclQII' .J-d!tfl,(/{; ///iI~./;; ))!idr.:"f( V Pcilllname/addrr:ssbeJow Gc1lll1.lo Albeno Mederos 698 Springlinc Drive Napk., FJorid:r. 34102 k~.n.;n 6/;{t1 )?1?/."!~._.t!?} Pritt! name/address b::low Bania Luisa Mederos 698 SpriClgHncDrtyc Naples, Florida 34102 STATE Of FLORIDA COUNTY OF COLLIER THEFOREGorNGinslnJm=ntw3Silcl;nowJroged~rorem:tnj$ r~l""" d.1yof '\""''''''''1 ,2000, by Gelilrdo Alber10 M~et1lS and Danm Luisa Mederos, hlUb-and ami wir!:, whe an; p:nonaUy known 10 me or w~,' I'...<lu.....d'thcif driv<<'.li~ liS i<Jcntili;;nioo lIJ1d who did 110t take an craib. My Commi.uion expires: ... \.~. \;.. '.......... 'L- Norary\PubliC CNoW}' Seal) (print nail1C lr.low) ..' :'. ~iJOlE ~~t.t' .... J)... on , I\!.. i'~~- :;:. L (,~ -..'"", 1"11\,- ~1I ""'" ""...",.""'" i~6'7'~ NT CO/.IMISStO~ t r-r 'i~m5 ....'A~J ~PlRS J~'r~~ ~I,),! ~~iS:.':l~" ~1W""..holcLt......" http://www.collierappraiser.comiviewer/Image. asp? Agenda Item No. Be , May 2:;j,2.Q.Ol of1 i Pag" 7tacli"Slt r , I , ! I I I I I I I , , I ! I ) i , , , 1 I , 1 i I I I I 1 I I I i I I ! I I 1 ! i , I 9/30/200~ I .-1 -. Book 3537 - Page 1015 Agenda It;;m No. 8e May 2;Paj;;1JJf of I Page 76 01 84 ~, .:J..' 3375194 OR: 3537 PG: 1015 mORDID in omcm moins of COLLIU CODl!!, IL 01/01/2001 at 10:34Al BlIGH! J. DiOC~, CLBlt , COIlS: !l3ZS1UI ac ~Bi 10.51 DOC.j1O mO.30 ietn: GOiIDL!m COLJI!Al if /J, 1001 !1XLlII !l . 1300 I1PL1S lL 3U03 TRUSTEE'S DEED THIS DEED, is made on ihis 3\ day ofMarcb. 2004, between WJLLIAML. HO()vER, individually and as Trustee of the Wolfe Ridge Land Trust u1a1d July 30, 2001 (the "Grantor"), and WOLF CREEK. ESTATES, LLC, a Florida limited liability company (the "Granfee"), whqse post office address is 3875 AiIportRoad North, Suite B-1, Naples, FL 34105. ' Grantor, in consideration of the sum ofTEN M'D NO/IOO DOLLARS ($10.00) arid other good and valuable considerations to said Grantor in hand paid by Grantee, the receipt and suB;iciency ofwmch is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns forever, the following described property, situated, lYing and tieing in Collier County, Florida, to wit . : North 1/2 of me Northeast 1/4 of me Soumwestl/4 of Section 3.4, Township 48 South, Range 26 East, all in Collier County, Flori~ Collier County Tax Folio Number: 00203600003 SlJBJECT TO: (a) real estate taxes for the year 2004 and subsequent ~ears; (b); special assessments levied by governmental authority (c) zoning, building code and, other use restrictions imposed by governmental authority; (d) outstanding o~, gas and; mineral interests of record, if any and (e) restrictions,reservations and easements' co=on to me subdivision, if any. i . Grantor represents and warrants that neither him nor his spous~ or any minor ch\ld thereo~ resides on the above described property or adjacent mereto and in fact resides at 5690 Waxmyrtl~ Road, Naples, FL 34109 and that the above described property does not constitute the ,bomestea~ of the Grantor. ! And said Grantor does hereby fully warrant the title to said land, and ....ill defend ~e same against me lawful claims of all persons claiming by, through or under Grantor, Qut no oth9r. Thls WIIWnCnt. Prc=parc:d. By~ Gregory L. Urbaricie:. Esq. t Goodle~. Coleman k Johnson: P.A. I http;//wwv-r.collierappraiser.comlviewerlImage.asp? " . - ,----~--'- I , I 1 i , I I I I I ! i i i I I I I I I I I 9/30/2005 I , -1- Agenda Item No. 8e I May 22. 2007 ! Page rPagei4 of Ii I , 1 3375195 OR: i 3537 pp: 1017 i mowlD in omCIAL BeOlllS of COLL1n COIlITf, 1Io GI/07/l0ot at. 10:31lK DilGE! I. BIOCJ, CLiRl , CORS mm5.00 DC ~IJ 10.50 DOc-i.l0 111<<.30 Book3537-Page 1017 :0 letu: GGODLlm COLJIII.I n n ' 100l fiJIAn 'Ii I 1m ; JAnIS lL 3m3 TRUSTEE'S DEED; THIS DEED, is made on this R day of March, 2004, between WTI.LJ;AM L HqOVER, individually and as Trustee of the Wolf Creek Land Trust dated the 26& day of July, 200i.(the "Grjmtor'?, and WOLF CREEK ESTATES, LLC, a Florida limited liability company (the "Granfee"), wh9se post office address is 3875 AUportRoad North, Suite B-1, Naples,FL 34105. ' Grantor, in conSideration of the sum ofTEN AND NOll 00 DOLLARS ($10.00) mid other good and valuable considerations to said Grantor in hand paid by Grantee, the receipt and sufficiency , ofwIDch is hereby acknowledged. has granted, bargained and SQld to the said aran;tee and <Jtantee's heirs, successors and assigns forever, the following descnDed property, situated, lying and being in Collier County, Florida, to wit: . The South 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 34, Township 48 South, Range 26 Eas~ subject to an easement forpublic road right-of-way over and across the East 30 feet thereofand the South 30 f~ thereof, Public Records of Collier Coun1y, Florida; ! AND The South 1/2 of the Southwest 1/4 of the Northwest 114 of Section 34, Township 48 South. Range 26 Eas~ subject to an easement for public r<;;ad right-of-way over and across the South 3D feet and the W cst 30 feet there~f, all in Collier County, Borida. ' ! Collier County Tax Folio Numbers: 00203800007 and 00204360009 , , SUBJECT TO: (a) real estate taxes for the year 2004 and subsequent!years; (b) special assessments levied by governmental authority (c) zoning, building code anq otheruse restrictions imposed by governmental authority; (d) outstanding qll, gas 204 mineral interests of record, if any and (e) restrictioIl$; reservations and easement" common to the SUbdivision, if any. . , Thi< lmuumont Pfq>=d By; : , , : i I I i 9/30/2005 i O.ogo", L. urbaGci.. Eoli. GoodJ'''''. Co1=lm &.1~ P.A. 4001 T"lliami 'fl:ail Nonb. SuI)< 300 Nap~, FL 3410~ . l?2.4m, : http://www.collierappraiser.com/viewerlImage.asp ? , I I I i I I I I I I , I I i I I I I I I I I i I , ! I , I .1 I j ; I I I I i I LAW OFFICES Aaenca item ~~o. 8e " May 22, 2D07 Paoe 78 ~f 84 MAURO & ANDERSON, P.A. " BILLING, COCHRAN, HEATH, LYLES, GREGORY T. ANDERSON CLARK.J. COCHRAN. .JR. W. TUCKER CRAIG SUSAN F. DELEGAL HAYWARD D. GAY THOMP.S C. HEATH GREGORY M. KEYSE:R GERALD L KNIG~IT DENNIS E. LYLES .JOHN VI, MAURO r<".ENNETH W. M~)RGAN,..IR BRUCE M RAI'-'..=;;:::Y KEVIN M VANNA,TA POST OFFICE sox 21627 FORT LAUDERDALE, FLORIDA 33335-1627 HAL B. ANDERSON MICHAEL V. BAXTER ERIC P. CZELUSTA VIVIAN H. FAZIO CAROL'), HEALY GLASGOW .JUSTIN D. GROSZ KERA E, HAGAN DANIEL L. LOSEY AUNE O. MARCANTONIO KRISTA K. MAYFIELD SHAWN B, McKAMEY .JOHN B. MOORES MICHAEL.J. PAWELCZYK T. CHRISTINE PEREZ ANDREW A RIEl"" PHILLIP W. THRON BSS 5 E. 3'''' AVENUE, SUITE 301 FORT LAUDERDALE, FLORIDA 33316 (SS4) 754_7150 FAX, (954) 764-7279 400 AUSTRALIAN AVENUE SOUTH. SUITE 500 WEST PALM BEACH. FLORIDA 33401 (561) 659.5970 FAX. (561) 659.6173 STEVEN F. BILLING \1947-1998) 3001 N ROCKY POINT DRIVE EAST. SUITE 200 TAMPA. FLORIDA 33607 (813) 281-4671 FAX; (813) 289-7748 PLEASE REPLY TO; FORT LAUDERDALE September I, 2006 Board of County Commissioners Collier County 3301 E. Tamiami Trail Naples, FL 34112 RE: Petition to Establish District Falls of Portofino Community Development District (Letter of Purpose) Members of the Board of County Commissioners: In connection with the pending Petition to Establish the Falls of Portofino Community Development District, we have been asked to identify the benefits to Collier County and its residents that will accompany the establishment of a community development district ("CDD") for the Falls of Portofino community. These benefits include the following: 1. The CDD will provide and maintain certain public infrastructure for the Falls of Portofino community. For example, the CDD will own the storm water management system serving the community, and, therefore, neither Collier County nor other public agency will be responsible for the maintenance of such infrastructure, 2. Only the residents of the Falls of Portofino community, who will be benefiting from the CDD financed infrastructure serving the Falls of Portofino community, will pay for such infrastructure. Thus, the public generally will bear no financial burden relating to the costs of installing such infrastructure. 3. Throughout the State of Florida, the establishment of CDDs has typically resulted in high quality, well-managed communities having a well-maintained Members of Board of County Commissioners September I, 2006 Page 2 Agenda Item No. 8e May 22, 2007 Page 79 of 84 infrastructure. The existence of such high quality, well-managed benefits the residents of those communities, as well as the surrounding communities and the public generally. communities residents of 4. The CDD will fund and maintain landscape buffers along Vanderbilt Beach Road and Pristine Drive (public roads). The CDD will also contribute to construction of turn lane(s) and traffic signalization improvements at the intersection of Vanderbilt Beach Road and Pristine Drive, if determined appropriate as a result of the pending traffic analysis concerning these roadways. These landscaping and road improvements will benefit the residents of the Falls of Portofino community, as well as the residents of surrounding communities and the traveling public generally. Accordingly, Collier County and its residents will benefit from this the establishment of the Falls of Portofino Community Development District. Should you require fu11her information, please do not hesitate to contact our office. We will also be available to answer questions at the public hearing by the Board of County Commissioners scheduled for October 10,2006, on the Petition to Establish the Falls of Porto fino Community Development District. cc: James V. Mudd, County Manager Marcia Kendall, Senior Planner Comprehensive Planning Department {00004496.DOC \'.2 8/28/2006 09:15 AM} Aoenda item No. 8e ~ May 22 2007 Page 80 of 84 COMMCNITY DEVELOPMENT DISTRICTS City 1 Acrea!!e I No. Established District Name County Uuits Palm 11/18/2003 Cypress Lakes Beach 52 107 Miami- 5/7 7/2005 Cres1view II I Dade 30 170 I I Miami- 10/1712003 Valencia Acres Dade 64 144 5/27120051 Islands at Doral -j I Townhomes I Doral 20 145 High Ridge/Quantum I Palm I 8/17/2004 Beach 16 155 I Miami- I I 9/19/2003 Riverside Park Dade 35 200 7/6/70051 I Bonita I I Bonita Village Springs _ 70 200 -n Miami I I 10/1 7/2003 Silver Palms Dade 48 I 201 II Miami- I ! 8/6/2004 Kendall Breeze West i Dade 26 ! 208 8/5/70031 Harbourage at I I Manatee I I Braden River 53 i 230 , I I I Porto fino Cove I i Fan I I I 10/16/2006 I I Myers 20 252 i 1 )/14/20061 I Portofmo Springs I I I I ! I Lee 17 i 200 I Miami- I i 8/6/2004 Summerville Dade 48 267 I Tree Island Estates I I Miami I lOll 7/2003 I Dade 86 274 91l 9/20051 I Catalina at Winkler I I Preser,e i Lee 111 282 10/1/2004Tl Copper Oaks ITLee , 29 292 1/18/20051 I Monterey I I Palm I I I i I Beach I 31 I 300 -:OOOO-lG5.5_DOC \.1 )0'10/2006 12:26 Pt\l: Agenda Item No. 8e May 22, 2007 Page 81 of 84 p PRIMEHO~"~~~~;~:p~~ April 30, 2007 Marcia Kendall Senior Planner, Comprehensive Planning Department Collier County 2800 Horseshoe Drive, Suite 400 Naples, FL 34104 RE: Falls of Portotino Community Development District Dear Ms. Kendall: On behalf of Prime Homes at Portofmo Fails, Ltd., a Florida limited partnership, the Petitioner in connection with the Petition to Establish the Falls of Portofino Community Development District (the "District"), please be advised that all landowners whose real property is to be included in the boundaries of the proposed District, have consented to the establishment of the District. 'These landowners consist of the Petitioner and all homeowners who have closed on the purchase of a home within the boundaries of the proposed District. If you have any questions, please fecl free to contact me. P liofu[o s Builders, Inc., a Florida corporation, eneral partner of Prime Homes at Porlofino Falls, Ltd., a Florida limited partnership 5555 Anglers Avenue #16 B Fort Lauderdale, FL 33312 Telephone (954) 392.8788 - Facsimile (954) 392-8748 www.primehomcbuilders.com AClenda Item [\lo. 8e " May 22, 2007 Page 82 of 84 ORDINANCE NO. 07-~ .'1.'\ ORDINANCE OF THE BOARD OF COU:'>iTY COMMISSIONERS OF COLLIER COUNTY, FLORIOA, ESTABLISHING THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; NAMING THE DISTRICT; I'ROVIOING STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONSE:'>iT TO SPECIAL POWERS; I'ROVIOING FOR CO:'>iFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; AND I'ROVIOI:'>iG AN EFFECTIVE DATE. V/HEREAS, Prime Home Builders has petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of the State of florida, to establish the Falls of Portofino Community Development District (District); and \\'HEREAS, the Board of ('ounty Commissioners, after proper published notice has conducted a public hearing on the petition and determined the following with respect to the factors to be considered in Section 190.cl05(1 He) Florida Statutes, as required by Section 190.005(2){c), Florida Statutes: 1. The petition is complete and meets the requirements of Section 190.005, Florida Statutes, and all statements contained within the petition are true and correct. 2. Estahlishment of the proposed District is not inconsistent with any applicahle element or portion of the local comprehensive plan of Collier County, known as the Collier County Gro\\,th Management Plan, or the State Comprehensive Plan. 3. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. 5. The community development ser\i'ices and facilities of the District ",'jll not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. The area that will he served by the District is amenable to separate special-district govemment. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COliNTY. FLORIDA that: SECTION O'\E; ACTHORITY FOR ORDINANCE This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other applicable provisions oflaw goveming county ordinances. SECTlO:'>i TWO: ESTABLlSH~lEI\T OF THE FALLS OF PORTOFINO COMMUNITY DE\'ELOP~1E'\T DISTRICT. The Falls of P0l1ofino Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attadled hereto and incorporated by reference herein. Agenda Item No. 8e May 22, 2007 Page 83 of 84 SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith desi,gnated to he the initial memhers of the Board of Supervisors: 1. Linda Socolow 21218 St. Andrews Blvd., #510 Boca Raton, Florida 33432 3. John Nelson 21218 St. Andrews Blvd. #510 Boca Raton, Florida 33432 2. Loraine Vanella 212i8 St. Andrews Blvd., #510 Boca Raton, Florida 33432 4. Joanna Fish 21218 St. Andrews Blvd. #510 Boca Raton, Florida 33432 5. Laura Cadiz 212]8 St. Andrews Blvd.. #510 Boca Raton. Florida 33432 SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the "Falls of Porto fino Community Development District." SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The Falls of Portofino Community Development District shall be governed by the provisions of Chapter ] 90, FI01ida Statutes, and all other applicable general and local law. SECTION SIX: CONSENT TO SPECIAL POWERS Upon the effective date of this Ordinance, the Falls of POltofino Community Development District will be duly and legally authorized to exist and exercise all of its powers as set forth in Section 190.012(1), Florida Statutes, and as otherwise provided by law. Any request for additional powers provided by Section 190.012(2), Florida Statutes, must come hy public petition to this Board. SECTION SEVEN: PETITIONER'S COMMITMENTS Petitioner, its successors and assigns, shaH (1) elect one resident of the District to the five member Board of Supervisors at such time as residents begin occupying homes in the District, and (2) record a Notice of Assessments containing the specific tenns and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. The Board shall retain any and all rights and remedies available at law and in equity to enforce Petitioner's commitments against Petitioner, its successors and assigns. SECTION EIGHT: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. 2 SL< {'HI' '\I'\E: 1""'!,l'S((l'\ 1"\ ':(lDE fW L\\\'S ,\\'"Il (J!Wj\,\:'\CLS Th,> 1']'(>\'1"11.'11' ni 1I1i, ()dl:1~ln"l' ,1\.11 h~LU:ll'~ ,:IH: h,' Ilid::k;~ 1';1": '.If !11t' endc' q! 1,:11'0,' ''1d Cli', 1I;,'c)ll'~', "1 ("plljn C(';]I1[\, j':I.lI'IJ" rho ('1;;';)_ II:c (j;,II1i;:fI' ," Ilia\' iw rC':lILillh';i('Lj ,.,' ; t"I!, rc'd II' ;lCe"I:I r' Ii ~Ii 'c L Ii ,'I Lei [I: [. \'.'< l1 d "( .,,1 i i ,; 11 ~l" ill ,I)' l'l ..~: ,II:.:' cd : (' ',,(', 'ti ,'Ii. " !C'k" "':'1'\ ('lh,>r:Ti''',,!VI:ill''' ,lid SEt' no'\ TE~: .Erl FeTl\!: D\.TE n;i~ ():,il:J .:L'_ 11.L1i hc:e,n"_' ,'II,',:II\c' 111"'11 ri,i:,' \'d1l1Ih" Flocr,,!;.! i)~i'~rI~lWIl1 oj' ,'i:;lll I'\,',:"[,D ;,yr, jd'L) ,\)l,)f'T!:1l ~\~ ik H,':lIJ ,>1 Cuunt\ ("'iilrill,;,i'illl"T'- "I C"ili(f '''1111\ 1..1('ild;"mi, ,1,1\"11 211117 .'\lllSI 1)\\](.lfll HI,,);'K lJ(l,,\J,n ()J- cnl,'NT'l C(\\l\JJSSlO'<ERS ('OU.ILIl COI 'NT\', )'l(jRlIl:\ 1'.\' __._,____ ,,, jil':lUI' ('1e'lk I \\lr5 C(ll J'TT,\, Ch'li':l,;lIl \nrf1"q'd a, 1(, lOll!] ;11:d.'[l>":P.1 .Jnll'ir':lfll~~Y !). f L:-;1-'L--- .t'~1JfC~':/~:~ I:":"::[;'~' ii" j(i;::r;;;,~"'~ "l;':l~.C:III~ A"I,U: 11: (-,"U'>I.': '\1 "',:1 " " 3 Agenda Irem No. 8e fv1ay 22, 2007 PaQe 84 of 84 EXECUTIVE SUMMARY .i\genda item No. 9A May 22, 2007 Page 1 of 9 APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint 1 person to fulfill the remainder of a vacant term, expiring on September 23,2010, to the Immokalee Beautification Advisory Committee CONSIDERATIONS: The Immokalee Beautifieation MSTU Advisory Committee had 1 term expire on September 23, 2006. This 5-member committee advises the Board of County Commissioners on the budget and related matters pertaining to the beautification taxing district. Members must be residents of the Immokalee Beautification Taxing District or a member appointed by a business located within the boundaries of the MSTU. Tern1s are 4 years. A list of the current membership is included in the backup. The term for Barnardo Barnhart expired on September 23,2006. Several press releases were issued and 1 resume was received from the following interested citizen: APPLlC~1\IT CATEGORY .Q.lliI ELECTOR ADV. COMM. I Andrea Hal man I Resides within MSTU ~ None COMMITTEE RECOMMENDATION: Andrea Halman - new appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confinning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 22, 2007 .- Page I of] COLLIER COt:NTY 8'JAR!::- OF COUNTY COMr>.~I~;SIONEP.S Item Number: Item Summary: Meeting Date: !';Jt>r:-m""enTOfrT",'lnller jt) t'lCiiITH1!.:Jkil;r1(' l3s<<'ut"lcallon.\dVI!;r)r\'C:cITI'Tlt:et> ['In O~; '" r\~ Prepared By Su"Frl"an E'''C:Ul'V'' Man<lgert(, (1',(, bee Date BCMd "fCaunt~ Commissioners B(:C O'f.ee AllproVl'dBy ,WInDS V. Mudd Count; Manuger Dute BOMdofCounty Commie.o1Oners Coul1ty M~I)~<l~r"s Office 51912007 BOg PM A,genca Item No. 9l\ May 22. 2007 Page 3 of 9 c-:o ... er C 4Junty '"'~ TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: April 30, 2007 SUBJECT: Immokalee Beautification MSTU Recommendation to the Board to fill vacant position The Immokalee Beautification MSTU has received and reviewed one application by the prescribed deadline for its vacancy due to a term expiring. Applicant was evaluated and interviewed based on the potential contribution to the Committee. The Committee recommends the following applicant for appointment to the vacant term as indicated below. NAME Andrea Halman TYPE OF APPOINTMENT New - Appointment TERM EXPIRES 9-23-2010 FIELD OF EXPERTlSEICA TEGORY Immokalee resident 6 months. Background - Ma<;ter's Degree in Education. Community Activities - none provided Please let me know you need any other information Transportation Services Division All. Transportation Modes Department - Agenda Item No. 9A lVIay 22, 2007 Page 4 of9 Immokalee Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Cherryle Thomas 377-0296 10/04/88 09/23/92 4 Years 1205 Orchid Avenue 657-5447 03/08/05 09/23/09 4 Years ImmokaIee, FL 34142 E-Mail: fn~r@aoI.com District: 5 Category: Resident in MSTU District Ms. Dorcas F. Howard 377-8604 03/28/89 09/23/92 4 Years 501 Eustis Avenue, P.O. Box 154 657-3492 03/08/05 09/23/08 4 Years Immokalee, FL 34143 E-Mail: District: 5 Category: Resident in MSTU District Mr. William Deyo 290-8011 1 1/28/06 09/23/10 4 Years .L-'_ P.O. Box 5204 657-6894 Immokalee, FL 34143 E-Mail: william _ deyo@yahoo.com District: 5 Category: Resident in MSTU District Mr. Barnardo Barnhart 657-3171 01/10/04 09/23/06 3 Years / 917 Laurel Street 229-6838 Immokalee, FL 34142 E-Mail: bbarnhart@f1oridacommunitybank.inc District: 5 Category: Resident in MSTU District Ms. Rita Avalos 334-4554 09/23/86 09/23/88 2 Years 1507 Eighth Avenue 657-7537 03/08/05 09/23/08 4 Years Immokalee, FL 34142 E-Mail: rita.ava1os@frls.org District: 5 Category: Resident in MSTU District L ,--,",::"::';,,""i*""!..'''''~-;Z:'':,.:.':::J<i:f.''';;'''ll'l:,=:",r.:..''''~""c:._::'. ""',',"~-.c"".=,P' "!".-:,~':;::;.;"';~' . ;""-1~::n:t~:>c~ .. "'C'.'-.!ll\""; ....,...~.._'.~' .-.;'.;''i'''O;-,_~==5,-.,-':::::,';;,,:a, Wednesday~ November 29, 2006 Pagel of2 Agenda Item No. 9A May 22 2007 Page 5of9 ( Immokalee Beautification MSTU Advisory Committee Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 5 member committee was created by Ord. No. 85-65, amended by Ord. No. 90-8 and 92-40 to assist the Board of County Commissioners in the business affairs of the Immokalee Beautification Taxing District, and prepare and recommend an itemized budget to cany out the business of the district for each fiscal year. Membership represents the population of the area within the Immokalee Beautification District. Ord. No. 2002-52 was adopted on 10/22/02 changing membership as follows: 4 members shall be pennanent residents within the MSTU and 1 member may be an owner of residential or commercial property with in the MSTU or may be an individual, an officer of a corporation, or a partner of a partnership. Tenns are 4 years. ( FL STAT 125.01 Staff: Tessie Sillery, Transportation Operations Coordinator: 213-5840 l 'w~tb,;sd;~ N:;~;:h;""29;;'2006~' .."~<'-' -~- -.,'..:",J";."",,,e:-;c' ",,<r.-"W;: >'.~'.-~'-" -'."'~';'''''--' ~",,"- Page 2 of2 MEMORANDUM Agenda Itern No. 9A May 22, 2007 Page 6 of 9 DATE: March 2, 2007 TO: Elections Office ~ Sue Filson, Executive Manager ' Board of County Commissione . FROM: 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. IMM BEAUTIFICATION ADVISORY COMMITTEE COMMISSION DISTRICT I'S1- 111 'lit " ;,"~ _lief Andrea Halman If tfC: 13 72 Lincoln Ct. J 1$/I{ii'l ,~." ,it' rjJ)l1 ImmokaIee, FL 34142 elf.. -1 /0 J; ~/ ~ Y'<:'.5 (sf-r- C0/) IOII-e I (~c{ . q 1"( (f,tn.T ~ I Thank you for your help. v ~ '/0', V ~ -07 r ",o^ ~ 5' MEMORANDUM ,A.~enja Item No. 9A - i/:ay 22 2007 ?':lge 7 of 9 DATE: March 2, 2007 FROM: Tessie Sillery, Transportation@eratiS Sue Filson, Executive Manage ' Board of County Commission , TO: RE: Immokalee Beautification Advisory Committee As you know, we currently have a 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: Andrea Halman 1372 Lincoln Ct. Immokalee, FL 34142 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 ~ ~~ At Advisory Board Application A gencPSge-,,1l'llf lJA r'/;ay 22, 2007 Page 8 of 9 filson_s From: dean09@erthlink.net Sent: Monday, February 12, 20077:42 PM To: filson_s Subject: New On-line Advisory Board Appiicatlon 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 7:42:12 PM. Name: !Andrea Halmanj Home Phone: 1239-657-34261 Home Address: 11372 Lincoln cd City: ~mmokaleel Zip Code: 1341421 Phone Numbers Fax: I Business: 1443-807-89971 e-Mail Address:~ean09@erthlink.ne~ Work Place: I How long have you lived in Collier County: I Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? IY e~ Board / Committee Applied for: IThe lmmokalee Beautification MSTU AdvisorvCommitte~ Category: !Not 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: 2/1 3/2007 . . . Advisory Board Application AgencP..a~rM 2JA May 22, 2007 Page 9 of 9 Please list your communi . activities: . one (moved to the count\' 6 months a '0). Education: !Masters in Social Wor~ 2/13/2007 EXECUTIVE SUMMARY Agenda Item No. 98 May 22, 2007 Page 1 of 10 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY AIRPORT AUTHOR1TY OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on August 10,2009, to the Collier County Airport Authority. CONSIDERA TIONS: The 7 member Airport Authority was created on June 22, 1993, by Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. Members ofthe Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least I member of the Authority appointed from each of the communities ofImmokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form I Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. Mr. Richard Schmidt resigned on February 25, 2007. A press release was issued and I resume was received from the following interested citizen: APPLICANT CATEGORY .QlliI F:LECTOR ADV. CO:\1M. I Franklin D. Secrest I A viatiol1. FAA I~ None COMMITTEE RECOMMENDA TION: Quasi-Judicial- no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confimling the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 22, 2007 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY Cor.1[~1ISSiONEP.S ::i8 'PP')lrtrnent 01 Illen':her to the C():I'€,i C~unti ,'\"rport , ,Ii~;crity ~;:'n/2Cr,' QO OG"M Page 1 of 1 !\:w;da No,D8 n. ;~~)G7 PiJgP 2 of 10 Prepared By Sue Fil~,on BCilrClofCounty Cotlllnjsslolwrs E~ccutiv(' Manager to the see D~te BCeQft'ce [l~to Approved By L"'''E Ochs.Jr BoarclofCounty Comm;ssloners Deputy County r.1anJger County M"n~ger'~ Office ~111120(}711:56 AM 2005 Mainsail Drive Ste. 1 Naples, FL 34114-8955 (239) 642-7878 Fax (239) 394-3515 W'INI_collieraviahon.com May 8, 2007 Sue Filson, Executive Manager Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Dear Sue, RE: Collier County Airport Authority Board The Collier County Airport Authority (CCAA) has reviewed the application for the above- referenced Board, and has concluded that the following applicant is qualified to serve as a member on the CCAA board. Applicant Area(s) of Expertise Franklin D. Secrest Aviation, FAA Please contact us at 642-7878 Ext. 34, if you need additional information from the Airport Authority. ~ Theresa Cook Executive Director OMli\fcolstandExecutiwe~t 2005 MalnYiI Drive Sle. 1 Naples. FL 34114-a955 (239)394-3355 (239)642-5427Fa~ o Immokalee RegionatAifpOO; 16SA.~BouIe>va'tl 1~.FL34'.2 (239)657-9CI03 (239)657.9191fftll o Everglade5AIIPllnc. PO Box 889 650EC,AJrpari<ROlId E'-'9lade9CityFL 34n9 (239)695-2na (239)695-3556fax Agenda Item No. 9B May 22, 2007 Page 4 of 10 Airport Authority Name Work Phone Home Phone Appt'd DateRe-appt Exp. Date 211dExpDate Term 2nd Term Mr. Michael Klein 355-6429 03/] 3/07 208 Allen Avenue; P.O. Box 5025 695-0595 Everglades City, FL 34139 E-Mail: ufuI9842@naples.net District: 5 Category: Mgmt; economics; engineering;E-Ci1y resident 08/10/09 2 Years Mr. Harold Mays ] 0/24/06 08/1 0107 2 Years 600 Collier Avenue 695-2864 Everglades City, FL 34139 E-Mail: District: 5 Category: Everglades City Resident Mr. Byron J. Meade 775-0623 06/08/04 08/10/05 I Year 1303 Cobia Court 77 5-0623 09113/05 08/10/09 4 Years Naples, FL 34102 E-Mail: jmeade6000@aol.com District: 4 Category: Business and Finance Mr. Richard Sclunidt ('€~\C(f'-e~ 01 09/13/05 08/10/09 4 Years 2786 Orange Grove Trail J.'~ 354-3490 Naples, FL 34102 E-Mail: rsclunidt1956@earthlink.net District: 5 Category: General Business Mr. Stephen L. Price 657-3171 08/10/93 08/10/97 4 Years 1400 N. 15th Street 657-1014 09/13/05 08/10/09 4 Years Immokalee, FL 34142 E-Mail: District: 5 Category: Pilot/FinancelBusinessman 'w~d:~~;r:;:'M;~~J,1:t2ooF~~l!-=CC 'c,~_':C:',__;'''''"'''__' "'1:".--==:, ~;:f;~Jj~;;:"""'"'" ';"'''''''''.''''='-'' .'.<~. J\oenda item No. 98 , May 22, 2007 Page 5 of 10 ( Airport Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. David R. Gardner 289-5862 03/13/07 817 Giralda Court 642-4410 Marco Island, FL 34145 E-Mail: annedavidl@earthlink.net District: 1 Category: Construction; eng & Aviation; M.L resident 08/10/11 4 Years Mr. Eugene J. Schmidt 383 Harbour Drive, #205 Naples, FL 34103 E-Mail: emailI@mindspring.com District: 4 Category: Aviation 642-7878 09/08/98 263-3444 12/15/04 08/10/99 08/10/07 1 Year 3 Years ( ","" ---- .-._- Wcd~es'daj\-Ma~~h-14.-ioi/7: -";"":;,,,:".';:;-,,.-,'i.C;W;.~~~' _ ";-.~'" '_.::,':~.{" -::.~ Page of 3 -- Agenda Item No. 9B May 22, 2007 Page 6 of 10 Airport Authority Name Work Pirone Home Phone Appt'd DateRe-appt Exp. Date 2ndExpDate Term 2nd Term This 7 member authority was created on June 22, 1993. by Ordinance No. 93-36. Members of the Authority shall be residents of eollier eounty with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resounce conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Isiand, and Everglades eity if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person hoiding elected office at the State, eounty, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. Tom Palmer, County Attorney 774-8400 Board meets 2nd Monday of each month FL STAT: 330 & 333 Staff: Theresa M. Cook, Executive Director, Airport Authority: 642-7878 (- .,.."'...."1:1' :;-.ffl'_', ;.f.""'~"., ~""""~'C::-__.;,C-.J."'-J~<'_=.,. Wednesday, March 14, 2007 ~_.,~~;.,..,. - ,":~":i..'-- '.''''.:I:."::,",,g'.:~ Pagel of 3 Agenda Item No. 98 May 22, 2007 ?age 7 of 10 MEMORANDUM DATE: May 7, 2007 TO: Elections Office , (\ 0/ Sue Filson, Executive Manager ff I Board of County Commissioners FROM: 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 ifthose listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. AIRPORT AUTHORITY COMMISSION DISTRICT Franklin D. Secrest 124 Wilderness Cay Naples, FL 34114 5 Thank you for your help. MEMORANDUM Agenda Item No. 98 May 22, 2007 Page 8 of 10 DATE: May 7, 2007 TO: Theresa M. Cook, Airport Authority Executive Director FROM: Sue Filson, Executive Manager---..OJ , Board of County Commission:rs.l"" RE: Airport Authority As you know, we currently have a 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. 1 have attached the applications received for your review as follows: Franklin D. Secrest 124 Wilderness Cay Naples, FL 34114 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 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 filson_s Page 1 of2 Aoenda item ~~o, 93 , lv1ay 22, 2007 PaJe 9 of 10 Advisory Board Application From: gladehawk@earthlink.net Monday, April 23, 2007 1 :32 PM .t: 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: 4/23/20071:31:57 PM. Name: !Franklin D. Secres~ Home Phone: ~39-389-43~ Home Address: 1124 Wilderness Ca~ City: lNaple~ Zip Code: 1341141 Phone Numbers Fax: [239-389-43731 Business: [239-289-56411 . e-Mail Address:~ladehawk0)earthlink.ne~ Work Place: jRetiredj How lon~ have you lived in Collier County: [Ig Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? Iv e~ Board I Committee Applied for: [collier County Airport Authorityl Cate~ory: [commissioner at Largd Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: oast Guard Aux.{Aviation Operations) Everglades City Pilots' Association Port of the Islands OmeOVllTIerS Associations Member Marco Island Presb terian Church Education: 4/23/2007 Advisory Board Application ~ -, . 4/23/2007 Page 2 of2 A P ,:=1 ip I 9B igh School Graduate Two Years College Airline Transport Pilot Ratings On B727,DClO,ffi:4i7.J1\) 007 AA Air Traffic Control Certified Weather Observer USAF Aircraft and Powe lant Page 10 f 10 Ex erience: Years USAF 4 Years FAA Air Traffic Control 30 Years Airline Pilot United Airline EXECUTIVE SUMMARY I\oenda Item No. 9C " May 22, 2007 Page 1 of 11 APPOINTMENT OF MEMBER(S) TO THE HABITAT CONSERVATION PLAN AD-HOC ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to serve on the Habitat Conservation Plan Ad-Hoc Advisory Committee with the ternl expiring on June 14, 2008. CONSIDERATIONS: The Habitat Conservation Plan Ad Hoc Advisory Committee has I vacancy. This committee was created on March 22, 2005, by Resolution No. 2005-174 and amended on February 14, 2006 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. TelIDs are 3 years. A list of the currcnt membership is included in the backup. There is currently I position vacant. A press relcase was issued and 1 resume was received from the following interested citizen: APPLICA.l\'T CATEGORY .!.illiI ELECTOR ADV. COMM. Elizabeth A. Wendt Bachelor of Al1s degree none COMMITTEE RECOMMENDATION: Elizabeth A. Wendt FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 22, 2007 Item Number: Item Summary: Meeting Date: Page 1 of 1 A9',ndi~ Itel'-I No. ~jC n. 2007 :'011 COLLIER COUNTY BOAr.:) OF COUNTY COMkllSStOt"E:F~S ~'C .i'.~p;Jlrdrnent CJ' Illen1ber to the ~'at:ltClt ConSH','ation F'in", ,"',d-f~()c Advl$Oiy :::',-,rlllll,ttee ;.,'2L/20:T7 ~J :l() DC AM Prl'pllrlod By Dnle Sue FiI&on B(\Jrdof Sounty Comml&5ioners :::~()cut;ve M~n"qcr to ttl( see 8ceO'flce Date AllprowdBy Ll'oE.Ocl1".Jr Bonrd ofCoul'lty COfl\missiollt'rs Deputy ::;ounty M"nJQer CDuntv Mann(ler"" Ofllca 5111i20C71'1:52/;M AJ9n~~a Item No. 9C ~ r',1ay 22, 2007 3 of 11 t:::t. V(J MEMORANDUM TO: Sue Filson, Executive Manager to the Board of County Commissioners t<rfi Kirsten Wilkie., Environmental Specialist. Environmental Services Department FROM: DATE: May 9, 2007 SUBJECT: Habitat Conservation Plan Membership Recommendation to the Board of County Commissioners In response to the Habitat Conservation Plan Committee's 3 vacant poSItIOns, I application was received and evaluated by the Committee on May 9, 2007. There are no specific or unique qualifications established for this Committee. The Habitat Conservation Plan Ad-Hoc Committee in a vote of 7:0 voted to recommend Elizabeth A. Wednt to fill thc vacant position. NAME TVPE OF FIELD OF EXPERTISE (CURRENT APPOINTMENT EMPLOYMENT) I. Elizabeth A. Wednt Initial Appointment Bachelor of Arts degree. English Bachelor of Arts degree, Comparative Literate Minor in Spanish. (Legris & Associates) Agenda Item hJo. ge May 22, 2007 Page 4 of 11 Habitat Conservation Plan Ad-Hoc Advisory Committee Name Work Phone Appt'd Exp. Dale Term Home Phone DateRe-appt 2ndExpDate b.d Term Mr. Christian M. Spilker 643-0166 06/]4/05 2260 16th Street, N.E. 304-5266 Naples, FL 34]20 E-Mail: cspilker@turrell-associates.com District: 5 Category: Environmental Mr. Kevin M. McGowan 530-5859 05/08/07 10580 Regent Circle 594-9640 Naples, FL 34109 E-Mail: mcgowan.kevin@att.net District: 2 Category: H.R. Admin & Law Enforcement 06/14/08 3 Years 06/14/08 I Year Mr. Jeffrey A. Carter 262-6866 0]/09/07 06/14/08 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 04/25/06 3100 Gulf Shore Blvd., North #403 403-3916 Naples, FL 34103 E-Mail: rkatz9500@comcast.net District: 4 Category: Economics/Conservancy Mr. Brian J. McMahon 597-9077 06/14/05 360 22ndAvenue,N.W. 353-0110 Naples, FL 34120 E-Mail: swampbuggy2@earthlink.net District: 5 Category: Citizen At Large ;., ] Year 06/14/08 2 Years 0611 4/08 3 Years W;d~~d/;Y:"3i:;--'09.~20-(j7=C . ""~"'.- - ",7ll'''';''''''''-'''';,,,,,,, -- ~-''''. ~,,'c:''''''''''''Page 1 o;4(.'""'-~" ':;;"J:!:';,1r,'~, Aosn:Ja item f'Jo. 9C ~ f\.1ay 22.2007 P8ge 5 of 11 ( Habitat Conservation Plan Ad-Hoc Advisory Committee Name Work Phone App/'d Exp. Da/e Term Home Phone Da/eRe-app/ 2ndE"'pDa/e 2nd Term Ms. Jennifer Hecker 262-0304 11/29/05 06114/08 3525 21st Avenue, S.W. 262-6683 Naples, FL 34117 E-Mail: jenniferh@conservancy.org Dis/rict: 5 Category: Environmental & Ecological; Land Mgmt; Conservancy 3 Years Dr. L. Christian Mogelvang 06/14/05 06114/08 3 Years 2450 N. Rd., Box 3316 643-0566 Naples, FL 34106 E-Mail: emogelvang@earthlink.net District: 4 Category: Lay Person Ms. Bonnie Michaels 308-0919 05/08/07 06/14/08 1 Year 592 Beachwalk Circle, N202 596-9135 Naples, FL 34108 E-Mail: mwfam@aol.com District: 2 CategOlY: Natural Resources Ms. Maureen Bonness 348-8178 06114/05 06114/08 3 Years 7390 Rookery Lane 348-8178 Naples, FL 34120 E-Mail: bonness@infionline.net District: 5 Category: Environmental Consultant Ms. Judith Hushon 04/25/06 06114/08 2 Years 1659 Chinaberry Ct. 643-6222 Naples, FL 34105 E-Mail: judyhushon@aoLcom District: 4 CategolJ': Environmental Consulting/Conservancy Volunteer ( -....':'r.""c:- Wednesday, May 09~ 2007 Page 2 of4 Agenda Item ~'O. 9C May 22, 2007 Page 6 of 11 ( Habitat Conservation Plan Ad-Hoc Advisory Committee Name Work Phone Appt'd E:>.p. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Jerry Breshin 775-8134 09/12/06 4695 Hawk's Nest Way, Apt. 204 775-8134 Naples, FL 34114 E-Mail: J-Breshin@att.net District: I Category: Business AdministrationIMarketing 06/14/08 2 Years Mr. Richard C. Gill 289-4153 09/12/06 290 Pinehurst Circle 775-9623 Naples, FL 34113 E-Mail: rgi1l1943@ao1.com District: 1 Category: Business Manager/Law Enforcement 06/14/08 2 Years ~,. ~::'~-;:':~":;:'::::''';i::';:.'. ';;"l.:'.,;~,":" 'O;-;'",<~...:.;- Wednesday, May 09. 2007 ~,...~," -',," '"" 'd~:'~"~;~"'"'::\"::t'""; Page3 of 4 ;~,Ti'~';;-,< ";".;-,-.m;Cii.".:.', Ac;en-ja item i\jo. 9C ~, rv~ay 22, 2007 ?age 7 of 11 Habitat Conservation Plan Ad-Hoc Advisory Committee Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 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 eonservation Plans (Hep). The committee is specifically tasked to evaluate the geographical scope (excluding the Rural Lands Stewardship Area) and coverage of an Hep 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 eounty Commissioners. Terms are 3 years. ( FLSTAT: n/a Staff: William D. Lorenz, Jr., Environmental Services Director. 213-2951 ( Wednesday;' May.tiij,-2iiii7 Page4of4 MEMORANDUM Agenda Item No. 9C May 22, 2007 Page 8 of 11 DATE: May 7, 2007 TO: Elections Office Sue Filson, Executive Manager -l:DJ , Board of County Commissioner~ : FROM: 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 CONSERVATION COMMITTEE COMMISSION DISTRICT Elizabeth A. Wendt 693 Coral Drive Naples, FL 34102 1 Thank you for your help. MEMORANDUM I\Qenda Item No. 9C ~ r\,~;1Y 22, LOC? Page 9 of 11 DATE: May 7, 2007 FROM: William D. Lorenz, Jr., EnVironmJn Services Director Sue Filson, Executive Manager, . Board of County Commissioner ' TO: RE: Habitat Conservation Plan Ad Hoc Advisory Committee As you know, we currently have a 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. 1 have attached the applications received for your review as follows: Elizabeth A. Wendt 693 Coral Drive Naples, FL 34102 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and 1 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 Page] of2 Agenda item No. 9C May 22, 2007 Page 10 of 11 ---------------------."-.---.--..----------.---.-------.---- .-~"=rom: ~t: To: filson_s Subject: New On-line Advisory Board Application Submitted ewendt@comcast.net Friday, April 20, 20072:38 PM Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 4/20/2007 2:37:32 PM. Name: /Elizabeth A Wend~ Home Phone: /239-261-44461 Home Address: 1693 Coral Driv~ City: /Naple~ Zip Code: 134]021 Phone Numbers Fax: I Business: ~39-877-29591 ..., e-Mail Address:~wendtialcomcast.ne~ Work Place: ~"egris & Associate~ How lon2 have you lived in Collier County: ~ Have you ever been convicted of any offense a2ainst the law? ~ Are you a re2istered voter in Collier County? IY e~ Board I Committee Applied for: !Habitat Conservation Plan Ad Hoc Advisoryl Cate20ry: !Not indicated) Do you currently hold public offfice? ~ .. Do you currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: olunteer, Naples Botanical Garden Volunteer, PACE Center for Girls ofIrnmokalee Consultant, mmokalee Foundation Vice-President, Co uma Sands Homeowners Association Education: 4/20/2007 Advisory Board Application Page 2 of2 [\"".7.',..,-l~ I+,",,,-,~ -.10.9C raduate ofIndiana University at Bloomington: Bachelor of Arts degree, English Bachelor ofi1\rt , 2007 e ree, Com arative Literature Minor in S anish; stud abroad. Conversant in S anish. Page' of 11 . . . 4/20/2007 Exnerience: moved to Naples full-time in 1998, after I graduated from college. For five years, I was a reporter a he Naples Daily News, covering general assignment, education and feature beats. Now, J am a !public relations associate at a North Naples advertising, marketing and public relations company, !Legris & Associates. Although I have not held any conservation-related jobs, I am a member of the :::orkscrew Swamp Sanctuary and a volunteer at the Naples Botanical Garden. I would describe nyself as someone who makes a serious effort to follow and understand conservation issues in ~oJlier County. EXECUTIVE SUMMARY flgenda Item No. 90 May 22, 2007 Page 1 of 16 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE OBJECTIVE: To appoint I member to serve a 4 year term, expiring on May 22,201], to the Collier County Coastal Advisory Committee. CONSIDERATIONS: The Collier County Coastal Advisory Committee has 2 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 expelience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, tern1S will be 4 years. A list of the current membership is included in the backup. The terms for Gerald W. Camiener (representing Collier County) and Ronald M. Pennington (representing the City of Naples) expires on May 22,2007. A press release was issued and resumes were received from the following 3 interested citizens: APPLlCAJliT CATEGORY DIST ELECTOR ADV. COMM. Morton D. Potashnick Collier County 1 Yes None Joseph A. Moreland Collier County 3 Yes None Maurice James Burke Collier County 2 Yes Pelican Bay Services Division Bd TBD City of Naples COMMITTEE RECOMMENDATION: Collier County - Joseph A. Moreland City of Naples - will submit names later FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirn1ing the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners ,- Agenda Date: MAY 22, 2007 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMM:SSIO~jERS 'in Page] of 1 '<10(' hit, m No. ]D 22. ;~ :;0 7 2uf16 'pr")!I1~1 .,<or.,t oj :l""T!t.lU to I~le :.;oIIIH C('1mty CDast": ".J""."~';UIV r:orlllll:lee ~;.'22!2'X'7 D DC 00 i\M I'rel)~rctl lIy D,.,te Sue Fd~on BOBrdo/County Cornmi5si"ll(,rs !::~()GL:t;Yo;; Man~tler to (n~' Bce Bee Qff,ce u"t~ Approvctl By LeG E. Cl~11S, Jr BO;lrd 01 County CmnmiSSIOller6 D<eputy C;ount\" M"Il,)\)l>r ::~ullly M~l)~ger's Office 51'1f200711,St:f\M t'o.:Jenca Item ~4o. 9D [,';;=]Y =2 20(17 Pcl]8 3:)f 16 Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners From: Gail Hambright, Tourist Tax Coordinator, Coastal Zone Management Date: May 10, 2007 Subject: COASTAL ADVISORY RECOMMENDATION FOR VACANCIES On May 10. 2007 the Coastal Advisory Committee reviewed the three applications received by the prescribed deadline for one vacancy. Applicants were evaluated based on their potential contributions to the Committee. The Committee found all applicants to be qualified. After review and discussion the Coastal Advisory Committee recommendation to the BCC was that Mr. Joseph A. Moreland be appointed to serve on the CAC Board. Please advise should you need additional information. cc: Gary McAlpin, Director 01"-:.0 mO~ .,n'. C) '-- ",,0 ,j"" r-('">J Q) j)>,Jl ......roctl -;:20... -s2 i3 :n <( ,... 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(0 ..0 - (0 =' <B U > 1-00{ _ a cue::::: co:s ::i 0 _ :::l..... ~.2.~~ "O~Ul:::l E~~ou o~E~~=~~o~~~~~ ~U~~~~8::>WO~UUO<:UCl~O::>O<-<:~~O<:U-<:U~~8 >- u z: ... ~ 00 - l<l rI) ~ ... ~ 0 - .8 <r; Z , 's 0 ... - !). ,... -< '0 0. ~ ;;, U 0. U e~ 0 ... ... :=:.!::l ... ~ Vl e ~ 00 l<l ... ... ~ ~ 0 0 - - .8 .8 ... "" <r; .. 01 ~ u 6 -0 '-' '0 ... .:, Jl '0 ... .:, Jl '" '" - rI} - -g:; rI} '0"" gj ",,,, 0'" ~~ U '" ~ c.1:: 0:'2 ~ o 0 ~~ ~~ ." "" -<: 00 Uoo ... ... 00- N]. -ft ~z ~z rI} '0 "" .3 !-... e 0 -<:~ ;;: ~< ."" - CI u ..: ~ z: .- z: c..a -a -<: ~~ " u 0 ~ 00 ;:;;~ 0 ~ 00 o <r; ""00 ....0 >- .- ..,. 0'" ... '" >'0 o .C '-' 0 c- ..."" a vi " og. ~z 00 ... ~ ~ ... '-' .- ... ~"" ~ !3 ;:;;~ AGsnca Item t\Jo. 90 " May 22, 2007 Page 5 of 16 Collier County Coastal Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Anthony P. Pires, Jr. 649-6555 OS/22/01 OS/22/05 4 Years 209 Madison Drive 05/10/05 OS/22/09 4 Years Naples, FL 34110 E-Mail: apires@wp1-legal.com District: 2 Category: Collier County Ms.I-Ieidemarie Kulpa 777-2594 09/21/04 OS/22/07 3 Years 766 Wiggins Bay Drive 566-8389 05/08/07 OS/22/11 4 Years Naples, FL 34110 E-Mail: HeidiKulpa@msn.com District: 2 Category: Collier County Mr. Gerald W. Camiener 514-1148 05/1 0/05 OS/22/07 2 Years / , 7022 Green Tree Drive 514-1148 ( Naples, FL 34108 E-Mail: District: 2 Category: Collier County Mr. Ronald J. Minarcini 05/1 0/05 OS/22/09 4 Years 4000 Royal Marco Way, Apt. 927 393-0615 Marco Island, FL 34145 E-lIfail: rminarcini@aol.com District: 1 CategOlY: Marco Island Councilman E. Glenn Tucker 394-5151 04/11/06 OS/22/07 I Year 800 Chestnut Court 394-5708 05/08/07 OS/22/11 4 Years Marco Island, FL 34145 E-l\fail: friartuck3725@cs.com District: I Category: Marco Island . "..,....:.;: .,....~..__c Wednesday, May 09, 2007 - Page] 0[3 Aaenda !tem No. 9D " May 22, 2007 Page 6 of 16 Collier County Coastal Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Paul W. Sullivan 06/08/04 OS/22/08 4 Years 1330 Caxambas Ct. 393-9125 Marco Island, FL 34145 E-Mail: District: I Category: Marco Island Mr. Murray H. Hendel 05/1 1/04 OS/22/08 4 Years 4301 Gulf Shore Blvd., N. 262-0738 Naples, FL 34103 E-Mail: murrp2h@aol.com District: 4 Category: City of Naples Mr. Ronald M. Pennington OS/22/01 OS/22/03 2 Years /' 3430 Gulf Shore Blvd., N., Unit 2F 263-6935 02/10/04 OS/22/07 4 Years Naples, FL 34103 E-Mail: District: 4 Category: City of Naples Councilman John F. Sorey, III 213-1015 03/09/04 OS/22/05 I Year 735 Eighth Street, South 05/1 0/05 OS/22/09 4 Years Naples, FL 34102 E-Mail: District: 4 Category: City of Naples ". --;"':'":;';";~'''''''''.._...' -" .'.'<.'.. ',",," ..,.,....... ','./ 1-Vednesday. MaJ' 09, 2007-- '-'.' ~', ~~:"';J'.' Page 2 of3 A;Jsnda item No. 90 May 22, 2007 Page 7 of ~i6 ( Collier County Coastal Advisory Committee Name Work Phone Home Phone Appt'd DateRe-appt Exp. Date 2ndExpDate Term 2nd Term This 9 member committee was created on February 13, 2001 by Ordinance 2001-03 to assist the Board of eounty Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier eounty, and to advise the Board of eounty Commissioners and the Tourist Development Council (TOC) of project priorities with respect to funding sources that are available to eollier 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 eity 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, iniet 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. eity of Napies - 213-1015 Marco Island - 389-5000 ( FL STAT: Sttiff: Gary McAlpin, Tourism Office: 530-5342 Wednesday, May 09, 2007 Page3 af 3 Aaenda Item ~Jo. 90 - May 22, 2007 Page 8 of 16 MEMORANDUM DATE: May 7, 2007 TO: Elections Office 1 Sue Filson, Executive Manager J Board of County Commissione FROM: 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. COASTAL ADVISORY COMMITTEE COMMISSION DISTRICT Morton D. Potashnick 7818 Ashton Road Naples, FL 34113 I 3 Joseph A. Moreland 5821 Cinzano Court Naples, FL 34119 Maurice James Burke 5801 Glencove Drive, #508 Naples, FL 34108 ~ Thank you for your help. MEMORANDUM ,A{;snda !tem No. 90 f\1ay 22. 2007 Page 9 of 16 DATE: May 7, 2007 TO: Gary McAlpin, Coastal Zone M~ag ent Director Sue Filson, Executive Manager ' Board of County Commissione I FROM: RE: Collier County Coastal Advisory Committee As you know, we currently have a 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: Morton D. Potashnick 7818 Ashton Road Naples, FL 34113 Joseph A. Moreland 5821 Cinzano Court Naples, FL 34119 Maurice James Burke 5801 Glencove Drive, #508 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 arcas 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 .' _.- -_.~_.._-----_._-----'-~---------_.._----_.~-_.--"._------------,._-_._~----_..__._---._~--~_. Page I of2 Agenda Item No. gO May 22, 2007 Page 10 of 16 filson_s 'l:'rom: mdpotashnick@comcaSl.net Friday, May 04, 2007 12:17 PM filson_s "~t: 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: 5/41200712:17:17 PM. Name: /Morton D. Potashnickj Home Phone: 1239-417 20521 Home Address: 17818 Ashton Rd.1 City: /Naple~ Zip Code: 1341131 Phone Numbers Fax: I Business: 1573-380 00151 ,j e-Mail Address:lmdpotashnicklaJcomcast.ne~ Work Place: Iself (semi-retired)1 How lon~ have you lived in Collier County: [ill Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? Iy e~ Board I Committee Applied for: !Coastal Advisory Committee! Category: !Citizen At-Large! Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ ~ Please list our communi activities: hainnan of the Semo Regional Port Authority,4 years, Member for 18 years... Parkinson oundation... Member Classic Coun Club... D.S.Coast Guard S uadron... Education: 517/2007 Advisory Board Application 'no, ~? ',em I_ !~te 2 of2 S, U.of Missouri, Graduate work in Marine and Pipeline courses... Area of consentration: Illtedgmg; 07 rivers and harbors .Docks, Wharfs, Revetments... Page 11 0 16 . . . 5/7/2007 Ex erience: 5 years as engineer, supt. manager, pres. and owner of Potash nick Enginering an onstruction...Performin lar e marine ro'ects in U.S. and abroad filso"_s .'. . -'_."......_-----------_.~----_.__._-------_._--,_._-------.------------. -"rom: mdpotashnick@comcastnet ./it: Friday, May 04, 2007 11 :03 AM To: filson_s Subject: Advisory board--Collier County eoastal Advisory Committee- Ms. Filson, My name is Morton Potashnick, 7818 Ashton Rd., Naples, Fl. 34] 13 2394] 72052 (h) 57338000]5 (c) mdpotashnick@comcasLnet(email) I would be interested in joining the Coastal Advisory Committee, if you feel a need for my services, expertise, and experiences. I served for some 18 years on the Semo Regional Port Authority, where I headed up various construction efforts, as head of the construction committee. I served as Chairman of the Port Authority for 4 years, and held other offices. Of course, this was on a citizen voluntary basis, such as how your committee members serve. I am a marine engineer, a 100 ton licensed Captain with endorsments, and business man. I have been involved in marine projects, both nationally and internationally, thoughout my working career. I am enviormentally sensitive, but with common sense. ~ugh I am semi-retired, I have lived full time in Naples for several years, _ill do marine construction consulting, not locally, but with/for several governmental agencies both U.S. and foriegn as clients. I have no ties nor loyalties to any local business nor groups, and feel I would be a good contributor to the advisory committee. I would be happy to meet with you, commissioners, or current members to discuss my qualifications and possible contributions my membership would offer. Thank you, Morton Potashnick At 5/4/2007 Page I ofl Agenda Item No. 90 May 22, 2007 Page 12 of 16 Advisory Board Application filson_s Page I of2 t\;J8nc-~3 i~em t'Jo. 90 i'.f.ay 22, 2007 Page 13 of 16 From: .t: To: filson_s Subject: New On-line Advisory Board Application Submitted JmoreI2409@aol.com Friday, April 20. 2007 754 PM Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34H2 (239)774-8999 Application was received on: 4/2012007 7:53:56 PM. Name: fToseph A. Moreland) Home Phone: /239-348-1546/ Home Address: 15821 Cinzano Court! City: lNaple~ Zip Code: 134] 191 Phone Numbers Fax: I Business: I . e-Mail Address: ~morcl2409Ia!aol.con~ Work Place: !Retired) How lon~ havc you lived in Collier County: [ill Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? Iy e~ Board I Committee Applied for: !coastal Advisorvl Cate~ory: !Not indjcate~ Do you currently hold puhlic offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list your communi activities: -stuary Conservation Assoc. President, 4 years Homeowners Assuc. Treasurer, 3 years Guardian Ad item, 20th Judicial Circuit, 3 years Habitat for Hwnanity, Construction. Mentor, Board Member, 5 'cars Pelican Isle Yacht Club, Past President & Commodore 4/23/2007 Advisory Board Application ~ -., At 4/23/2007 Page 20f2 Agenda Item No. 90 Education: Mav 22 2007 LLM - Univ. of Virginia Law School LLB - W. Virginia College of Law BS - WVU, IndustHil.IiM~& 6 Labor Relations Admitted to Practice Before US Supreme Court Army Command & General Staff College Defense Lamma!!e Institute - German Ex erience: esidential Appt. as Charter Member of Senior Executive Service - US Govt. Held positions as ounsel for Environmental Law, US Dept. of Commerce; Director, US Offfice of Civil Defense; irector, Office of Defense Mobilization Preparedness; Administrator, US Fire Administration. etired Colonel, US Arm Reserve A intment as Mili Law Jud e filson_s '.~'W"h ItolllIJUP~~e 1 of2 "::J~' _la,,, , . JD May 22, 20G7 Pa;j8 15 of 16 Advisory Board Application From: therightperson@msn.com .t: Monday, April 09. 2007 10:33 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: 4/9/2007 10:33:10 PM. Name: !Maurice .Tames Burkel Home Phone: 1239 598-31401 Home Address: 15801 Glencove Drive. #5081 City: lNap;d Zip Code: 1341081 Phone Numbers Fax: I Business: I e-Mail Address: ~herightperson(mmsn.con~ , Work Place: lRetire~ 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? IYe~ Board I Committee Applied for: ICoastal Advisory committe~ Category: !Not indicate~ Do you currently bold public offfice? ~ /pelican Bay Services Division Board of Direclor~ Do you currently or ever served on a Collier County Board or Committee? ~ I Please list vour communi activities: e!ican Bay services Division Board of Direclors Chairman Vice Chairman Chairman, Clam ay/Water Manaagement Committee Chairman, Government Relations CC Districl2 Advisory ommittee Collier County Transportation Coalition Secre\ary- Treasurer Glencove in Pelican Bay ondo Association Board President Director St. William Council Knights of Columbus Deputy Grand 4/10/2007 Advisory Board Application Page 2 of2 - Agen,Ja Item No. qO !Knight Program Director Youth Director Collier Harvest- Food distribution Volunteer Mav 22 ;0107 Page 16 ot 16 ~ Education: iBs, Industrial Relations, LeMovne College, Syracuse, Ny! Ex crience: usiness career with Proctor & Gamble, Holida Hotels and successsor Com ~ .At 4/10/2007 Agenda Item No. 9E May 22, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners indicate intent to renegotiate the County Attorney Employment Agreement with David C. Weigel and approve an Addendum to the Agreement. OBJECTIVE: That the Board of County Commissioners indicate its intent to renegotiate the County Attorney Employment Agreement with David C. Weigel and approve an Addendum to the Agreement extending the term of employment four (4) years. CONSIDERATIONS: David C. Weigel has been employed as the County Attorney since 1995, having been employed as Assistant County Attorney in 1985. and Chief Assistant County Attorney from 1988- 1995. The present County Attorney Employment Agreement dated June 10, 2003 will expire September 30, 2007 unless extended or renegotiated. The Agreement provides a 180 day notice period before expiration for the Board to indicate its intent to renegotiate the Employment Agreement or allow it to expIre. Similar to treatment afforded the County Manager in 2006, an Addendum to the County Attorney Employment A,,'Teement is proposed for Mr. Weigel, extending his employment as County Attorney for four (4) years and making a few minor modifications at no additional expense to the County. The Addendum provides two changes: 1) the termination date shall be September 30, 2011, unless the Agreement, as amended, is extended or renegotiated as provided therein; 2) Section 11 B of the Agreement shall be amended to reflect that Employee shall accrue leave (i.e., vacation time, sick time, and personal leave) consistent with all other employees of the Board of County Commissioners instead of receiving "universal leave. " The proposed Addendum to the Employment Agreement does not increase the current total payment of salary and benefits of Mr. Weigel; there shall occur an annual performance review in October, 2007 and every October in succeeding years. FISCAL IMPACT: There is no change in total amount of compensation (salary and benefits), funds are appropriated in the County Attorney Office operating budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners advise the County Attorney of its intent to re-negotiate his A,,'Teement and fulfill the intent by approval of the attached Addendum to the County Attorney Employment Agreement and authorize the Chairman to sIgn the Addendum to the County Attorney Employment A,,~-eement. SUBMITTED BY: James Coletta, Chainnan, Board of County Commissioners 04-COA~01016/552 -- Page 101' 1 1\01>1(1;,- Ilem No :JE 20iJ7 of 4 COLLIER COlf~TY BOARL OF C:)UhJ1V COMMISSIONeRS Item Number: G[ Item Summary: F:;ocom nPI:rj8ho~, that Hv' Cc'cnd 01 C:U;}11Ty CDn'ml~;5IDne~~ :nd:c.i,lle w,tel1t tD f"'fK'9,,lii;ip the ~,UL!nt'i M':J"',ey [IlW1u\YI,oni /..':),ep;llent wltn Dcu;d C Helget snc dr,pI(I,,;:. a(, ;.dClF-nuun' :Ci i\\ireemwli :CUTiT; ~'.SI()'lH C:Jlc-tta) Meeting Date: :,~;U~ ~l :~u OC' !'.M Prepared By r,ancy Rosiak E;X0cutlveA,oelo\heBCC Dale Boani of County 8:::e: Of/ice 5it()i~007 9:17,12 AM Commissioners Approved Uy SuooFil$on Ex,,~ut'vt. Man<lger Ie thE Bee Oat" SoanlofCourlly B'~:C (JIII~e ~(1a;2007 9;3!: AM Commissioners APllfOVl"d By Jan)('sV_ r,'ucld Counlyr,1anager D<lte [laud of County CommiSSIOners County Manager's Office 511012007 &:18 PM L/lenda item t'Jo. 9E '-' fv'iay 22, 2007 Page 3 of 4 ADDENDUM TO COUNTY ATTORNEY EMPLOYMENT AGREEMENT This Addendum to County Attorney Employment Agreement (the "Addendum") hereby amends, is attached to and is incorporated into the certain County Attorney Employment Agreement dated June 10,2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter "Employer") and DAVID C. WEIGEL (hereinafter "Employee"), and is dated this day of May, 2007. WHEREAS, Employer and Employee have entered into the County Attorney Employment Agreement (the "Agreement") whereby Employer agreed to employ the services of the Employee as County Attorney of Collier County; and WHEREAS, Employer and Employee wish to extend and modify the tern1S of the Agreement in accordance with the terms and conditions hereof. NOW THEREFORE, in consideration ofthe mutual covenants herein contained, the parties hereby agree as follows: I. RECITALS. The above recitals are true and correct and are hereby incorporated herein by reference. 2. AMENDMENTS: A. Tern1ination Date: Notwithstanding any provision to the contraJY in the Agreement, the Agreement is hereby extended for a period of four (4) years, whereby the employment tern1ination date shall be September 30,2011, unless this Agreement, as amended. is extended or renegotiated as provided therein. B. Sub-Section B of Section II. Insurance. Vacation. and Sick leave: EMPLOYEE shall be entitled to receive the san1e vacation, sick leave and personal leave benefits as are accorded to department heads, including (except as providcd in the Agreement) the provisions governing accrual and payment thereof on tern1ination of employment. Universal leave that has been accrued through the date of this Addendum shall be moved to and credited as Employee's vacation leave. County agrees that annually, on the EMPLOYEE's anniversary date of employment with the County, the EMPLOYEE will be paid Ic)r all hours of accrued vacation leave that exceeds three hundred-sixty (360) hours. 3. REMAINING PROVISIONS. Except as modified hereby, the tenns and considerations of the above referenccd Agrecmcnt shall remain in full force and cffect. Page lof2 Agenda Item No. 9E 1\l.ay 22. 2007 Page 4 of 4 IN WITNESS WHEREOF, the parties have executed this Addendum as of the date fIrst above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES COLETTA, Chairman WITNESSES: EMPLOYEE David C. Weigel Approved as to form and legal suffIciency: Michael W. Pettit Chief Assistant County Attorney 04--COA..OI016/551 Page2of2 EXECUTIVE SUMMARY Agenda Item No. 9F May 22, 2007 Page 1 of 4 ~ Request of Commissioner Henning to the Board of County Commissioners to approve and authorize reimbursement of reasonable legal fees and costs. OBJECTIVE: For the Board of County Commissioners to detennine, pursuant to the policy of Resolution No. 95-632, that a valid public purpose exists and so to approve and authorize the reimbursement of the reasonable legal fees and costs incurred by Commissioner Henning in the successful defense of an ethics complaint CONSIDERATIONS: On June 22, 2006, the Florida Ethics Commission received an ethics complaint from Dennis Mitchell alleging Commissioner Henning violated Section 112.313(6), Florida Statutes, by using his official position to improperly influence the County Attorney and the County Code Enforcement Board. The Ethics Commission Investigator came to Collier County and interviewed several County employees, Commissioner Henning, and members of the Code Enforcement Board and wrote his rep0l1 to the Advocate (prosecutor) tor the Ethics Commission, ~ The Advocate wrote to the Ethics Commission "It is my recommendation that there is no probable cause to believe that Respondent (Commissioner Henning) violated Section 112,313(6), Florida Statutes, by using his official position to improperly influence the County's Attorney and the County's Code Enforcement Board relative to matters involving Respondent's friend". Last month the FIOlida Commission on Ethics found no probable cause to believe the Respondent, as a Collier County Commissioner, violated Section I] 2.313(6), Florida Statutes, and accordingly dismissed the ethics complaint with the issuance of its public report (attached hereto), Commissioner Henning has utilized legal representation to assist in his response and successful defense of the ethics complaint. The County policy of Resolution No, 95-632, provides that the County shall pay legal fees and/or costs incurred by County persons in cases involving formal ethics charges upon certain findings of the Board: I. The ethics charges arose from conduct related to the perfonnance of official duties and while serving a valid public purpose. 2, The County person has prevailed and successfully defended against the ethics charges, 3. The legal fees and/or costs charged are reasonable in amount. 4. The charges have not resulted from the willful failure of the County person to follow the legal advice furnished by the Office of the County Attorney. FISCAL IMPACT: Not to exceed $7,000.00. GROWTH MANAGEMENT IMPACT: Non applicable. - RECOMMENDATION: That the Board of County Commissioners, pursuant to the policy of Resolution No. 95-632, find as follows: Agen~ja Item No. 9F May 22, 2007 Page 2 of 4 a. The ethics charges arose from conduct related to the performance of official duties and while serving a valid public purpose. b. Commissioner Henning has prevailed and successfully defended against the ethics charges. c. The legal fees and/or costs charged are reasonable in an10unt. d. The charges have not resulted from the willful failure of Commissioner Henning to follow the legal advice fumished by the Office of the County Attomey. That the Board approve the reimbursement of reasonable attomey fees and costs as reviewed and approved by the County Attomey, not to exceed $7,000.00 incurred by Commissioner Henning in the successful defense of the ethics complaint. Prepared by: Assisted by: Commissioner Tom Henning County Attomey David Weigel 2 Item Number: Item Summary: Meeting Date: Pagelofl II.ger1d.', Item No 9F 22, 2CJ07 ?d4 COLLIER COUNTY BOARD OF COUNTY COMM!SSIONERS 9F COLT" \;~,SIOner r<C;I',nm] cequesl.:llg HH} B;.'Md 01 Courl,.- CO'T1ITlis\ I~)ners 10 appf')V() Blld dut'lOrilc' IPIT11QUrseIl1Gn; 01 rC-thC-'l?,;ti<' If".;8: ~'ees ClI ~: costs S/22/:'OG~ 8;jO GO/\M E~ec(Jtiv(' Aide to tile BeC Dille Prellllred By Sam Tucker Baara ofCaunty Comm.5sroners 8CCOffLce 5115:20074;0410 PM Date Allproved By Sue Fibon Bcardo/County Commissioners t',Ko(:ullVl-.' Managertathe S:':;C aGeC/fie!! 5!15120074:10 PM County Manager D~te Approved By James V_ Mudd Board of County Commisl'ioners County Manager's Office 51151200'74'47 PM .';]encia Item I\io. 9F ~ "-'"2 00'7 1'""r':Y -'--- ,"- _ lJ Page 4 of 4 CL\E.Nl'S COP'{ BEFORE THE STATE OF FLORIDA COMMISSION ON ETHICS DATE FILED APR 2 5 2007 COMMISSION ON ETHICS In re mOMAS HENNING, Respondent. ) ) ) ) Complaint No. 06-142 PUBLIC REPORT Based on the preliminary investigation of this complaint and on the recommendation of the Advocate for the Commission on Ethics, the Commission fmds that there is no probable cause to believe the Responden~ as a Collier County Commissioner, violated Section 112.313(6), F10rida Statutes, by using his official position to improperly influence the County's Attorney and the County's Code Enforcement Board relative to matters involving Respondent's friends, as alleged in this complaint. Accordingly, this complaint is dismissed with the issuance of this public report. ORDERED by the State of F10rida Commission on Ethics meeting in executive session on April 20, 2007. ~;(Sf- 2tJiJl Date l:r" ~ ~ a-<:.:. . orman M. OslTau Chair cc: Mr. Douglas L. Rankin, Attorney for Respondent Mr. Dennis Mitchell, Complainant Mr. Iinzie F. Bogan, Commission Advocate '-\genda It'2m No.1 OA Mey 22, 2007 Page 1 of 42 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners accept the findings of the report entitled "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Incorporated, in association with Rohert \V. Burchell, Ph.D., as directed hy the Board of County Commissioners, and direct the County Manager or his designee, to finalize the study, prepare the necessary amendments to Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate tbe changes to tbe indexing methodologies and corresponding changes to the impact fee rate schedules for consideration by the Board of COllnty Commissioners at a future meeting(s). OBJECTIVE: That the Board of County Commissioners (Board) accept the findings of the report entitled "Collier County Impact Fee Indexing Study" prepared by Tindale- Oliver and Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as directed by the Board of County Commissioners, and direct the County Manager or his designee, to finalize the study, prepare the necessary amendments to Chapter 74 of the Collier County Code of Laws and Ordinances (Code), the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate the changes to the indexing methodologies and corresponding changes to the impact fee rate schedules for consideration by the Board of County Commissioners at a future meeting(s). CONSIDERA TIONS: Collier County has used impact fees as a funding source for growth-relatcd capital improvements for various facilities since 1978 (Water and Sewer). The most recently adopted impact fee is the Law Enforcement Impact Fee which was adopkd by the Board in 2005. In October of 2002, the Board directed that during the upcoming required three-year updates of the individual impact fees that methodology also be developed to provide for the annual indexing of the fees in the years between the formal updates. Impact Fees generate funds to be expend cd for capital improvements to public facilities necessitated by growth. Rate indexing provides additional funding for capital projects consistent with the increases in actual costs, promotes predictability of the annual revenues, reduces costs for services of rate consultants, allows the development and construction industries to plan more accurately for scheduled increases and helps to avoid large rate escalations caused by time lapses between fonnal studies. Currently each of the County's twelve (12) impact fees has an adopted methodology for annual indexing. These indexing methodologies are based on combinations of several national inflation factors as well as a localized land cost. The index. or combination of indices, is specific to the individual impact fce. Indexing Study ES ~ Page 2 AI]cnC3 Item f'Jo. 1 ClA May 22, 2007 Paqe 2 of 42 During Fiscal Year 2006, Collier County updated several of its impact fees in order to keep pace with rapidly escalating costs as well as to meet the requirements of the formal three-year studies. During the public hcaring for the Emergcncy Medical Services Impact Fec Update Study on February 28, 2006, the Board of County Commissioners directed that thc indexing mcthodology for cach of thc impact fees be rcviewcd and reviscd, as appropriatc, to reflect localized information. Upon completion of the ongoing impact fee update studies, staff immediately began the Rcquest for Proposal (RFP) process in order to facilitate the hiring of a consultant to complete the study to localize the indexing methodologies. On Novembcr 14,2006, upon Board approval, a contract was executed with Tindale-Oliver and Associates, Inc. (Consultant) for impact fce consulting scrvices. The Consultant worked in association with Robert Burchcll, Ph.D. from the Center for Urban Policy and Research, Bloustein School of Planning/Public Policy at Rutgers to develop a legally defensible indcxing program, specific to Collier County. This approach is consistent with Section 163.31801, Florida Stalutes, which is the Florida Impact Fee Act 2006, rcquiring the most recent and localized data be used in impact fee calculations. The attachcd study, entitled "Collier County Impact Fee Indexing Study," identifies four revised measures to be used, alone or in combination, to calculate the annual index for cach ofCollicr County's impact fecs. Thc rcvised measures, as detailed in the report, are: land costs, building costs, building equipment costs and transportation costs. In the case of the land component, the index is developed from local information from the Collier County Property Appraiser and does not rely on national averages. The other measures are developed from national or statewide (transportation) indices that are then adjusted to be brought to the local level. Each of the indices is then fitted with a rolling average- linear regression. As stated in the consultant's repOli, the henefit of this approach is "that the change of the change is incorporated into the inflation analysis and the year-to-year change is smoothed by a linear regression." As discussed above, impact fee indexing methodologies have been developed for the County's individual impact fees are based on one or more of the following measures: . Collier County Property Appraiser's Oflice - Just Values . Engineering News Record (ENR) Building Cost Index · Consumer Plice Index - Miami/FI. Lauderdale . Florida Department of Transportation Price Trends Indcx The following chart provides a comparison between thc cstimatcd indexing pcrcentages that would he utilized based on the application of the adopted indexing methodology and the indexing percentages that would be utilized based on the proposed localized measures. As an attachment, the spccific current adopted methodologies for indexing each of the in1pact fees is also provided. Indexing Study ES - Page 3 Agenda ::S!11 No.1 Oi\ f\~8Y 22, 2007 3 of 42 Impact Fee Estimated Current Index Estimated Proposed Index 2007 2007 Community Parks 1 O.8(~/~ 16.3% Correctional Facilities 3.9%1 8.4% Educational Facilities 5.2% 9.7% Emergency Medical 7.1% 11.8% Services Fire Protection 30'* 5.9% In Government Buildings 5.2% 9.8% Law Enforcement 4% 8.5lj'O Library 5.1% 9.4% Regional Parks 14.2% 20.3% Watcr 30/0* 5.9(%** Wastewater 30/0 * 5.9%** Transportation 7.1% 29.7% * Based on the most current year-to. year period data available for the CPl.Miami/Ft.Lauderdale. ** The indexing methodology and use of most accurate and appropriate indices for \Vater and Wastewater Capital Facilities \\'ill be revic\ved by the County's rate consultant for \\/ater and Sevver Impact Fees A full study of the Transportation Impact Fec is cUl1'cntly bcing conducted, however, upon completion of the study and approval by the Board of County Commissioners, any additional increase in the Transportation Impact Fees, above that generated by the indexing, would be associated to components not addressed by the indexing or actual costs that exceeded those assumed in the indexing. In order to remain consistent with the statutory requirement to utilize the most current data, the indices will be calculated and revised annually. Additionally, in the event that the index for a specified impact fee exceeds 15 percent, the cost increase will be verified through bid data, land purchases and other available data, as recommended by the Consultant, in order to "ensure that new devclopment is not being overchargcd." Prior to the public hearing(s) for any impact fee rate increases, including indexing, all applicable infol111ation is presented to both the Developmcnt Services Advisory COll1mittee (DSAC) and the Collier County Producti"v'ity Con11nittee for their review and recommendations. Indexing Study ES - Page 4 ,[\g8n:a item r'Jo. 10A May :::2, 2007 4 or 42 FISCAL IMPACT: The following chart provides a comparison between the application of the current indexing methodology and the proposed indexing methodology and the dollar difference between the two indices for each of the individual impact fees for a 2,000 square foot (living area) single family home. Impact Fee Current Rate Rate After Rate After $ Diffcrcnce Adopted Proposed Between Current and Indexing Indexing Proposed Index Community Parks $1,027 $1,137.92 $],194AO $56A8 Correctional $213 AO $221.80 $23 1 AO 59.60 Facilities (SO. 1 067/sf living) (SO. J 1 09/sf living) ($0.1157/sf living) Educational 59,206 $9,684.71 $10,098,98 5414.27 Facilities Emergency $112.04 $119.99 $125.26 $5.27 Medical Services Fire Protection 5984 (lC) $1,008 (lC) 51,032 (lC) $24 (I C) Isles of Capri (IC) ($0.41 /sf roofed) ($0.42/sf roofed) ($0.43/sf roofed) and $1,680 (OFD) 51,728(OFD) 51,776(OFD) $48(OFD) Ochopee (OFD) ($0.70/sfroofed) ($O.72/sf roo red) (SO. 74\f roofed) Govenllnent 5807 $848.96 $886.09 $37.13 Buildings Law Enforcement $317.55 $330.25 $344.54 514.29 Library $506.25 $532.07 $553.84 $21. 77 Regional Parks $2,272 $2,594.62 $2,733.22 $138.60 Water 53,415 $3,5 J 7.45 53,616.49 $99.04 Wastewater $3,515 $3,620.45 $3,722.39 $101.94 T ransportati on $8,884 $9,514.76 $11,522.54 $2,007.78 TOTAL $31.259.24 S33, 130.98 $36,061.15 $2,930.17 (With Isles of Capri Fire) Revenue projections related to the indexing of the individual impact fees depend heavily on the permitting trends during the time period of the impact fee increase. Any changes in permitting activity and trends associated v,,"ith the size of new honlcs and/or commercial and other non-residential buildings being constructed in Collier County will Indexing. Study ES - Page 5 Agenda Item ~"IO. 'i OA r\1ay 22, 2C07 5 of 42 directly affect this impact fee revenue stream, Any permits that arc "in process" via a complete building pennit application are not subject to imposition of revised impact fees and in accordance with Section 163.31801, Florida Statules minimum 90-day notice is given after the final adoption of an impact fee or impact fee increase and the implementation of the fee, In effect, these policies and requirements cause a significant delay in recognizing the additional revenue associated to the increase in impact fees. As discussed above, the size and types as well as the intensity of use of the land uses being permitted directly affect the revenue generated by a proposed increase in impact fees and there is not always a direct relationship between the percentage of rate increase and the actual increased dollar amounts of collections. Therefore, a 100% increase in impact fee rates docs not immediately generate a 1 OO'Yo increase in revenue. Revenue projections are also provided as back-up material during the adoption hearings for all impact fee increases and are based on the most recent applicable data available in order to provide the most accurate projections, GROWTH MANAGEMENT IMPACT: The eoncept of annual indexing is consistent with Objective 1.2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP), which states: "Flltllre development will bear a proportionate cost (~rraci/i(y il1lprol'emenL\' nece.)'sitated hy gr0l11h." Impact Fees generate funds to be expended for capital improvements to public facilities necessitated by growth. Rate indexing provides additional funding for capital projects, promotes predictability of the annual revenues, reduces costs for services of rate consultants, allows the development and construction industries to plan more accurately for scheduled increases and helps to avoid large rate cscalations caused by time lapses betwecn formal studies. Additionally, this approach is consistent with Section 163.31801, Florida Stalllle", which is the Florida Impact Fee Act 2006, requiring the most recent and localized data be used in impact fee calculations. LEGAL CONSIDER;\TIONS: consideration and approval. This request is legally sufficient for Board RECOMMENDA TION: That the Board of County Commissioners (Board) accept the findings of the report entitled" Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as directed by the Board of County Commissioners, and direct the County Manager or his designee, to finalize the study, prepare the necessary amendments to Chapter 74 of the Collier County Code of Laws and Ordinances (Code), the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate the changes to the indexing methodologies and cOlTesponding changes to the impact fee rate schedules for consideration by the Board of County Commissioners at a future meeting(s). Prepared by: Amy Patterson, Impact Fee Manager Business Management and Budget Office, CDES ltemNumber: Item Summary: Meeting Oate: Page] 01'2 A'X~ild2 No lUll. 22 2[\07 (';)1,12 COLLIER COU~TY 80t;RO OF CQUt,TY CCMMISS:ONCF~S ~ry., "I",,~' ,1 [~rn Ie I", 1:8']; i d: 4.UC ~; rll f;'.-C(llnrli(;ndill'm, II' a, the "':;-iJ'd of County '''')fllT,c,:.ioilC'r,. ur:cepll'w lirKI:nJ':' 0: 1~'1" 'er,'ort C:I1:ilr;-d C~)"''''I r;OU~!V i'''i~aCl ~e<, Ildl?Kllg 'J,])' ~."::;meC: t.-y ',ntaie' '~ill''')1 ~-HI(1I","S:Y:lal"~ 1:::'-::01["") "w,j :;1 .JS,:( ,-:-Jt,eJ"1 \"'th Robert F'li.lc(;"8!. ~)I" D ,l~: :;Ire~[l'l' L)' t'i(: r,k 'lr(1 of :':;::,[I'lt-, Cornrr' '''''-)'IdS an;:: ;;1[('.8: tne C';"lt., Uar<HJH ur Ill:.' ()w;'gr>ee tu iil'al;,:'f' tho :"L;di r','f':;;,u',' :"1'-' rH"S"'5~"r\' '.)mFIl11l1"r~!s 10 ~:i IJPter 14 01 !nf' ~;.nIIIPr COL;l1ly C:cde 01 :..aws a IC (>-:jlllcif',CeS, :llP S"I'!1" tJewg the Coli,er '--')li'l1v:",'_lnSOlij,lledlrom:,Kil':GpQrdw.apce.tc-IIlU.l:r"'''''dlSt'18':ian:X)"toin", nde;,mg 'c'1hQry 1,1g'PS anJ corlec,K\T>n'J dd'\'J~S tv ~he ImpaCT fee ~,'i,s. sChedJles to' C(>1 ~'I:]e'il:IQIl oJ" ~ile '~()<Jrd of (;""UI'11' ,:",()rirn!~ ~:("n.,c~_:<1 '" 'ull.tl'f rll':st: 'D'S' i"'~)S"ph.( :;:'~:~1 "itl I'CHlllr',,:; r;;'or C> r:W:L;: II)' L'eve''ji,)ITlelll CJqri E r""''lln~''''E'llid! ':',"rvuc<' n"{I~'Q:l) ~\1:.':'."20( -. S.OO I\M Date Prepared By Amy PaHerson C'llnlT'ullity Df'\.'rlrJpn,,,,"t& Envlron""entnISr:rvices Imp"Clf--ee M'm~ger Fin~n~I,'1 Allmill. & Hou!>ing 412(;12(;0711:0:':21 I,M Date Appruved B}' Jeff Klnt~~ow C0unlyAtlorney ASsl5t~nt County AHor'1CY Cmmty {,ttorney (if/Ice 4!2(i,'2(J(l7 3:39 PM D~\e Approved By MarIN10St"WJr't ExeeU\IV{' SccrrL>ry 4'1J;12Q074:23PM Apllro~'cd By Communlt,. Dcndopmem & Comml.Jrllly Do'veiopment & En',irorlmenlaIS"rvlces En\-',romnc"tatScr-,-ices{,dmin. Judy f'uig 0pcratlon~ Al1aly,,1 Date Approved By Communit\' D~v"'ormf)n: & Commw,it\, [l""elopfT'en1 8. En"jconnwnl~1 "HvKns E:nvFronmcnt;,i SpcviclJ& I,clmm 4!2G!20074:40PM Jo sep~l K, Sc i-.nlitt COmFnLHlily D,,"ehpllwm & E:nvicon",enlal;';c'rvic"tr,dminstra [)~:e Commulliiy Dt'w-':(\rmcn~ 8. Community [j,'v"'''pmf':'l Ii. c:nvirclnr',cn:a! ;;(Or\"(;e~, f,dmin 4:26,'200'i 5:07 PM e,wimnmm1t,iiS"r-,-jGSS D~te Allllroved fly PniliT,fI(Idll T I ,In S P 0 r~.'1l i 0 Fl S e rv ice 5 f'lIn{lnJIPI,mner lr:<n,.p~".talion OI~n"i'1" 4i::i,~C07 8'11 I'M C),ite Approved By Bal., S,-id',ar r,mlocU[ililles Sl""'O' ~/;Jn"(Jom"',tlBudge: An,llvsl ~\!~)iic Utilitl"'.~ [lp"ratIP"s 4;1,/10071i45 AM D~te AI/proved By '~Gm~" 1I-IIde., P,j~,tlc Utililws ()~"'~tIO"" Director Puol'cUt:lit,cs C!p8raliotlS 4f:7.'20U7 !)57 AM Dale AI/prowd B)' (,Mrett Mullee ComrnlJcllty :::O[)v"i"prrwni & Et'vironlnonl"ISc,"vic,'s Finane,;) Op!)r~t'ons M"na~)er r'IfIJr;~"ii i-Icimin & Hou~tn9 ~.'2I,'1DJi 4:17 PM [JJte ,Approwdlly JJfIlOS W. DeLo'll' Puuli~ Uiiltt'es r'ut;ii{ ihi'iile" AU"lIr"str~!or .. ub!!~ UII'ille~ {J.cr:"r1is!r~ii"n 4!30;?007 ~,1S PM Lime Approved B}' tJorlT) E. F~oer At::P lransp,y,;:,ricIlS','c\'lces 1rnf1or>0rt~li0n DF"','''') ;"imin; ar,1tor , rJ""p"I1.~\Fon Service;. Acimin 51112007 'j'44 AM fht" Appro~'cd By OMB COO,'cill)(ltor Couo\y M,1r,;'lger'5 Office :,cil1ltrrrSlrilj.veA,s'$tilflt (/l-ic(!oi'r,~an"<:l"I11'mi &.Bu<iget 511i2GD7144PM Dille Allpron'd R)' M8r~ is~~hwn [JLJ,Jget r,"~ll'st :::OLHW,r':,,,:,,-,gl!r" ,:':'I,::e I~f,c,-, (',' :,~ ,)n""iemc,,,t <; ~,;_tj,,,et ';200,4',15 :"M l'ag.c.2 of2 'A ,\ppnl\ed By 1/, 'lW'::;,llyk', :;',",tyr,1"";;g.,-',,::!ffice ","",,!,'rn~tlt /-: Bwi:wt ~."rt~1or ~)"(e '\ppro,"cd By ~,'-";H, l:..,~"~r '.::'!lmt,' M"""W"-s C~:';l! :'1;,,,,, (,' r,~ "n~'.Ivtn~Il' I; [JL,j"",t ~'IO:~:i07 1r'.~' AM '\PIII"<l\cd By ,Jatl"'~ \'. ~;, u cld foa,-,r~ 01 c,(,unty "','''';;<,LOIl'''S :,VLI.:,' :',.1JtL"';:"lltd'I.-Th (j("'~ ~'n;li '~t ""Ie Olfef' 01 M"f1i'De,-n0n1 & P"~9"t 5"G,:oa-;4 40 DM ,';UUrlly \"al1"~I"r ,,,,Ie CCluntyr',j"n,,,,,,,'s'J'f:ce ~:1(t::'(J(r' ,;22 f'M }f)07 ,I :,1 COLLIER COUNTY ADOPTED IMPACT FEE INDEXING METHODOLOGIES Agenda Item No.1 OA May 22, 2007 Page 8 of 42 Impact Fee Current Adopted Indexing Formulas Increase in construction cost based on the Engineering News Record (ENR) Building Cost Community Parks Index weighted as 38% Df the index and increase in land values, published by the Collier County Property Appraiser's Office and weighted as 62% of the index. Land portion is capped at a 15% increase for indexing Correctional Facilities Increase in construction CDS! based on the Engineering News Record (ENR) Building Cost Index Increase in construction cost based on the Engineering News Record (ENR) Building Cost Index (5-year average) weighted as 79% of the index, increase in land values, published Educational Facilities by the Collier County Property Appraiser's Office (1 O-year average) weighted as 12% of the index and Jncrease in equipment costs based on the Consumer Price Index (CPI) _ Miami Ft. Lauderdale pO-year averane) as 9% of the index. Increase in construction cost based on the Engineering News Record (ENR) Building Cost Index pO-year average) weighted as 34% of the index, increase in land values, published Emergency Medical Services by the Collier County Property Appraiser's Office (1 a-year average) weighted as 33% of the index and increase in equipment costs based on the Consumer Price Index (CPI) _ Miami Ft. Lauderdale (10-vear averaqe) as 33% of the index. Fire Protection -Dependent Districts Consumer Price Index (CPI) AJlltems - Miami Ft. Lauderdale (10-year average) Increase in construction cost based on the Engineering News Record (ENR) Building Cost Government Buildings Index (5-year average) weighted as 89% of the index and the increase in land values, pUblished by the ColUer CDunty Property Appraiser's Office (1 O-year average) weighted as 11 % of the index Increase in construction cost based on the Engineering News Record (ENR) Building CDst Index (10-year average) weighted as 43% Dfthe index, increase in land values, published Law Enforcement by the Collier County Property Appraiser's Office (1 a-year average) weighted as 10% of the index and increase in equipment costs based on the CDnsumer Price Index (CPI) _ Miami Ft. Lauderdale pO-year average) as 47% of the index. Increase in cDnstruction cost based Dn the Engineering News ReCDrd (ENR) Building Cost Index (5-year average) weighted as 60% of the index, increase in land values, published Library by the Collier County Property Appraiser's Office (1 a-year average) weighted as 13% of the index and increase in equipmenUitems CDstS based on the Consumer Price Index (CPI) - Miami Ft. Lauderdale (1 04year average) as 27% of lhe index. Increase in construction cost based on the Engineering News Record (ENR) Building Cost Regional Parks Index weighted as 7% of the index and increase in land values, published by the Collier County Property Appraiser's Office and weighted as 93% of the index. Land pDrtion is capped at a 15% increase for indexing Water Consumer Price Index (CP1) - All Items -MiamifFt. Lauderdale less any rate of inflation included in the adopted rates Wastewater Consumer Price Index (CPI) - Atlltems -MiamifFt. Lauderdale less any rate of inflation included in the adopted rates Transportation FOOT Project Cost InflatiDn Index weighted as 72,2% of the Index, Righl-Df-Way costs weighted as 27.8% of the index (20.8% land and 7% Administration) A. Patterson Business Office - COES 04/25/2007 Agenda I~ern NO.1 OA i\'1ay :22, 2007 ?age 9 of 42 COLLIER COUNTY IMPACT FEE INDEXING STUDY Prepared for: COLLIER COUNTY May 8, 2007 Prepared by: Tindale-Oliver & Associates, Inc. 1000 N. Ashley Dr., #100 Tampa, Florida 33602 ph (813) 224-8862, fax (813) 226-2106 in association with Robert W. Burchell, Ph.D. Center for Urban Policy Research Blaustein Schoof of Planning/Public Policy Rutgers, The State University of New Jersey New Brunswick, New Jersey 08901-1982 (732) 932-3133, Ext. 542 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item No.1 OA May 22, 2007 fIRll\.F'rof 42 Table of Coutents I. Purpose ofIndexing Impact Fees I II. Indexing on a Natioual Scale 1 III. Impact Fee Indexing in Collier County Table I - Impact Fee Cost Elements 3 4 IV. Common Inflation Indices 5 V. Impact Fee Indexing in Florida 7 VI. Principle Threats to a Good Inflation Index 8 Observed Not "Constrained" Conditions 8 Tab]e 2 - Projects in an Eight Year STIP 9 Reflecting the Geography of the Region ] 0 Tab]e 3 - Multipliers to Convert Nationa] or Statewide Indices to South F]orida] I Reflecting the Triggering Points of Inflation II VII. General Methods of Calculating Inflation 12 VIII. The Rolling Average - Linear Regression Procedure 13 IX. The Revised Measures 15 A Calculating the Inflation Index - Land Costs ] 5 Tab]e 4 - Land Cost Index 15 B. Calculating the Inflation Index - Building Costs ] 6 Table 5 - ENR Building Cost Index 17 Table 6 - Turner Bui]ding Cost Index ] 8 Table 7 - RSMeans ]9 Table 8 - Average of Three Building Cost ]ndices 20 C. Calculating the Inflation Index - Building Equipment Costs 20 Tab]e 9 - Public Building Furniture 22 Table 10 - CPI - All Items 23 Tab]e II - Average of Two Bui]ding Equipment Indices 24 D. Calculating the Inflation Index - Transportation Costs (Roads) 24 Table 12 - FDOT Urban Construction Cost Increases 25 Table] 3 - Highway and Street Construction Index 26 Tab]e ]4 - Average ofFDOT and BLS Highway & Street Construction Indices 27 X. Conclusions/Implications Table 15 - Summary ofInflation Increases for 2007 27 27 XI. References 30 Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research Collier County, Florida - Impact Fee Inflation Index Calculations /;"oenda ite'Tt t\!O. 10A ~ Ik:y 22, 2007 bRJAFtof 42 I. Purpose of Indexing Impact Fees Impact fees are a mechanism for governments to provide an adequate amount of future capital facilities to new residents, Impact fee ordinances ensure that growth within a community bears a proportionate share of the cost or burden imposed on existing or new capital facilities. Impact fees thus make possible the extension of new capital infrastructure to previously unoccupied areas or redevelopment areas, as these areas become populated via various types of residential and non-residential development. Since impact fees are generally a one-time fee, assessed at the time a building pernlit is issued or a certificate of occupancy is approved and provide critical revenues to support new growth, it is important to keep the rates or detelminants of the fees as current as possible. Notwithstanding how often impact fees are re-evaluated or reassessed, the cost of new public facilities and services can change dramatically. This has the potential to provide an insufficient amount of fees to eover the costs of future development. Population growth, property value increases, consumer and producer price inflation, wage increases, and construction sophistication changes all have an effect on the cost of providing public facilities. The inflation index is necessary to adjust for the quantifiable changes in land values, wages, the cost of construction materials, and office/other equipment prices which must be accounted for when attempting to project the new capital costs related to new development. II. Indexing on a National Scale Consumer and producer pricing as well as other measures, are directly tied to in!1ation and can have compounding impacts on the cost of providing capital goods and facilities to the Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item hlo. 10A rv1ay 22, 2007 fJRJAF'fof 42 public. Some localities and counties have adopted legislation to promote impact fees for capital improvements with periodic adjustments for inflation. States which have adopted impact fee legislation include California, Oregon, Washington, Texas, ll1inois, Virginia (proffer), and F]orida. Impact fee use is growing in other southern and western states. Each state has a unique method for determining the rate for the impact fee, depending upon the level of government that is implementing the fee, as well as, the capita] improvements that are covered within the specification of the fee. Some localities and counties within states that recognize impact fees allow localities to maintain the fees at an appropriate level by indexing them with inflation. California adjusts their impact fees every 2 years with a Class B Construction Index as set forth in the State of California Cost Index (2005 California Mitigation Fee Act). The State of Nevada allows localities to either adopt an impact fee each year or to cumulatively increase the fee by: "the average percentage of increase in the Consumer Price Index for Western Urban Consumers for the preceding 5 years or by 4.5 percent, whichever is ]ower" (2005 Nevada Impact Fees for New Development). Some local governments in otJ1er states have more specific methods for calculating increases in inflation, using for instance the Engineering News-Record (ENR) Building and Construction Cost indices or other sources which reflect a national index of inflation in building or construction costs. These are usually only taken to the local level if there exists a local portion of a national index. When calculating the increasing costs of transportation infrastructure and capacity, a state's department of transportation is sometimes consulted for an historical account of road cost indexing. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 2 item i'Jo. 1 QA f",'lay 22, 20CJ7 iJRiAFTof 42 Collier County, Florida - Impact Fee Inflation Index Calculations III. Impact Fee Indcxing in Collicr County Collier County has a history of implementing impact fees and also updating them incrementally. Ccrtainly since the year 2000, thcre has becn a need to annually index fees to adjust for the significant increases in costs to undertake various types of capital projects. Impact fces in Collier County are updated every 2-3 years with annual mid-cycle indexing between major updates. During the mid-cycle years, the County adjusts the impact fee rates according to scveral inflation factors. Thc adjustments to the impact fee rates are made up of a combination of three cost elements: building cost, land cost, and equipment eost. A fomih element, transportation costs, is used for local road costs. As the cost of providing local capital facilities escalates with increases in wage and material costs, the inflation in costs must be accounted for to scale the impact fces that aid in their development. The following is a breakdown of the specific cost elements that are indexed for individual impact fees (Table I). Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 3 Collier County, Florida - Impact Fee Inflation Index Calculations .l\genda Item No.1 OA May 22, 2007 lPIRlAF'fof 42 Table 1 - Impact Fee Cost Elements Impact Fee Building Land Equipment Transportation Costs Costs Costs Costs Parks (Community & ./ ./ Rerrional) Libraries ./ ./ ./ Fire Rescue ./ Schools ./ ./ ./ Roads ./ ./ Jails ./ EMS ./ ./ ./ Government Buildings ./ ./ Law Enforcement ./ ./ ./ Water ./ ./ ./ Wastewater ./ ./ ./ (Source: Collier County Impact Fee Studies - 2005-2006) It should be noted that for all fees, with the exception of water and wastewater, indicated components are indexed using inflation factors specific to each component. In the case of water and wastewater impact fees, the same index (Consumer Price Index) is used for all components. Tindale-Oliver and Associates, lnc. has developed indexing procedures for several of the County's impact fee program areas in the past with the most recent studies undertaken in 2006. However, in the coursc of their investigations, it was noted that the two sources considered to index road and building cost increases, the Florida Department of Transportation (FOOT) Price Trends Index and Engineering News-Record Index, respectively, have inadequately captured the most recent increases in construction costs. For this reason the County recommended an independent evaluation of local construction cost increases on an annual basis until their Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 4 Collier County, Florida - Impact Fee Inflation Index Calculations Aoenda Item NO.1 O.A. ~ May 22, 2007 fJRJAF'rof 42 projected increment is viewed to be on a par with the observed increment. It is important to capture the rise in costs related to infrastructure and services on a local basis in order to produce the appropJiate amount of funds via impact fees to covcr futurc cxpenditures, Neither of the above sources of information are sufficiently specific to provide adequate accuracy in indexing local (South Florida) expenditure increases. FUJ1her, the FDOT Index used for their State TranspOJ1ation Improvement Program (STIP) appcars to be used more for planning purposes and may not be the most appropriate index to use to capture historical changcs in costs in an attempt to properly index transportation impact fees. IV. Common Inflation Indices Indexing for inflation is a common practice used to identify changes in a variety of industries and sectors of the economy. According to the Bureau of Labor Statistics, inflation is defined as "the overall general upward price movement of goods and services in an economy." Some of most recognized and useful int1ation indices on a national scale are the Consumer Price Index (CPI) and the Producer Price Index (PPI) both of which are produced monthly and annually and for which annual histories are kept. The Consumer Price Index (CPI) measures the day-to-day inflation in cxpcnses experienced by consumers. Ultimately, it reflects the increase in the cost of living over time or purchasing power, reflecting changes in the price paid by types of consumers for goods and services (2004 BLS). It involves both an aggregate measure of consumer increase (All Items) as well as individual measures such as various types of commodity increases. The cpr can also be tailored to specific regions oflhe United States. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 5 Collier County, Florida - Impact Fee Inflation Index Calculations ,^,genda Item No, 10A May 22, 2007 IJRJAFltof 42 The Producer Price Index (PPI), on the other hand, displays "the direction and magnitude of price change ."for finished goods" (2004 BLS). The PPI calculates the average change in selling price of goods and services from domestic producers. There are over 10,000 products and groups of products that are reviewed monthly, with new indices being introduced as various products in the economy evolve. The PPI most often uses individual measures of price increases rather than a single aggregate measure. The PPI usually cannot be tailored to specific regions of the United States. Other measures of cost inflation exist. These include building cost indices such as the Turner Construction Index, the Engineering News-Record (ENR), and the RSMeans Index by Reed Construction Data. The first is a strictly national index; the second and third involve an average of 30 cities for a national index and the individual results of these cities for local indices. The ENR does not include any Florida cities in its local indices for the South. It employs Atlanta, Georgia for this purpose. Land costs can be indexed by viewing market value changes in aggregate land prices from year to year in a particular jurisdiction assuming that there exists a procedure for nonnalizing assessed values during the successive years observed. Transportation costs can be indexed by comparing bid sheets on similar scale projects over time. Changes in cost can involve both wages and materials. Often adequate data exists for both changes in wages and in the costs of materials at a national or even state level; little infonnation exists on changes in the costs of materials below the state level. Tindale-Oliyer & Associates, Inc., and Center for Urban Policy Research 6 Collier County, Florida - Impact Fee Inflation Index Calculations Agen;~;a It8m No.1 OA fAay 22, 2007 l)RlAF'fof 42 V. Impact Fee Indexing in Florida In Florida, the state legislature adopted growth management legislation referred to as "pay-as-you-grow" to ensure a "source of revenue for a local government to use in funding the infrastructure necessitated by new growth" (2006 Florida Impact Fee Act). The subsequent Florida Impact Fee Act is a post-hoc response to the number of counties and municipalities in Florida which have already adopted impact fee legislation in response to the growth management legislation. The implementation of impact fees, reflecting established procedure, requires new development to provide its share of the costs of necessary capital improvements, which must be undertaken in advance of development, and which may fluctuate from year to year. According to Collier County municipal code, "the imposition of the impact fee is to provide a source ofrevenue to fund the construction or improvement of the public facilities necessitated by growth" (Article I See 74-104). The individual impact fees (roads, schools, EMS, etc.) are then updated through studies on the capital costs to provide such improvements as well as studies on the inflation which takes place from year to year. Other counties and municipalities in Florida also use indexing procedures to update their impact fees. Miami-Dade and Hendry Counties annually index their impact fee schedules with the change in Consumer Price Index (CPI) over the past year (2006 Miami-Dade County Code, 2006 Hendry County Code). In Lee County, the variation in year-to-year state transportation project costs are calculated using the Florida Depat1ment of Transportation (FDOT) Price Trends Index; building costs are indexed with the national Engineering News-Record (ENR) Building Cost Index; and other capital costs are updated with the Bureau of Labor Statistics' Consumer Price Index (CPI) (for Miami) as part of their impact fee calculation. Lee County also utilizes indexing in the transfer of impact fee credits created in the past using the CPI (2006 Lee County Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 7 Collier County, Florida - Impaet Fee Inflation Index Caleulations Agenda Item NO.1 01'. May 22, 2007 ffRlAFtof 42 Code). Charlotte County indexes impact fees based on a percentage change of the national ENR Construction Cost Index (different from building costs) from the prior to current year and the change in Average Just Value per parcel from the Charlotte County Property Appraiser (2006 Charlotte County Code). For buildings, impact fees in Manatee County are adjusted to account for the inflation rate reflecting the costs of providing facilities from year to year using the national ENR Construction Cost Index (2006 Manatee County Code). VI. Principle Threats to a Good Inflation Index When calculating inflation a number of issues and factors arise that challenge accurate calculations. These are as follows: (a) Insuring that time-data points reflect observed not "constrained" conditions (b) Insuring that time-data points reflect the correct geography of inflation (c) Insuring that data points rcflect the COlTect triggering points of inflation Observed Not "Constrained" Conditions Inflation numbers calculated by agencies of government are often captured by the unintended realities of their use. In transportation, a transportation intlation number if too high can limit the number projects that the agency proposes. It can further upwardly influence bids on a multi-year contract by a suggested inflation figure which is used by bidders to adjust future components of work. The bidder thus uses the agency's inflation figure to provide or justify a higher bid. For a state transportation agency to include a 15 percent annual inflation figure for roads could cut the number of projects in the STIP by over three quarters. This could happen as Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 8 Collier County, Florida - Impact Fcc Inflation Index Calculations ,A.genca item No. 'i OA !\iay 22, :'007 f)RJAFtof 42 follows. As an example, suppose that the agency has 10 projects which it plans that vary from a high of 5 1 million to a low of $1000. The most expensive projects are most critical to the agency. The agency has just over 53 million to spend for an 8 year STIP. It calculates its future obligations with a three-percent inf1ation rate as follows (Table 2): Table 2 - Projects in an Eight Year STlP in Order of Priority Projects Amount Projects Amount Innation Calc.(l) Inflation Calc.(2) Definitions O,K, ] S 1.00U.OOO (X) (, 5i90.()()O Interest at @: 3%, IntL'H.'st at ((I.;' 15'% Tcnns Qtrly. OK 2 $750.()()() (X) 7 S50,OOO S2,721.000 $2.721.000 Principal (X) ] $500.00U (X) R S~()J){)() (.OJ)(X:yrs)(Sclf Amort.) (.15)(Kyrs)(Self .Amort..) Intcrest/Tenn (X) 4 >200,000 (X) 9 S](J.()()(l + S350,OOO .,. Sl2.0()()JIOO Tntallntcrcst (X) 5 SIOO,OIlO (X) 10 S 1000 S3,071.()()O >4,721,000 Total Amount X indicates a callect/cd pmjeel due to including 100 high a rule nOIl(1arioll All projects start at the same time. For just ovcr 53 million, including a three percent inf1ation rate, the agcncy can build all tcn projects; at a 15 percent inflation rate it can only build two projects, By including the real rate of inf1ation, the agcncy actually cuts the number of proposed projects by 80% (assuming they arc prioritizcd in the saine order). If in addition to real inf1ation, bidders bid up thcir prices by an additional 15 percent, i.e" thc effcctive interest rate would be 30%, the bid amount would be 2,4 times the amount the agency has available to spend (about 57,25 million). There could be no projects, This type of situation is beginning to be seen in the State of Florida. Capital projects are cancelled because the incoming bid is a multiple of anticipated project costs, Due to the effects of the above, the Florida Department of Transportation recognizes that for 2005 and 2006 there have been annual increases of 10-15 percent in road costs but their projcctions can only acknowledge these enroule to hoping that these increases will retul11 to 7 percent for 2008 and to 4-5 percent for the years following 2008. This probably will not happen. The above statement on inflation has little to do with real cost increases and much more to do with kecping thc STIP whole, This cannot be the way future Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 9 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda item NO.1 0/\ May 22, 2007 l'JRJAFttof 42 inf1ation cost increases are calculated for impact fees. Otherwise, the fees that are charged will not be able to pay for future local/county construction costs. The FDOT Index will no longer be recommended as an inflation gauge for future road costs. Reflecting the Geography of the Region Very clearly an inf1ation index must reflect the geography of the area being projected for. In locations where wages are higher and development fonn is more urbanized, nonresidential building costs are higher because these structures are built to a higher level of sophistication and quality, and/or because the local pennitting process may require more extensive review than in lower wage locations or more rural communities. The above may even have more effect than materials pricing differences that certainly vary from one geographical area to another. One of the best ways of standardizing for geographic differences in the United States is to have a national index of increases in an item related to the change that one is looking for and indexing this to differenccs nationally versus locally in a component of costs - usually ratios of annual wage rate changes. Wages are important for two reasons. First they are a significant component of construction or material handling costs. Second, they are able to be tracked both over time and from location to location. One way to do this is to employ the Public Use Microdata Sample (PUMS) of the U.S. Census of Population and Housing from 1990 to 2000 and American Community Survey (ACS) from 2000 to 2005 to compare increases in construction industry wages for those who work in a region to increases in construction industry wages for those who work in the nation as a whole over the time period 1995 to 2000. Other types of wages (i.e., trucking, etc.) can also be compared in differing geographies. This ratio of change can be applied to a national building Tindalc-Oliver & Associates, Inc., and Center for Urban Policy Research 10 Collier County, Florida -Impact Fee Inflation Index Calculations ,.G,genJa Item No.1 OA May 22, 2007 lJR'AFTof 42 cost inflation index to obtain a more localized measure of building cost increases in the location whcre it is desired to be calculated, This procedure can also be used to take a statewide inflation pcrcentage to the local level or take an index for one place in a region to a more appropriate place. In all cases the procedure is made more accurate. Thcse ratios are calculated in Table 3 below. Table 3 - Multipliers to Convert National or Statewide Indices to South Florida (Ratio of wage increases for those who work in Collier and Palm Beach Counties to the StatelNation) Years of Comparison of Used for Types of Wages Ratio Comparison Geol(raphics 1995-2005 Nation to South Florida ENR Index Construction Industry 1.35 Turner Index 1995-2005 Nation to South Florida Public Furniture (PPl) Trucking Industry 1.72 2000-2005 Florida to South Florida FDOT Urban Road Construction Industry 1.15 Construction 2000-2005 Nation to South Florida IIighway and Street Construction Industry lAD Constlllction IBtS) 1995-2005 Miami to South Florida RSMeans Index Construction Industrv 1.90 1995-2005 Miami Fort Lauderdale to CPI Trucking Industry 2.32 South Florida Reflecting the Triggering Points of Inflation Clearly, there are some components of an index that drive up costs faster than other components of an index. The key is gelling to the right component to detCl111ine true cost increascs. For administrative building public cquipment cost increases one might use the Public Building Fumiture Index. Tbis is onc oftbe triggering forces of administrative public building equipment cost increases. Clcarly, tbcre are otber components of administrative public building equipment cost increases sucb as electronics or ot1ice machines, but business fumiture is certainly an index. An index exists in the national Producer Price Index to gauge annual cost increases of the fumiture found in public buildings. Tbese may also need to be localized to reflect circumstances in particular areas of the country. This could be done by viewing national Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research II Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item NO.1 OA May 22, 2007 l}RJAFifof 42 versus regional differences in trucking industry wages. As such, a national index of public building furniture increases and a procedure to make this index more locally sensitive should be used to calculate an inflation index for administrative public building equipment. In order to do the above, one must use a recognized national surrogate for public building equipment and employ this in tandem with regional to national wage variation (for trucking industry workers) to make this a locally acceptable index of inflation. VII. General Methods of Calculating Inflation Indexing or calculating inflation increases in impact fees is a relatively new phenomenon. Most methods usually do not have an adequately specific geography. Most procedures rely on available data bases and whatever level of geography these data bases pertain to. Most are national which do a disservice to high growth areas wherein construction laborers and construction materials are in high demand and both drive up construction prices. Most national data bases are used locally without a correction factor because the same infomlation (an inflation index) is not available at the local level. Indexing impact fees or calculating their rates of inflation further use simple averages of multiple years to obtain the next year's inflation rate. This procedure really does not capture what is going on in the change over time. What is clearly more on target is a procedure that uses multiple periods of change to create a change set of data points that can be extended into the future using linear regression. This provides a dynamic measure of change that can additionally generate information for several years in to the future. Further, inflation indices often pick-up data that are generated by a source that cannot for political or pure business reasons actually disclose the full rate of observed cost increases. An Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 12 Collier County, Florida - Impact Fee Inflation Index Calculations I\Cl8nca Item t-Jo. 10:'\ ~ May 22, 2007 fiRlAJ1Tof 42 example of this situation (i.e., transportation cost increases) is covered earlier in this report. One must be careful that the data on cost increases actually reflect true cost increases over time. If data do not reflect true cost increases they should not be employed regardless of how official they are or how easily they may be gathered. A good index of inflation should (1) be geographically specific, (2) be calculated in a way to best measure change, and (3) reflect the most accurate data on actual changes in the cost of the commodity being observed, VIII. The Rolling Average - Linear Regression Procedure When calculating inflation in indices one is constantly confronted by a dilemma of choice. In an eleven year run on statistics for a particular measure of inf1ation, which average do you use? Is it for all ten interval periods in which you are biased by history. or is it for the most recent period in which you are biased by more current trends? The answer is that you must use all of the information that is presented in the fOlm of a rolling average to create a series of data points (consisting of averages) that can then be extended into the future with linear regression, With eleven years of data, it is possible to create eight three year averages based on the 10 year-to-year percentage changes. The first three year average would use the percent change of year 1-2, year 2-3, and year 3-4. The second three year change would use the percent change of year 2-3. year 3-4. year 4-5, and so on. Thus 11 data points would give 10 change percentages which would yield 8 three-year rolling averages. These provide data averages which then can be subjected to linear regression and extended multiple years into the future. The benefit of this procedure is that the "change of the change" is incorporated into the inflation analysis. On top of this, the year-to- year change is "smoothed" by a linear regression. The continuous movement of the index over Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research ]3 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item NO.1 OA May 22. 2007 l)AAf'l'of 42 time is caught by this procedure and smoothed average is used for the next severa] years. Future extensions beyond the first year provide a basis for comparing a subsequent inflation calculation with a number that has been generated in the field for the following year. Current year bid sheets should regularly be compared to the past year impact fee times the new inflation number to provide a field tested estimate of the new impact fee. The rolling average-linear regression procedure appears to catch both history and current changes and uses both fairly to generate an inflation number for the most current period and also for two additional years into the future. The benefit of linear regression is that data from prior years are generating the current year value. The mode] is thus working; it is resulting in a figure very close to the past year values enroute to generating the current year. The rolling average-linear regression procedure will be used in calculations for the four basic components of the inflation determination: land, building, equipment and transportation costs. This procedure relies on sufficient data to generate enough points to fit a regression line. This is most often for three years. ]f sufficient data are not available, the interval of measurement is compressed (to two years) to again allow for a sufficient number of data points. ]f only four years of data exist, two-year rather than three-year averages serve to generate the data points as follows: ]-2,2-3,3-4. For each of the three-year and two-year average procedure, there is 75 to 80 percent of the number of original data points that can be used as averages to regress the data into the future. For impact fee purposes, the calculated indices will be revised annually to reflect the most current data. However, years 2008 and 2009 are included to provide guidance to Collier County in preparing its crr estimates. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research ]4 Collier County, Florida - Impact Fee Inflation Index Calculations J:..qenda item r-Jo. 1 GA ~ r\'~ay 22, 20(; 7 l)'R'AF'tof 42 IX. The Revised Measures A. Calculating the Inflation Index - Land Costs The land cost index involves local information and need not rely on national averages that have to be brought to the local level. The information is obtained from the Collier County Property Appraiser (Table 4). The index also has eleven years of infomlation which allows for the use of a three-year rolling average. Annual increases in land values measured by the total "Just Va]ue" ofland in the county range from a low of7.7% in ]996-1997 to a high of30.8% in 2005-2006. The rolling three-year average produces annual increases that vary from 1] .2% (1996-1999) to 2 J .3% 2003-2006. This allows a linear regression to be fit to eight data points to yield a 2007 rate of inflation of 21.2%. The annual rate ofland inflation for 2007 in Collier County is projected to be 21.2%. Values are also produced for inflation rates for 2008 and 2009. Table 4 - Land Cost Index 3 Year Fitted Year to Year Rolling Regression Year Land Valne oj" Chanoe Averaoe Results 1996 S21,751,280,540 N/A N/A N/A 1997 S23.436.330.545 7.70/0 N/A N/A 1998 S25,777,151,470 10.0% N/A N/A 1999 S29.830.939,079 15.7% 11.2% 13.1 ~Io 2000 $33,902.799,963 13.6% 13.1% 14.1% 200] $41,333,321,441 21.9% ]7.1% 15.1% 2002 $49,671.844,946 20.2~,'O 18.6% 16.1% 2003 $57,761,717,617 16.3% 19.5% 17.1% 2004 S64.236,986,518 11.2% 15.9% 18.1% 2005 S78.260,241,235 21.8% 16.4% 19.1% 2006 S I 02.357.800.980 30.8% 21.3% 70.2% 2007 I 21,2% 20081 22.2% 2009 23.2~1o (Source: CeJllicr Coumy Prupel1y Appraiser - 1996-2006) Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 15 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item NO.1 OA lv1ay 22, 2007 fJRJAFrtof 42 B. Calcnlating the Inflation Index - Building Costs The most involved calculations of inflation are for building costs, This is true because it is difficult to obtain a building cost index specifically applicable to the urbanized areas of the southern portion of Florida, Three indices of building costs can be employed at the national level: the Turner Building Cost Index (from the Turner Construction Company); the Engineering News-Record (ENR) Building Cost Index; and the RSMeans Building Cost Index, The first involves national averages with no local information; the second and third involve a 30-city national average with one of those indices using the City of Miami as a local average (RSMeans Building Cost Index). The first two national indices (Turner and ENR) are adjusted by the difference in construction industry wage rate changes for the nation versus a two-county South Florida urbanized area (Collier and Palm Beach Counties), The industry sector of construction is used to apply generally to building construction. Increases in annual wages for construction industry workers who are employed in Collier and Palm Beach Counties are compared to those workers who work in the construction industry nationally for the period 1995 to 2005. The ratio of annual wage increase for workers in these two Southern Florida counties is 1,35 times the national average. This infonnation is obtained from the U.S. Census Public Use Microdata Sample (PUMS) from 1990 to 2000 and from the American Community Survey (ACS), Public Use Microdata Sample (PUMS) from 2000 to 2005. A similar procedure is used for the RSMeans Building Cost Index to allow it to reflect wage change differentials in Collier/Palm Beach Counties as opposed to the City of Miami. Costs for construction nationally using the ENR construction increase and a simple annual average va.ries from a low of 0.8%, (1997-1998) to a high of 7.9% (2003-2004) (Table 5). Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 16 Collier County, Florida - Impact Fee Inflation Index Calculations ,!\oenda item ~~o. lOA ~ r\~ ')2 2"( 7 ,Jlay -'- , \.},j fiRJAFtof ~2 Costs for construction nationally using the ENR construction cost index (three-year average) vary annually from a low of 1.4% (2000-2003) to a high of 5.8% (2003-2006). This index, adjusted by wage rate changes reflecting the difference between South Florida and the nation (Adjusted Index - 1.35 multiplier of index change), and subjected to three year averages, vary from a low of 1.9% (2000-2003) to a high 01'7.3% (2003-2006). These eight numbers fit by a linear regression equation yield a 6.8% inflation rate in building eosts for 2007. Table 5 - ENR Building Cost Index Adjusted Year to 3 Year Actual Adjusted 3 Year Fitted ENR Year % Rolling Index Index Adjusted Rolling Regression Year Index Chauue Averaue Chanue Chanue Index Averaue Results 1996 3.203 N/A N/A N/A N/A 3.203 N/A N/A 1997 3,364 5.0% N/A 161 217 3,420 N/A N/A 1998 3,391 0.8% N/A 27 36 3,457 N/A N/A 1999 3,456 1.9% 2.6% 65 88 3,545 3.5% 1.5% 2000 3,539 2.4% 1.7fj~ 83 112 3,657 1.30/0 2.2% 200] 3,574 1.0% 1.8O/~ 35 47 3,704 ') '01 2.8% _.j /0 2002 3,623 1.4% 1.6~/o 49 66 3,770 2.1~'O 3.5% 2003 3,693 1.9% 1.4% 70 95 3,865 1.9% 4.2% 2004 3,984 7,9% 3.7~~ 291 393 4,257 4.8% 4.8% 2005 4,205 5.5~,'O 5.1%, 221 298 4,556 6,6% 5,5% 2006 4.369 3.9% 5.8~-o 164 221 4,777 7.3% 6.2% 2007 6.8~~ (Source: Engineering News-Record Building Cost Index -1996-2006) Costs for construction nationally using the Turner Construction Index and a simple annual average vary from a low 01'0.3% (2002-2003) to a high of 10.6% (2005 to 20(6) (Table 6). Costs for construction nationally using the Turner Construction Index (three-year average), vary from a low of 1.4% (2000-2003) to a high of 8,5% (2003-2006). Changes in this index, adjusted by construction industry wage rate changes reflecting the difference between South Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 17 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item NO.1 OA May 22, 2007 DRJAlNfof 42 F]orida and the nation from ]995 to 2005 (Adjusted Index ~ 1.35 multiplier of index change), and subjected to three-year averages, vary from a low of 1 ,8% (2000-2003) to a high of 10.6% (2003-2006). These eight numbers fit by a linear regression equation yield a 6.9% increase in building costs for 2007. Table 6 - Turner Building Cost Index Adjusted Year to 3 Year Actual Adjusted 3 Year Fitted Turner Year 'Yo Rolling Index Index Adjusted Rolling Regression Year Index Chanoe Averaoe Chanoe Chanoe Index Averaoe Results 1996 505 N/A N/A N/A N/A 505 N/A N/A ]997 525 4.0% N/A 20 27 532 N/A N/A 1998 549 4.6% N/A 24 32 564 N/A N/A 1999 570 3.8% 4.1% 21 28 593 5.5% 3.8% 2000 595 4.4% 4.3% 25 34 627 5.6% 4.2% 200] 613 3.0% 3.7% ]8 24 65] 4.9% 4.6% 2002 6]9 1.0% 2.8% 6 8 659 3.6% 5.0% 2003 621 0.3% 1.4% 2 3 662 1.8% 5.3% 2004 655 5.5% 2.30;0 34 46 708 2.9% 5.7% 2005 717 9.5% 5.1% 62 84 79] 6.4% 6.1% 2006 793 ]0.6% 8.5% 76 ]03 894 ]0.6% 6.5% 2007 6.9% (Source: Tumer Construction Company Building Cost Index - 1996-2006) Costs for construction using one of the 30 cities of the RSMeans national30-city average (Miami) yields cost increases (simple annual average) that vary from a low of 0.8% (1997-] 998) to a high of9.9% (2004-2005) (Table 7). Costs for this same index yields increases (three year average) that vary Ii'om a low of 1.2% annually (1997-2000) to a high of7.4% (2003-2006). These eight numbers fit by a linear regression equation yield a 6.9% increase in building costs for 2007. Changes in this index, adjusted by construction industry wage rate changes reflecting the difference between Collier and Palm Beach Counties and the City of Miami from] 995 to Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 18 Collier County, Florida - Impact Fee Inflation Index Calculations .~genda Item NO.1 O.A May 22. 2007 lJRJAF,!,of 42 2005 (Adjusted Index - ] .90 multiplier ofIndex Change), and subjected to three-year averages, vary from a low of 2.2% (1997-2000) to a high of 12.0% (2003-2006). These eight numbers fit by a linear regression equation yield an 11.4% increase in building costs for 2007. Table 7 - RSMcans Adjusted Year to 3 Year Actual Adjusted 3 Year Fitted RSMcans Year 0/0 Rolling Index Index Adjusted Rolling Regression Year Index Chan e Averaoe Chan(Je Chan(Je Index Avcra(Je Results ]996 95.9 N/A N/A N/A N/A 95.9 N/A N/A ]997 98.2 2.4% N/A 2.3 4.4 100.3 N/A N/A 1998 99.0 0.8%) N/A 0.8 1.5 ] 01.8 N/A N/A ]999 100.8 1.8% 1.7% 1.8 3.4 ]05.2 3.1% 1.1% 2000 ] 01.8 1.0% ].2% 1.0 1.9 107.] 2.2% 2.4% 200] ]04.6 2.8% 1.9% 2.8 5.3 112.4 3.4% 3.7% 2002 107.4 2.7% 2.1%) 2.8 5.3 117.8 3.8~~ 5.0% 2003 ] 10.5 2.9~,~ 2.8% 3.1 5.9 123.6 4.9% 6.3~~ 2004 ] ]5.6 4.6% 3.4~/~ 5.] 9.7 ]33.3 5.9% 7.6% 2005 127.1 9.9% 5.8% 11.5 21.9 155.2 9.7% 8.8% 2006 136.7 7.6% 7.4O,~ 9.6 ] 8.7 173.4 12.0% 10.1% 2007 1].4% (Source: RSMcans - 1996-2006) Combining the results of the three linear regressions yield an annual 8.4% increase in building costs in South Florida for the year 2007 (Table 8). Figures are also provided for the years 2008 and 2009. Tindale-Olivcr & Associates, Inc., and Center for Urban Policy Research 19 Collier County, Florida - Impact Fee Inflation Index Calculations Aaenda Item NO.1 OA - May 22, 2007 bRJAFtof ~ 2 Table 8 - Average of Three Building Cost Indices Turner Index 5.5% 5.6% 4.9% 3.6% 1.8% 2.9% 6.4% 10.6% ENR Index 3.5% 2.3% 2.3% 2.1% 1.9% 4.8% 6.6% 7.3% Year 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 (Source: Rutgers University CUPR calculations, 2007) RSMeans Index 3.1% 2.2% 3.4% 3.8% 4.9% 5.9% 9.7% 12.0% Average of Indices 4.0% 3.4% 3.5% 3.2% 2.9% 4.5% 7.6% 10.0% Fitted Regression Results 2.2% 2.9% 3.7% 4.5% 5.3% 6.0% 6.8% 7.6% 8.4% 9.1% 9.9% C. Calculating the Inflation Index - Building Equipment Costs The administrative public building equipment cost inf1ation index is probably the most difficult calculation. This is due to the nature of office equipment. Office equipment involves durables consisting of electronic equipment, furniture, appliances, and shelving/filing equipment. Equipment may be produced anywhere and shipped anywhere. It is very difficult to obtain local measures of cost increases. A Producer Price Index exists nationally for Public Building Furniture but it is very difficult to take this down to a local area. A Consumer Price Index exists for the local area but it includes extraneous expenditures on housing, food, clothing and entertainment. The best way to handle the above is to use a combination of the above two indices. There is a national Producer Price Index for Public Building Furniture. There is also infonnation on changes in trucking industry wages for those who work in a particular area of the State of Florida (Collier and Palm Beach Counties) versus changes in trucking industry wages for those who Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 20 Collier County, Florida - Impaet Fee Inflation Index Calculations Agenda Item No.1 OA f",'lay 22, 2007 lJ.R!AFTof 42 work nationally. These are for workers who work in these counties as opposed to those who work in other national locations. Trucking wage differentials are important because there is an essentially similar national market for building equipment and the delivered price differs largely due to variation in regional trucking wage ratios. The ratio of the change in trucking industry wages for those who work in South Florida (Collier and Palm Beach Counties) to those who work in the United States as a whole is] .72. Using a simple average. the Puhlic Building Fumiture Index increases from a low of -0.3% (2001 -2002) to a high of 4.2% (2004-2005) (Table 9). The three-year rolling average increases vary from a low of 0.0% (2000-2003) to a high of 3.7% (2003-2006). Changes in these numbers, adjusted for the wage increase difference in the above South Florida counties versus the nation from 1995 to 2005 (Adjusted Index), and subjected to three-year averages, vary from a low of 0.0% (2000-2003) to a high of 6.1 % (2003-2006). These eight numbers fit by a linear regression equation yield a 2007 inflation increase in Public Building Fumiture in the South Florida counties of 4.4%. Tindale-Oliver & Associates, Ine., and Center for Urban Policy Researeh 21 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda It"m NO.1 OA May 22, 2007 fliRJAF~of 42 Table 9 - Public Building Furniture Adjusted Producer Year to 3 Year Actual Adjusted 3 Year Fitted Price Year % Rolling Index Index Adjusted Rolling Regression Year Index ChanGe AveraGe ChanGe ChanGe Index Averaoe Results 1996 138.9 N/A N/A N/A N/A 138.9 N/A N/A ]997 141.4 ].8% N/A 3 4 143.2 N/A N/A 1998 141.6 0.1% N/A 0 0 143.5 N/A N/A 1999 142.6 0.7% 0.9% 1 2 ]45.3 ].5% 0.0% 2000 ]43.9 0.9% 0.6% ] 2 ]47.5 1.0% 0.5% 2001 144.3 0.3% 0.6% 0 1 148.2 1.1% 1.]% 2002 143.9 -0.3% 0.3% 0 -1 147.5 0.5% 1.6% 2003 J43.8 -0.1% 0.0% 0 0 J47.3 0.0% 2.2% 2004 147.9 2.9% 0.8% 4 7 154.4 1.4% 2.8% 2005 154.1 4.2% 2.3% 6 11 165.0 3.9% 3.3% 2006 ]60.4 4.1% 3.7% 6 ]] 175.9 6.1% 3.9% 2007 4.4% (Source: Producer Price Index - 1996-2006) The second index to be used is the Consumer Price Index (CPI) for Miami-Fort Lauderdale, Florida. The AlIllems CPI is used. This index shows simple average annual changes which vary from a low of 1.2% (] 998-1999) to a high of 4.9% (2005-2006) (Table 10). This index also shows three-year average increases which vary from a low of 1.9% (1996- 1 999; 1997-2000) to a high of 4.1 % (2003-2006). Changes in this index, adjusted by trucking industry wage rate differentials reflecting the difference between Collier and Palm Beach Counties and the Miami-Fort Lauderdale area from 1995 to 2005 (Adjusted Index - 2.32 multiplier of index change), and subjected to three-year averages, vary from a low of 4.2% (1996-1999) to a high of 7.7% (2003-2006). These eight data points, each representing a three-year average, are fit by a linear regression equation. This yields a 7.3% inflation rate in the Consumer Price Index for 2007 in Miami-Fort Lauderdale. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 22 Collier County, Florida - Impact Fee Inflation Index Calculations !\g~~;I:Ja item NO.1 G.A. May 22, 2007 lJRJAF'i'of 42 Table JO -CPI - All Items Adjusted Year to 3 Year Actual Adjusted 3 Year Fitted CPI Year % Rolling Index Index Adjusted Rolling Regression Year Index Chanoe Avcraoe Chanoe Chanoe CPI Index A vera e Results 1996 153.7 N/A N/A N/A N/A 153.7 N/A N/A 1997 158.4 3.1% N/A 4.7 10.9 164.6 N/A N/A 1998 160.5 1.3~'O N/A 2.1 4.9 169.5 N/A N/A 1999 162.4 1.2% 1.9% 1.9 4.4 173.9 4.2% 4.0% 2000 167.8 "I "IOj, 1.9% 5.4 12.5 1 86.4 4.3% 4.4% -'.j ,0 2001 173.0 3.1% 2.5~/o 5.2 12.1 198.5 5.4% 4.8% 2002 175.5 1.4% 2.6%, 2.5 5.8 204.3 5.5% 5.2% 2003 180.6 2.9% 2.5{Yo 5.1 11.8 216.1 5.1% 5.7% 2004 185.6 2.8% 2.4% 5.0 11.6 227.7 4.7% 6.1% 2005 194.3 4.7% 3.5% 8.7 20.2 247.9 6.7% 6.5% 2006 203.9 4.9% 4.1~'O 9.6 22.3 770.2 7.7% 6.9% 2007 7.30/0 (Source: Consumer Price Index - 1996-2(00) Combining the two linear regression results for the above two indices yields an annual tigW'e for inflation in administrative public building equipment in South Florida of 5.9% in 2007 (4.4% and 7.3%"" 2) (Table II). Additional figures are produced for 2008 and 2009. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 23 Collier County, Florida - Impact Fee Inflation Index Calculations Aoenda Item NO.1 OA - May 22, 2007 bRlAFtof 42 Table 11- Ayerage of Two Building Equipment Indices Year Public Furniture Index CPI Index 4.2% 4.3% 5.4% 5.5% 5.1% 4.7% 6.7% 7.7% 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 (Source: Rutgers University CUPR calculations, 2007) 1.5% 1.0% 1.1% 0.5% 0.0% 1.4% 3.9% 6.1% Average of Indices 2.9% 2.6% 3.2% 3.0% 2.5% 3.0% 5.3% 6.9% Fitted Regression Results 2.0% 2.5% 3.0% 3.4% 3.9% 4.4% 4.9% 5.4% 5.9% 6.3% 6.8% D. Calculating tbe Inflation Index - Transportation Costs (Roads) The transportation inflation index is based upon FlOlida Depmiment of Transportation reports of actual cost increases for a centerline mile of urban roads from 2000 to 2006. Urban roads are used because Collier County has not constructed anything else since 2000. The simple average of road cost increases varies from a low of 5.4% (2003-2004) to a high of 53.0% (2004- 2005) (Table 12). Rolling averages are used in this calculation and since there are only seven original data points, a two-year rolling average is employed which yields five new data points. When this procedure is calculated using a two-year rolling average, it generates incrcases that vaJ'y from a low of 5.6% (2003-2005) to a high of 43.8% (2004-2006). The above figures are statewide avcrages for road inflation costs. Changes in these indices must be adjusted by the 2000 to 2005 increase in construction industry wage differences from those who work in the state as a whole to those who work in developed urban counties of Collier and Palm Beach. This amounts to a 1.15 times the increase in this area versus the state as Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 24 Collier County, Florida - Impact Fee Inflation Index Calculations Aasnda Item r-Jo. 10.A. ~ May 22,2007 D-RIAF'tof t,2 a whole. This procedure alters the index changes by this amount. These changes, subjected to two-year rolling averages, vary from a low of 6.3% (2002-2004) to a high of 47.9% (2004-2006). After being fit by a linear regression equation on the new data, a 2007 inflation rate of 50.7% is produced. Table 12 - FDOT Urban Construction Cost Increases Adjusted FDOT Year to 2 Year Actual Adjusted 2 Year Fitted LRE Year % Rolling Cost Cost Adjusted Rolling Regression Year Costs Chanoe A veraoe Chanoe Chanoe Costs Averaoe Results 2000 S U 38,288 N/A N/A N/A NIA $1,138,288 N/A N/A 2001 51.248,607 9.7%, N/A 1 J 0,319 126.866 5 I ,265.154 N/A N/A 2002 5 I ,358,925 8.8% 9.3~/o 110,319 126,866 5 I ,392,021 10.6% 1.30/0 2003 51,437,025 5 iO/ 7.3% 78.1 00 89.815 5 I ,481 ,836 8.2% 11.2% . I /0 2004 51.515,125 5 .4 (~o 5.6'Yo 78.100 89.815 51,571,651 6.3% 21.1% 2005 $2,318,054 53.0% 29.2% 802,929 923.368 $2,495,019 32.4~1o 30.9% 2006 $3.120.983 34.6(~,'D 43.8~,'O 802.929 923,368 $3,418,387 47.9% 40.8% 2007 50.7% (Source: florida Department of Transportation, Long Range Estimates (LRE) Model. 2006) Another method for viewing road cost increases is the use of the Producer Price Index for Highway and Street Construction for the period 2000 to 2006. This index shows simple average annual changes which vary from a low of -2.1 % (2001-2002) to a high of 12.6% (2004-2005) (Table 13). This index also shows two year average increases which vary from a low of 0.1 % (2001-2003) to a high of 11.7% (2004-2006). Changes in these two data points are adjusted for the difference in changes in wage rates (2000-2005) between those who work in the construction industry in South Florida (Collier and Palm Beach Counties) and those who work in the construction sector in the nation as a whole. This multiplier is 1.40. These changes, subjected to two-year rolling averages, vary from a low of 0.1 % (2001-2003) to a high of ] 5.2% (2004-2006). Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 25 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item r,o. 10A May 22. 2007 ~Ftof 62 These points are then fit by a linear regression equation yielding a 19.0% change in inflation in highway and street construction for 2007. Table 13 - Highway and Street Construction Index Adjusted Highwayl Year to 2 Year Actual Adjusted 2 Year Fitted Street Year % Rolling Index Index Adjusted Rolling Regression Year Index Chanoe Averaoe Chanoe Chan e Index A vera e Results 2000 126.6 N/A N/A N/A N/A 126.6 N/A N/A 2001 136.5 7.8% N/A 10 14 140.5 N/A N/A 2002 133.7 -2.1% 2.9% -3 -4 136.5 4.1% 0.9% 2003 136.6 2.2% 0.1% 3 4 140.6 0.1% 4.5% 2004 148.2 8.5% 5.3% 12 16 156.8 7.3% 8.1% 2005 166.8 12.6% 10.5% 19 26 182.9 14.1% 11.8% 2006 184.8 10.8% 11.7% 18 25 208.1 15.2% 15.4% 2007 19.0% (Source: Producer Price Index - 2000-2006) Combining the two linear regression results to the above two indices yields an annual figure for inflation in transportation costs (roads) in South Florida (2007) of 32.0% (Table 14). Additional figures are produced for 2008 and 2009. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 26 Collier County, Florida - Impact Fee Inflation Index Calculations A:;enda Item [\10. 10A , May 22, 20r)7 J')R!AFtof 42 Table] 4 - Average of FOOT and BLS Highway and Street Construction Indices Year FOOT Costs Highway/ Street Construction Index 4,1% 0,1% Average of Indices 7.3% 4.2(~<<> 6.8% 23.2% 31.5% 2002 2003 2004 2005 1006 2007 2008 2009 (Source: Rutgers University CUPR calculations, 2(07) 10.6% 8.2~,~ 6.30/0 32.40/0 7.3~'O 14.1% 15.2% 47.9% Fitted Regression Results NlA 2.2% 9.7% 17.1% 24.6% 32.0% 39.5% 46.9<jo It should be noted that Tindale-Oliver & Associates, Inc. is in the process of updating the County's transp0l1ation impact fee. The study's findings also confirm the cost increase of 32 percent between 2006 and 2007. X. Conclusions/Implications Table 15 - Summary of Inflation Increases for 2007 Land Costs Building Costs Building Equipment Transportation Costs Costs 1007 11.2% 8.4'Yo 5.9% 32.0% (Source: Rutgers Uni"'::'fsity CUPR calculations. 2007) What do the previous calculations indicate about changes in the cost of capital goods over time (Table 15)? One indication is that the actual year-to-year change is certainly more than it has been estimated to be in the past. This is true for two reasons. First. multiple year rolling averages jj( by a linear regression should replace simple annual changes. Second, national and statewide index changes should be taken down to the local level. Often, measuring the change- Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 27 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item NO.1 0,1\ May 22, 2007 5RJA.Ftof 42 in-the-change is necessary to generate the most accurate inflation factor for the next year. Further, local situations, i.e., high growth and natural hazards provide increased competition for building materials and construction wages in South Florida versus elsewhere. At least wages must be taken into account in the inflation calculation. A second indicator is that the inflation calculation is more complicated than it has been in the past because other data sources (the rUMS from the Census and the ACS) must be used to adjust national averages to the situation in South Florida. This requires an extensive amount of srss programming to read the volume ofrecords of these new data sources. A third indicator is that data must be observed, not "constrained." Transportation road construction cost increases must be realistically reported to allow county and local governments to adjust their impact fees to reflect actual future costs. Observed road cost increases are multiple times the level being reported by the Florida Department of Transportation (FOOT) for its five-year projections. Measured cost increases should be used tempered by national cost increases. Both should be adjusted for South Florida wage conditions. A fourth indicator is that while there may be some slowing in residential construction affecting material prices (lumber), other materials are used in public building construction (steel and cement) that may not be slowing in price. FUliher, there is no indication that there is any slowdown in construction wages. Thus public building construction costs are increasing despite potential residential slowdowns. Finally, a fifth indicator is that land prices continue to escalate in South Florida and elsewhere in Florida. The continued demand for residential and nonresidential space in a fast growing state market, and even faster growing national and international markets, means that Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 28 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda item r'>lo. 10A rV:ay 22, 2007 DRAF'fof 42 Florida land will continue to escalate in price. Again this has little to do with cyclical changes in the national residential market. Overall, prices are increasing faster than has been anticipated in the past in land, building costs, equipment, and transportation. This should play heavily in the calculation of impact fees. However, it is also recommended that when the calculated combined index for a specific impact fee program area exceeds 15 percent, the County should verify the cost increase through an analysis of bid data, land purchases, and other available data. This will further ensure that the new development will not be overcharged. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 29 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item No. lOA May 22, 2007 flRJAF,!,of 42 XI. References 2005 Fire/Rescue Services Impact Fee Update Study. 2005. Tindale-Oliver Associates, Inc. Collier County Florida Impact Fee Administration. Web Access. http://www.collicmov.net/index.aspx ?paue= I 7f2 Building Cost Index. 2006. The Engineering News-Record (ENR), McGraw Hill Construction. California Mitigation Fee Act. Uploaded in 2005. Accessed from Duncan Associates, State Impact Fee Enabling Acts. Web Access. http://www.impactfees.com/ Code of Laws and Ordinances. 2006. Collier County, Florida. Web Access. http://www.municode.com/resources/ gatewav.asp7pid= ] 0578&sid=9 Code of Miami-Dade County, Florida. Updated 2006. Web Access. http://www.municode.com/resources/gatewav.asp7pid= I 0620&sid=9 Code of Ordinances County of Hendry, Florida. Updated 2006. Web Access. http://www.municode.com/resources/uatcwav.asP?Did~ I 0908&sid~9 Code of Ordinances of Charlotte County, Florida. Updated 2006. Web Access. http://www.municode.com/resources/ gateway .asp7Did= I OS 76&sid=9 Code of Ordinances of Manatee County, Florida. Updated 2006. Web Access. http://www.municode.com/resources/uatewav .asp')pid= I 047 8&sid=9 Consumer Price Index (CPI). 2005 & 2006. U.S. Department of Labor, Bureau of Labor Statistics. Web Access. http://www.bls.gov/cpi/ Correctional Impact Fee Study. 2005. Duncan Associates with Dr. James C. Nicholas. Collier County Florida Impact Fee Administration. Web Access. http://www.collieruov.net/index.asDx 7Dage= I 776 Emergency Medical Services Impact Fee Study Update. Tindale-Oliver Associates, Inc. Collier County Florida Impact Fee Administration. Web Access. http://www.colliergov.net/index.aspx 7page= 1 776 Florida Department of Transportation (FDOT). 2006. Construction Cost Inflation Factors. Web Access. httD:/ /www.dot.state.tl.us/planning/Do! icy /costs/intlation. pdf General Government Building Impact Fee Update Study. 2006. Tindale-Oliver Associates, Inc. Collier County Florida Impact Fee Administration. Web Access. httD://WWw.collieruov.net/indcx.aspx 7page= 1 77 6 Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 30 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item r~o. 10A May 22. 2007 DR!AFTof 42 Impact Fees for New Development, Nevada. Uploaded 2005. Acccssed from Duncan Associates, State Impact Fee Enabling Acts. Web Access. http://www.impactfees.eom/ Just Land Values. 2006. Collier County Appraiser. Personal Communication Land Development Code County of Lee. Florida. Updated 2006. Web Access. http://www.municode.com/resourees/ uatewav .asp?pid~ J 2625&sid~9 Law Enforcement Impact Fee Study Cost And Credit Update. 2006. Tindale-Oliver Associates, Inc. Collier County Florida Impact Fee Administration. Web Access. htill./ /www.colliemov.net/index .aspx "paue= 1 726 Library Facilities And Items/Equipment Impact Fee Update. 2006. Tindale-Oliver Associates, Inc. Collier County Florida Impact Fee Administration. Web Access. http://www.collier~ov.nct/index.aspx?paue= I 726 Park 1mpact Fee Update. 2006. Duncan Associates With Dr. .lames C. Nicholas. Collier County Florida Impact Fee Administration. Web Access. htlp:/ /www.collieruov.net/index.aspx 0pagc= 1 726 Place of Work SOli: Annual Wages of Construction Workers (Industry or Occupation) Bureau of Census. Washington D.C. Produccr Price Index (PPI) for Public Building Furniture. 2006. U.S. DepaJiment of Labor, Bureau of Labor Statistics. Web Access. htlP:/iwww.bls.uov/ppi/ RSMeans Company, Inc. 2007. Square Foot Costs. Kingston, MA. School Impact Fee Update. 2005. Tindale-Oliver Associates, Inc. Collier County Florida Impact Fee Administration. Web Access. http://www.collieruov.net/index.aspx.Jpage=I726 The Florida Impact Fee Act. 2006. SB 1996 s. I s. 163.3180 I. Web Access. h tlp: / iwww.mvfloridahouse.goviScctions/Documents/!oaddoe.asp x '! F i I eN a 111 e~ s I I 96e2.ht111I&D0cumentTvpe=Bill&BillNu111bcr= I L?..0&~cssion=2006 Transportation Impact Fee Update Study. 2006. Tindale-Oliver Associates. Inc. Collier County Florida Impact Fee Administration. Wcb Access. http://www.colliergov.net/index.aspx ')page~ I 72 6 U.S. Census Bureau, 1990 Census of Population and Housing, Public Use Microdata Sample, United States: 1993. U.S. Census Bureau, 2000 Census 0fPopulation and Housing, Public Use Microdata Sample, United States: 2003. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 31 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item No. 10A l,1ay 22, 2007 Dlli\fl'of 42 U.S. Department of Commerce American Community Survey. 2005. Public Use Microdata Sample (PUMS). Web Access. hUp://factfinder.census.gov/home/en/acs pums ?005.html U.S. Department of Commerce. U.S. Census of Populations and Housing. 1990 and 2000 Public use Microdata Sample (PUMS) Place of Work sort. Bureau of Census. Annual Wages of Construction Workers (Industry or Occupation). Washington D.C. Water And Wastewater Impact Fee Study. 2006. Public Resources Management Group, Inc. Collier County Florida Impact Fee Administration. Web Access. hUn:/ /www.col1iergov.netlindex.as)lx?page=1 726 Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 32 Agenda Item NO.1 OB lviay 22, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation that thc Collier County Board of County Commissioners (BCC) approve a budget amendment totaling $250,000 from FY07 Fund 186 Reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. (Companion item to Community Redevelopment Agency approval of expenditure under 14A to be considered following action on 14A) OBJECTIVE: Recommendation that the Collier County Board of County Commissioners, contingent upon CRA approval, authorize a budget amendment totaling $250,000 from FY07 Fund 186 Reserves to assist with the establishment of a Florida State University (FSU) School of Medicine rural health training center in Immokalee. -- CONSIDERATIONS: On June 16, 2004, the Immokalee Local Redevelopment Advisory Board met to recommend that the Community Redevelopment Agency (CRA) utilize Tax Increment Financing funds to assist with the establishment of an FSU School of Medicine rural health training center in Immokalee. The purpose of the facility is to train nurses, social workers and other healthcare professionals who will, in turn, provide medical services to the Immokalee community. In 2004, the total cost for this project was estimated to be between $ I .3-1.5 million, however, the estimated cost has since increased. Most of the funding will be borne by the university and private donors. On June 22, 2004, the CRA gave "conceptual" approval for this expenditure, but requested that an itemized list of speeific costs be submitted for consideration before final approval of a dollar amount, not to exceed $250,000, could be made. To satisfy the CRA Board's request, Mr.Richard Akin, CEO of Collier Health Services, Inc. (a partner with FSU's School of Medicine), submitted a budget outlining the project's start-up costs. The budget is attached to this executive summary as Exhibit A. At the June 22, 2004 meeting, the CRA also requested that the County Attorney's office review the proposed expenditures to ensure consistency with the County's Redevelopment Plan and Chapter 163, Florida Statutes. The itemized budget and legal review requested on June 22, 2004, was brought back to the CRA on November 16,2004, where the CRA approved the expenditure of $250,000 in FY05 Budget Tax Increment Financing (TlF) funds. However, other necessary funding !()r the FSU Medical Facility was not realized and this expenditure was deferred to FY06 with budgeted dollars placed back into Reserve until the timing of this project was clearly defined. On January 18, 2006, the Immokalee Redevelopment Advisory Board again recommended approval of the expenditure of $250,000 from FY 06 Fund 186 Reserves to support this project. On February 14, 2006, the CRA and the BCC each approved the expenditure of $250,000 in tax increment funds from the FY06 Fund 186 Reserves, as set forth in Exhibit A. This project did not proceed in FY06 and no funds were specifically eam1arked for this project in FY07 due to the continued uncertainty of the project. -- After lengthy negotiations between FSU and NCH Healthcare System, Inc. a Florida non- profit corporation (NCH), on or about April 3, 2007, a warranty deed was executed between Commw1ity Health Care, Inc. (CHC), a not. for-profit corporation fonned by A;]enda Item No.1 US May 22. 2C107 2 of 15 NCH, and the Florida State University Board of Trustees, which transferred title to the property from FSU to CHC (see attached Gift Agreement between NCH and FSU and the warranty deed). Funding in the amount of $ ] ,200,000 is included in line 260, page 55 of the FSU Medical Center budget along with other capital expenditures set aside for the entire FSU Medical Center system. A one-time appropriation of $967,000 was made available for operations in the current fiscal year. Future operations of the center will be subject to annual appropriations which arc not guaranteed at this time, and it should be pointed out that there is a risk that the Immokalee FSU center will not be funded in future years. There is never a guarantee that recurrent funding will be approved by the State Legislature. Therefore, the BCC runs the risk of approving a medical center that potentially could close within one year due to a lack of operating revenue. Jt is also possible that the FSU Medical School could reallocate funding for this Medical School from the general appropriation if cost overruns occur somewhere else in the FSU Medical School budget. On April 18, 2007, the Immokalee Redevelopment Advisory Board again recommended approval of the expenditure of $250,000 from FY07 Fund 186 Reserves to support this project as outlined in Exhibit A. FISCAL IMPACT: CRA redevelopment efforts are funded primarily through Tax Increment Financing (TIF) revenue. In practice, revenue for this CRA is generated from a rate applied against the captured assessed value increment. This assessed value increment is the difference between the base assessed valuation within the Redevelopment Area, established in 1999, and the new higher assessed valuation. Jt is anticipated that the assessed value increment will increase each year during the Redevelopment District's life providing for moderate tax revenue increases used to finance redevelopment initiatives. The funds being requested from the BCC are for initial costs associated with the appraisal and general cleaning and repair of an unused 32,000 square-foot building in Immokalee now owned by FSU provided it remains a medical training facility and allows NCH to operate a rehabilitation/physical therapy clinic out of one of its offices free-of-charge. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The establishment of a rural health training center will further the implementation of the County's Redevelopment Plan. Accordingly Section 4.4 of the Plan (Community Objectives), economic development is emphasized in the area in order to "expand research opportunities in health care industry; nurture entrepreneurial business development and retention; and increase small-business startups and expansions." GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, and may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. LEGAL CONSIDERATIONS: As previously mentioned, the itemized budget and legal review were brought back to the CRA on November 16,2004, following the County 2 Agenda Item NO.1 OB May 22, 2007 Page 3 of 15 Attomey's office finding tbat tbe expenditures are consistent witb both tbe Redevelopment Plan and Cbapter 163, Florida Statutes; therefore it is legally sufficient for Board consideration and approval. ADVISORY BOARD RECOMMENDATION: As stated above, tbe Immokalee Local Redevelopment Advisory Board bas recommended and endorsed tbis project to tbe CRA, for the use of $250,000 of Fund 186 Reserves, contingent upon NCH and FSU agreements, on June 16, 2004, January 18,2006, and April 18, 2007. Tbe agreement has been finalized and tbe property sale is completed per tbe attached copies of the agreement and tbe warranty deed. STAFF RECOMMENDATION: That the Collier County Board of County Commissioners, contingent upon approval by tbe CRA, approve a budget amendment to approve tbe expenditure of not more than $250,000 in Tax Increment Funds from the FY 07 Fund 186 Reserves, as set fortb in Exhibit A, to assist witb tbe establisbment of a FSU School of Medicine rural bealth training center in lmmokalee upon receipt and acceptance of evidence of paid bills for uses limited to tbose sbown in Exhibit A. Prepared by: Thomas Greenwood, Principal Planner, Comprehensive Planning Department 3 Item Number: Item Summary: Meeting Date: Page 1 of 1 t',gend,'j Item No. 108 22_ ::D07 40115 COLLIER COUNTY BOARD or COUNTY CDMMie,SIONERS 'rif; . ~'I' ItW7\ TQ tk h.o.Jrd 81 4 "n p m Fi'lcomlTlendat!Dr. Un! tne C"lller C(1Lmty E'loarj 0: Coullty ~. ()1ll11'ISSI~"wrs '8C::: '-lpp~'ViO '" Ul.(lqel O'r;end''-Hjn~ tOtillil",g $~50 OJD from FY07 rund : 56 resC'rVi"f, to <l~,'IS' '.','Ith !tH" eotC:~:Jils::rnoI1\ nf H ;"!rjr'Ja Sldte :)'l'Ver3.1y S:,I'';Ooi 01 PJle::JI~:rle rur,11 tle81:h ~'a~n:'1g ce'1tH 11'I IrnnlDkulee (CoC'lp,mlon :terTI 10 Comllll.H1ity Pcdeveloprnellt ;'.U0r:cy i-Ir;pru."a: rj! O')THI-::!:iure Linder '14.:" 10 be cor ~'cen-)d i'olltl\\':f1,1 ,,~tiC)n ClI"; 14;\: .!Osc',ph K. ~,.:;r!ITlilt. AGmir>l5tratm C:0'11ml.l'"ty D""!F.'loprnen\ and E'nvT'.:mnenl:'l' SerVice, Di'vl:':I0IlJ 5.'2:;/:':;07 9 ~\C'()G/..rvi Prin(.lpalPlanllcr [lilte Prepared By T110ma~ Greenwo"d Communitv Development & EnvironmentalServicUfi ::::omr~lleflSlvePlamllng 51U.'~007 g,(J4:4RAM Date Allproved B}' Marlenu ~,\eVllIrl ~xUGutivc Secretary StUC0075:00PM Allprond By Commun'IY DevelOpmenT. & Commul1Ity Developmurlt & ftwironmentillS,crvices "nviro'lnlC'ntnIService>>Admin. JUdyPLlig Community DevI1lnpm"nt &. EnvironmenlalServices OreralionsAnalyst [);lle Community Development & EnVlronmQntaiServicesAdmm. 5/10120078:15AM D~te Apprnvl"d By R~nd",1I J. Cohen Community Development & Environmental S~rvices C01llmumlyPIJnningilnd nl'clevelorment Manager Compr"ho;,n,iv",PI"Uln;llg SI10:200711:52AM Mike 80S', AICP PrincipciPIJnner Pule ApprnVl"d By Commw-,itv Development & tr1vlfol1lnrmtJIS{.rvic<,s :()nillg& Lam! De'!eloprllent Review !;-'10/200, 12:18PM Date Appruvl"d By Milrjorie M. Stuck-n: Stirling r,s~jst'!nt CDunty i\HDnwy 5/10:200,12:24 PM Apllrnvl"d By County AltClrney County r-.ltompy Office JosephK_Scllmitt Community Devclorll,ell: & Env'ronmcn1aIS""Jices ConlmullLty D"vciopment& C::nvlronl11entcl Senril'e>> f~drnin&trator Date C<',nfllu",ty Developmo;,n\& En\iirollrnenl"iScrY'Ce5Admin 5/1\12007841 AM or,:f" COUtllnal0r A'-HTOInlS\r'aliv() A<.tii5t~nt Dale ApproH'd By Cnurlly f;'"oager'~ Olfiee Olliec 01 Ma"Jgunwn: 8. 6uti~"'t 5111;20~71(U5AM ApprOH.'d By Mark lsackson County M"I1"ger't,Office !:)"clget/'''ulyst Dilte Ol'ic~ of Mllrl"g,'mcnt & Budget 5.'11.'2G0710.55AM Sou n\~ t.~ iln dger [J"te Approwd B~' Ja"W5V. Mudd Board olCounly Com,nissio"ICrs CCiunt~ Mafldger's Office 51111200711;21 AM Agenda Item hlo. 108 May 22. 2007 EXH.lBrr ~ge 5 of 15 Community Redevelopment Agency FSU Project, Immokalee FL Appraisal $ 15,000.00 Building Inspection $ 5,250.00 Paint & Cosmetic Repairs to Exterior $ 72,512.00 Paint & Repairs to Interior $ 32,302.00 Phese I Environmental Study $ 2,200.00 Miscellaneous costs: leaking windows, soap dispensers, towel dispensers, cabinet repairs, ceiling tiles, removal of temporary wall, replacement of doors $ 32,586.00 Locksmith $ 1,560.00 Electrical $ 11,700.00 Cabinet Repairs $ 6,500.00 Plumbing Repairs $ 4,080.00 Flooring Replacement & Repair $ 5,511.00 Blohazardous Material Removal & Cleaning (mold) $ 8,900.00 Landscaping $ 14,805.00 Equipment & Furnishings $ 37,094.00 TOTAL $ 250,000.00 , , <.;..'} This instrument prepared by: Stephen C. Pierce, Esq. Goodlette., Col~man & Johnson, P_.\. 4001 Tamiami Trail North, Suite #300 Nap]~, Florida 341 03 (239)435-3535 4009934 OR~en42aDn EG:10284 7 P1CORDED in OFFICIAL RECORDS Ofa~~~Ocol1NTY, FL 04/27/2001 at 03:18PM DWIGHT E~'WtUc~,ocflE'kK RllC FBi 86.50 I '" Retn: GOODLETTE COLEMAN ]1 AL 4001 TAKIAMI TR N #100 NAPLES FL 34103 Parcel Tax Id. #49660000702 Grantee's Tax Id. #: WARRANTY DEED AND RESERV A nON OF FIRST RIGHT OF PURCHASE 3,.1 Ai>A.;l. TIDS WARRAi'\'TY DEED (this "Deed") is made this _ day of ~ 2007 by and between (i) COMMUNITY HEALTH CARE, INC., a Florida Not-for-Profit Corporation, now known as NCB HEALTHCARE SYSTEM. INC. a Florida non-profit corooratio!!, having a mailing address located at 350 7'" Street North, Naples, Florida 34102 (the "Grantor"), and (ii) THE FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate, having a mailing address located at 214 Westcott Building, The Florida State University, Tallahassee, Florida 32306 (the "Grantee"; wherever used herein, except as expressly limited by the terms set forth herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors and assigns). -WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, alicns, remises, releases, conveys and confirms unto the Grantee, all that certain parcel of real property comprised of approximately 9.4l:t acres, more or less, situate in Collier County, Florida (the "Real Property"'), which Real Property is more particularly described on Exhibit "A" attached hereto and incorpordtL-d herein by this reference; SUBJECT TO: (i) taxes and assessments, if any, for the year 2007 and subsequent years; (ii) zoning, building codes and other use restrictions imposed by governmental and/or quasi-governmental authority; (iii) outstanding oil, gas and/or mineral interests of record, if any; (iv) matters that would be disclosed by an accurate survey; (v) restrictions, reservations, conditions and easements common to the subdivision; and (vi) the reserved rights expressly set forth herein which shall survive the execution, delivery and recordation hereof in the Public Records of Collier County, Florida, until such time as such surviving reserved rights are or may be terminated in accordance with the provisions expressly set forth below. By accepting delivery of this Deed, the Grantee commits to diligently undertake all reasonable steps to attempt to be able to commence operating and utilizing the Real Property and the improvements thereon for a comprehensive, rural medical senices training site for the Grantee's rural medical teaching program and establishing a comprehensive pediatric therapy program to address the healthcare needs of children and adolescents in the service area proxinmte to the Real Property with the goal of having a clinic initially staffed with (i) a pediatrician who is a faculty member of the Grantee to serve as the educational director of Page 1 of 10 OR:AJ22,Qll,G~ 2,a48 Hay 22, 2007 Page 7 of 15 such facility and to oversee all on-site educational and treatment activities and (ii) a nurse practitioner and to have those initial positions filled and the facility operational by June 1, 2008, triggering a right in favor of and reserved to the Grantor to re-purchase the Real Property on the terms set forth herein. In the event (a) the Grantee is unable to commence the initial operation of a comprehensive, rural medical sen~ces training site for the Grantee's rural medical teaching program and establishing a comprehensive pediatrie therapy program to address the healthcare needs of children and adolescents in the sen~ce area proximate to the Real Property by June 1,2008, or, (b) subsequent to the timely commencement (i.e., as of a date on or before June I, 2008) of the initial operation of such progrdITlS the Grantee ceases the utilization of the Real Property for such purposes for a period of twenty-four (24) consecutive calendar months, except as such period may be extended by IllJltters of force majeure or IllJltters not within the Grantee's control, or (c) elects lo sell the Real Property, the Grdl1tee hereby expressly acknowledges and agrees to provide to the Grantor writt<<'I1 notice of such fact or election, as may be applicable, and, in any of such events, the Grantor shall have and is hereby granted and reserved unto the Grantor, a flTst right to purchase the Real Property from the Grantee for an amount equal to the amount of all funds actually expended by the Grantee for the purposes of funding renovations to the improvements currently located on the Real Property and operating a comprehensive, rural medieal ser\~ces training program and comprehensive pediatric therapy program on such site, exclusive of any and all of the Grantee's personal property, including, but not limited to, documents, files, proprietaIy information and materials, furniture and equipment, all of whieh shall remain the property of the Grantee in all events, which reserved first right of purchase is personal to the Grantor only and is not assignable or transferable to any other person or entity by operation of law or otherwise. In such event, the Grantee hereby agrees to re-convey the Real Property (exclusive of any and all equipment and/or personal property the Grantee IllJlY have re-loeated to the Real Propenyl to the Grantor by means of a special warranty deed in the form attached hereto as Exhibit "B" and incorporated herein by this reference and containing the use restriction(s) set forth therein (the "FSU Deed") with the Grantor being liable and responsible for any and all costs, fees, taxes, assessments, ete, as may be necessary to effect the eonveyance of the Real Property from the Grantee to tbe Grantor, subjeet only to the matters noted in the FSU Deed. The Crrantor hereby aclmowledges and agrees that such granted and resen'ed first right of purchase shall automatically terminate in the event the Grantor either elects or does not close tile purchase of the Real Property within one hundred twenty (120) days following the delivery of such written notice from the Grantee, which delivery shall be deemed to have OCCWTed on the third (3"') business day following the date the Grantee delivers or deposits such "Titlen notice in the United States mail, eertified or registered, with postage prepaid, addressed to the Grantor's Chief Executive Officer and General Counsel at the Grantor's address first set forth above or to such other address as the Gmntor may hereafter provide to the Grantee by written notice, in which event the Grantee shall have the right to sell the Real Property to any person or entity on terms aeceptable to the Grantee, subj eet to the use the restriction and reverter (in favor of the original intended beneficiary thereof) provided for on Exhibit "B" attached to that certain Warranty Deed dated June 21,1991 and recorded on July 9, 1993 in O.R. Book 1843, Page 2278, in the Public Records of Collier County, Florida, TO HAVE AND HOLD the same in fee simple forever; TOGETHER WITH all and singular the tenements, hereditaments and appurtenanees thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law Or equity, to the Property, The Grantor hereby covenants with the Grantee that (i) the Grantor is lawfully seized of the Real Property in fee simple; (ii) the Grantor has good right and lawful authority to sell and convey the Real Property; (iii) the Grantor hereby fully warrants the title to the Real Property; (iv) the Grantor will defend Page 2 of 10 OR: 4220 PG' 2849 Agena8 item r'>lo. 'I Ui::$ May 22, 2007 Page 8 of 15 the title to the Real PropL-rty against the lawful claims of all persons whomsoever; and (v) the Real Property is free of all encumbrances, except as otherwise noted above. IN WITNESS WHEREOF, the Grantor has exccuted this Warranty Deed on the day, month and ycar first above written. Sign: Print: ;/IL "'{'oJ; ... COMMUNITY HEALTH CARE, INC., a Florida Not-for-Profit Corporation, now known as NCD HEAL THCARE SYSTEM. INe. a Florida non-orofit coroorati~~ / J/ ( . U/~i,J (yy~yp, Signed, sealed and delivered in the presence of: Coopl'e.' By: Allen S, Weiss, M.D. ChicfExecutive Offiecr Sign: Print: \) ~ -t4.oSl..o \J : c.."'-.t \-\... \ e.. ("Grantor") My commission expires: STATE OF FLORIDA COUNTY OF COLLIER / d A(#,I The foregoing instrument was acknowledged bcfore me this ~ day o{~ 2007 by Allen S. Weiss, M.D., as Chief Executive Officer ofNCH HEALTI:ICARE SYSTEM, INC, a Florida non-profit corporation, who is personally known to me, on behalf of the corporation. ~~+:;7!1~ EAi?(l..btffi f\J-avtJ VI Printed Namc ofNotaI)' Public bD 6 !.P{P/.pCA Notary Commission Number ....:::;.\"!~If>. ELIZABETH MARTIN {tK" ,-1 MY CO~ISSiON # DO 5666ro ",'.JIllk..., EXPIRES October 21, 2010 %~;,9};:ft:-ti." Bon::led Thru No".aty Fubl!C tJnoorwrl1ers JOINDER ACKNOWLEDGEMENT AND AGREEMENT THE FLORIDA STATE lJNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate, having a mailing address located at 214 Westcott Building, The Florida State University, Tallahassee, Florida 32306 (the "Grantee"), hereby acknowledges, joins in and agrees to the rescrved fIrst right of purchase provided for in the foregoing Deed and agrees to perform all acts as may be required to comply with and effectuate a conveyance of the "Real Property" to the "Grantor," as such terms are defIned in the foregoing Deed, if required by the terms set forth therein, all in accordance with such terms and those as sct forth in the attachments hereto. Page 3 of 10 OR: A~Z,~~ ![fg~)~!~O \~ay 22, 2007 Page 9 of i5 IN WITNESS WHEREOF, the Grantee has caused these presents to be executed in its name, hy its proper attorney-in-fact duly authorized, this \l~ay of~h, 2007. -1\6\IL.. Signed, sealed and delivered THE FLORIDA STATE UNIVERSITY in the presence of: BOARD OF TRUSTEES, a Public Body Corporate Sign: Print: By: T.K. ethercll President Sign: Print: e. ~ Viellc. f:,.- ("Grantee") STATE OF FLORIDA } COUNTY OF COLLIElt L G:pN #. 1t:J!, TIle foregoing instrument was acknowledged before me this .!l.:.:.. day of . 2007 by T.K. Wetherell, as President of THE FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate, who is personally known to me, on behalf of the Public Body Corporate. My commission expires: X".: .f LJ .Jr' d1.n If" -.J ,~\"J~, Uncia F. Thompson No~ Public r- fft'J:;~l Commission # 00259911 J.'/JOI!f T. IrJ.~MJ'S~~ "~'.~!\!f Expires ()::lober 20, 2007701. Printed Name of Notary Public 1f.J:',:l' _T..,F...,_'''' 000.38> ..:DJ:;>LS'1'1 J I Notary Commission Number Page 4 of 10 OR: t\i~n2aQ ,1~~)1~)al May n 2007 Page 10 of 15 EXHIB1T "}.." PAGE 1 OF 2 ?~Dperty TQX J. D. OG0585EOOO~ Collier Health Carel Inc. Descriplion of part of Section 28, Township 46 South, llumg~ 29 East, CoI1i:::- County, Florida fB=ril>~= P.D.D.) ('fhe Isabel collier P.ead ::mmmDY.al.ee Health Farl~ - phD.se 'J.'~IO) An tlla{ r..rt of Sc.c~ion 28, Township ~6 .soutll, TIa'1ge 29 Ea~:. Co)1ier CO\ln~r, Florio:!. <llld b~illg mote p::Lrlj~ularly descri!.:ed as feUD""":::; EcG1NNINO at the: ;~orl.hc:dYlIlos[ cornc:r of NeWllJ::tTkcl $uutJivision ~s reeonJcd in lJlnl Dook 1, p~gcs lOG through 105, puu!ic Recorus of Collier County, Flul"ida; ll~~llce along ill:: ~terl)' righ\-of-v.o:ay lb:: of Stale Ro:acl 29 (200' rigl~t~of-way) North 0"51'00" West 505.00 feet; li:::nce leaving ~aid rig.ltl-of-W2Y northerly, l:orthe..Slcrly anti c~!c.rly 39::n [ee.t ::.10:1g 1\1~ arc of a cLrculcrr curve concave to th~ south~:st, l:uving <I. ralljLl5 of :::S.GO fc.:::t, through.J. ccntr.ll angle (I[ 90"00'.00" :LUU beir,g subtended by ;:l, chord which l:~r5 Ncrtll 44~09'OO" E:J.s! 35.36 ftet; Lhellr.:c North 89"09'00" 21st 698.50 f~L; thence: South OJ"51'oo. ~t 54.7_S9:"f~~l lo..,a.-:poiru on the: south line of [il~ p~at of Ec:riu:gc Unit One 1lS recordc.d-Ir, Pldt:llooJ! 19.Jpllg~.G~ through 69, ColE(::[ Count)', Florid.a~ ,/,..\...~;:,-~------:::." r.).>, rhcllC:= a!.ong. saiJ tine, ~6u-U~-.8'9c09'OD" Wc:st 685.S3".'iifL t'o~'.tllc '\'1csterlymost con:cr or s;liu Hcrit2gc U:1H One. Fial ~Jnrl:a pclnt 0; the nllril;~;:J.51:::tly rigln~of-way line <Jf Madis'Jn Avenucl .n::lon:Ji.ng tp2~* plat'"i;lj:..said~~"Yn:arke1'~\lbd~yision; thcm:c: along sald ngh1-Qf-w:JY 1l::le:'-NorLh 45<t54'50" \Vc.st '53.G4 feel lO tlte ?oillt of . . . t .- \ I ' . Eegmnlllg; ! I .'~ '---:::;-', -]'-'0 ' ~ 'i7\ '1 conlaimng 9.41 ncr~s mDre or lessl (f J' ~ ) \ \,.'/ ) .suuj~ct to c.asc.r;:cnl:;;:md }cst.riHp:ons o~Tec?rd, J (I""" '{\). b~iJ'lgs me b:;!.s=-d on :h~liionhedst:::rl}} r!g.0;pr~wa\-~.jiJ\c oH l\,o:.dison-Av:lli.lC, VC:Ulg l"-lorth ~5054'50" -WC$L \(.....\ '7' ~I / P::/ I.,,'. . \ ~'L, I ,........,'; \' 'J' "ON 1 'I" -R DA n'PO' ,i & P--I' INC ''',0"," I .' -. , ... ~ ,~'.l..........l::., ~..... _. ~':.... '. .:.:.:.=. \." '",\"'\. I/~'-"/ ... ~ r - "', >..,. ,/ l... .........~,:~~;~':' :.~~:..-----.--- \/~> ~/: /'., ilj7 ('lV..I,:" llY( 1t- V/{(I [(A.:'1Dk-~';:;-I5'-q3 (:,1'" P. Maloney, P.L.S. #4~93 Not "'.:p.J{d UJ1I~Si embc!:s[:d willllhe Proiessional's seal. \1,'.0. 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" , '2~ ;~ i: '"':: .- o~ "= ~~ .~ .~ !l~ ~S 0,' ':'!.;jI iiH t(;:~ ..;tv ~: ~ :o.:;~ -', ~O -.' ~~: ~~M ,; ~ r ~:t ~ ,,-.,>w ~;:-:;:; l~8G :Dd OlGV :HO ~ -< G: CJ o :::,:;;;-;;: -,' '..Q!J,~Q.U ~ t:'~n "'~",":7~ -=,/"I=QI11..l ,'II 'rol.'~L '.0;- ., ...~IO"'" '.':'l~ 'I ."HHU"-..-': nu"",-,. ;.c, ~l~ .1-!)...1 "..~ "::G. ; \ i'nO'-11- e..". ~I~ /<1;:, ,r 1..";:; J~~ .. ~o ,-----;-- :;-;--_8 g I: ",),,\,),'Nt~/~':;~~. 'I (-..\- ---"'" ~....""~.. I '1>,'./--' '~,m;;j,:\ .- 1'-- . "-I, . ) I'~- ~~J.... ) ;'l__' '!,1::t:'~ti ..OO'C.~I,,~. \....__=-.>...."/ -... I i", ~~'V~lI \J'~\ ': I, ""1 lon.tRYJ U)::a.iIl-LU""'.I-, ~.- '\ 0 i ;;~.'3~\, !;:\ !::...w E:~!. _ -:"'__ ~ :;::-l-:, ~ -; fO~1 r- - --I, I-J*t;o,ao.et,,~ {','--., ~" '- 1_ - c "" I ' " - , ' "-, 'II, -1', ( I" "",,~.I,, ~o. .\ ~ 'I I ",,,,,,0<,,, ., I '" 1.,\ ~ r I"~ \Q ,;.?~.;.;g..:_, I ~\/,( L~( 'J'o>~<.-r,~r' " , .\_--- ~ ,... ---,~-- ~ 0_ , . " ,--( ~ ". '\' ~ ~ -; .....~-~--.' .. I (-j "', '/ ';':: 'j . -.:..~-~,:~:.. , .- " I r' . ~J o '0 7 ,'" 1.:..1 ~ '" ~7 = ~i I .,,1 S~ w ~ -< u "' 0, ':U3:'C!SV::[ ,'1.1-:'1':,,:' Z IG (:: J~)V,: "'!,, ~_H:l: ,,_ '" '" //-"~ 1/ I L <7l ~ , ~ ~ '" } I'E~ ~~ ~ :::~ .. ..... 15,>, ~_I ~ ~. I~~~b' ~ ::.~3 ; 12;....'-. :;: <: '", ~ L~:>.; Q~ _ :::l~!cr~~If-!iO ~ "\..dti:i~' 1- - <: ,>c~~. . .... I~"'!:(" = o :;,~~ e.::: " I" ~ 5 . ...."'~ ;;:; t _Ie.. ~v t ........'<: ~!~~ ....ll'l.l O,Q f ! ~ c ~ g k '5l ~ :~ 'i' ~," ~ t\l I::' !Ii U I . ~~~ ~ ~ ~ ~ ~-' ...::::: u.Jr:l ';>;;: UJ ;;~ :;!...J Q.."'t'i "';::: "< ,~ ~ ~....~ ~ ~ Z ~~ ~2 ~ Q:5.'g "'0 J-o Be: ~ ~~ .. ~; _ ~u [) <~ : '" -J ",i'; U"",N ...J ~~ -;-;;~ x:~~ ~:": ~g :.:-: o . . z;~ :.~~ ~ ~ ~:i :: ~ ~~; :. . e . i:: =i 8. g ~~ '0 "'::; .. ," .. oN , ~ 50 , T ~ o o (j ~, N [[0 ,"",",:'" ~i: ~I, s:::i~ "--'I' <::J..! ~'~ '-1q , ;~;81 "1::0:1 ~ ~! " :~:a gLL:~ "III i I 2 IEI!:I -I I -I'" ::) I ~ '~rr II g' i [~ ~ i;:.:~ ".." lro'~ .....u ~ C "'=>. ~i? ;! ~)~ ~ p.1i~ 21 ~i~ z OR: Ag4,~fdOltlH~o ~~.5 3 May 22, 2007 Page 12 of 15 EXHIBIT "B" FORM OF FSU SPECLt\L W ARR<\,NTY DEED This instrument prepared b)': Stephen C. Picn:e., Esq. GoodJctte., Coleman & Johnson, P.A. 4001 Tamiami Trall Nqrth, Suite #300 Naples, Florida 34103 (239) 435~3535 Parcel Tax Id. #49660000702 Grantee's Tax Id. #: SPECIAL WARRA.~TYDEED THIS SPECIAL WARRANTY DEED (this "Deed") is made this _ day of 200_ by (i) THE FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate, having a mailing address located at 214 Westcott Building, The Florida State University, Tallahassee, Florida 32306 (the "Grantor"), in favor of (ii) NCH HEALTHCARE SYSTEM, INC., a Florida non-profit corporation, having a mailing address located at 350 7th Street North, Naples, Florida 34102 (the "Grantee"; wherever used herein, the terms "Grantor" and "Grantce" includc all the parties to this instrument and their respective heirs, successors and assigns). WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, relcases, conveys and confums unto the Grantee, all that certain parcel of real property comprised of approximately 9.41:t acres, more or less, situate in Collier County, Florida (the "Real Property"), being the same land and parcel conveyed by the Grantee to the Grantor by means of that certain Warranty Dced dated March ----' 2007 and recorded on April----, 2007 in O.R. Book . Page . in the Public Records of Collier County, Florida, which Real Property is more particularly described on Schedule "1" attachcd hereto and incorporated herein by this reference; SUBJECT TO: (i) taxes and assessments, if any, for the current year and subsequent years; (ii) zoning, building codes and other use restrictions imposed by governmental and/or quasi-governmental authority; (iii) outstanding oil, gas and/or mineral interests of record, if any; (iv) mattcrs that would be disclosed by an accurate survey; (v) restrictions, reservations, conditions and casements cornman to the subdivision; and (vi) that certain use restriction and remedy set forth on Exhibit "B" attached to that certain Warranty Deed dated June 21, 1991 and recorded on July 9,1993 in O.R. Book 1843, Page 2278, in the Public Records of Collier County, Florida, which use restriction and remedy in favor of the original intended beneficial)' of the revertcr provision are re-made and re-stated herein as if fully recited herein and which shall be a continuing restriction and covenant which runs with the land and is binding upon any and all successors in title to the Real Property. TO HAVE Al'i1l HOLD the same in fee simple forever; Page 7 of 10 OR: Aje4,6Pltg,~t~J~~4 I,~ay 22, 200? Pag'" 13 of 15 TOGETHER ,nTH all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the Property. The Grantor hereby covenants with the Grantee that: (i) the Grantor is lawfully seized of the Real Property in fee sinlple; (ii) the Grantor has good right and lawful authority to sell a'ld convey the Real Property; (in) the Grantor hereby fully warrants the title to the Real Property; (iv) the Grantor will defend the title to the Real Property against the lawful claims and demands of all persons claiming by, through or under the Grantor, but against none other; and (v) the Rcal Property is free of all encumbrances, all except for and subj ect to the matters noted above. . IN WITNESS 'WHEREOF, the Grantor has executed this Special Warranty Deed on the day, month and year fIrst above written. Signed, sealed and delivered in the prcsence of: THE nORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate Sign: Print: By: Name: Title: Sign: Print: STATE OF FLORIDA COUN1Y OF COLLIER The foregoing instrument was acknowledged before me this _ day of 200_ by . as of THE nORIDA STATE Vl'oiIVERSITY BOARD OF TRVSTEES, a Public Body Corporate, who is personally known to me, on behalf of the Public Body Corporate. My co=ission expires: Notary Public Printed Name of Notary Public Notary Conmlission Number Page 8 of 10 scm::om..R "111 OR :Ag1~)a ~te~q~~ fo~5 5 May 22, 2007 Page 14 of 15 PAGE: ] OF .2 ]'ropcTty Tax I. D. OOOG8G8000G C:::'] licr IJ~i:11th Care, 1:1C. Dc::cripliofl or rim of Section :lB, TOWl:~hiil IJG S;,utlt, Ha";ge 29 E...1.Sl1 ColH::r County, f-Jorida (Ileri1<lgr;:. P.D.D.) ('J'he IGabcl CoJlier- Hel)u ImmmoJ.:alee Hcaltn rz::::k - p~lnr;e 'rwo, hll t:1J! i'lnrt of Sec1ioll :28, Towr:sriip "'16 SOLlth, [(anr.'~ 29 Ixt, Collier COllnt)', :=loriJi\ :mtl bt:irll: IIlnrc. lmnicltl:nly rh.:scrilleD 2'.:> follo\'.':>; BEGINN!NG at It:e.l\orllll:::rlYIllO$t c:.lrnc.r of Hr:::wmr\rkct Sllbdivisinl1 n:: rc.::vrJeJ in Pial Dook 1, p:!.gr:.s 104 lhrougll JU5, J't]uiic l{c.cords of C:;liHt:r COUllty, FlrJri~;l; thellce illDr:& lhc ~SIc.rJy righl-Df-way lin:: of St.::l.le Rood 29 ,:200' right- ni--\'.'L:Y) North 0<>51'00" 'Nc:sl 505.00 fecI; lhen:::c lr?2ving s;lJd :-]1.:111-0(-\\,;1)' IlOr1Ii!:r1y, 11~rthc:l.51Crly and ~tc:rly 39.27 fecl ~lhll!L. th~ :!rC or a cin;:L:l~ ::::urvc conca\'~ to Ihe soull1cas-t, havifl!; :l r[luius of 25.UO rc~.!, through OJ. c.::nt:-:lJ ullgl~ of 90"C<)'OO" :lOu being subt~;Hlc.d by ::! .::lwru which l1e.Jr.!i NerOI <14"'09'00" ~Sl 35,3G f::1::; Ilu':lICl: NOltil 89"U9',:;0" 21st G98.5U feet; 1hence South OO"S: 'C.:)" E.:1St 5q7.B~:_-f~rlO:-:;n};Ji)l~, on tl1~ :::outll Hn~ of tile: p~:ll 01 JIcliluac lJilil Olle ~IS rccord:d ill r]<i1.'JJbuj!:19,,'1J;.g';S'6? lhrou[;h 69, CoIEt.::- CU....I..~)', Florida; , '"1..,,\-,:' -.----.--....<:::.,\.-r-.>, lhellce ~Ollg s:iid Jlm:=1 S0\l[h'8'~<>09'OO" \V~SI (8).53 rC~\iO--t!lC "\','cstcrlymml corncr of sJ.id I!.~dwC~ Unit qrie. P,lZll....3!lU ~ paille of lhe. ;lOr1ht;:.:l~It:rl)' fighHlf-\'.':1)' lh,c of l'-~ildisDIl1\\'~nllc, ::Lcconling {?}!~ pJai'Df.-:;nid..l.'{r~Ylll~lIkd--'?llUd\::is.iaJl; thC~ICC al:ll1g s:lid rjgill-Df-Wil)' Iill-e:;,.!'lCl[lh ~5<>5.1'5(l" \Vcsl"53.(i~ feel 10 :llc Poilll uf , , ' I I l.'", 1 ,. . 13Cf:ll\lllW" ;, ,'~--:""""\ .~-::--. -::L-----. ~ ("~.\ 1 COIII.;~j!\i!~g 9.41 ;~rcs 11l0~C or ~C;ss( \J( ( '11 \, \I''"'D ) \, \ //"1 '\ ~l1l;jtct:n -c.ast::mCll:~ :llld iq!rid.tio~s oflec~f(l j ir.:-' \) \( r l.::C2rings me u::..scd on 111~:IlOVh~~3i.leri)"'Ifg~~o(-~_?!illC- onM':!t1i:,;un-AVC1l1.IC, being Norlll "5054'50" West '\~.- , " - ' 'V: " - . \. \, '-4__ I ":-'-/ , \ " I I ,~, " WILSON, MlLLEl~, BAirl'oN'"& PEEK/INC, "':.y;t I C-: <,'f-" 'L-I i~ '. I . ~. /) '.. (;.';'.-:-.--:--'~.~'l'\" \-' ny (:' /,j/'- r /?7r}/07~j/'D1E.I~\i~~{,;'~15-7;; ;1c 1:1 P. \:a1on0.)', P.L.::;, /!4<:9~ j\jOI t~l~ 1111 ess l:1i111,)~;.'_C \"i(h lilt:: r~Joie~::;J:Jnal's ~.~al. \~,r. Cl. He(: D:l~C: 5R0B ;-i-29 (JP;,.1:Lju) t!llQ 1.51 19~] cnr--L() ::00- -O~ NO o 'LD Zgj~ ;.: ~ Ql meuS? :::':2cr " ';2 a; '" <t """~ " /""':s?' / '" ~:->" /' ..("',J., \ ""r\~?~.. II ) '" ....',,:..., , ,<,.._3'~!' , if " ~- ,,,,/ ! I " " , " < ~'~ ~:.: ~ ., ;_= :,; g , 'f ~~ , ..;... :;;;" .,". ," :-;~~ ~! !:' ! ,~~i ~'~ ,~~; ~~~;~~SE-,;: ~tl~w~ !'.... h~.i: t} m~~ ~:5~ f ~ ~ ::::'..U~j ~~~~r:~ -J ~~;~~, ~~~>~ ~ ~ -< "-'<ol'''JV) '"'- ~ G a:: , ;:;0:; ._...~... . t! ~i~~~.~~f~= ~ ~ .u ", ..".., ~::":;, "'0", '''',<.J " "" ,'" c'- ,~,:~j : '1<''''''''0:> ,," .V ~ '" '\ \ ~' "'~ .Jj' " "i..:;. ~ '-:j~ -;;,'" i "'-' "- .'. \ ~1 " "'~"'", \ ---:1--- ----'., '~"~ \\ <'~. 1 c H: I "-~"~' >','''' ,j ~: I, I, ----------- ~:~>J ~ B " . -- ~ - - ~ : ":o~;~'::':~:~~~>~~;I' 0'" ~ ,,~""" 1l"","'J" j[j JJ""'. . "'''1' "v<I t \ ..,..,...-1:- ~i~ ~~ ~;~ 'I'" '~..J'. "-''':, . _,_.'i.~~~ ';';g "I " :\ 1 ). h (~, 8 I, . '''1:1", '(Z;;'Sg: " ,.1 '..'-~' "'~'::: ,:~*~~5 I ," 'I;"'::I'J/ -\~,~~(:f:~:,;~:::: :1--1 i.__.__.___....oc.~o.n" ---- .i' ',~.,' ,( ~.,'\' J. HY I _ \ ~ ".,,"" ~=I.,UI..".I--, ,[; :j~_"l\~, - ~-:'f<,.o%i;;;hif,~c-c::-~',~; "-, 1\ ,I I ( ! 1 1,-;;:';;...1.1 ' ~ ;:'" \1 (-7r' to i ; ~;:~gJ.l1 i :i i'c '"'--\21 \_~\::-. ~t~J; . } i j'--... .-- ! . <--"- '-7. : \ .~) ~ " , - ; ( .l ") -.~~\-.~\ \' '" '" ., ~ w w "- C--j 1"-- I , '" C' '.'1- f'; , ;,j' " ( I ,; I 3 '" I ell --, ., ~I! 10 e, C) 'If r L:I:1J1~:5V:i ,urnw I;"' G J::'/,{ uTI! :1"ln63t~ JtJOt g~R7. :8d 07.7.~ :BO JtJtJt 1 ! h =i 9~ 3: I " I I I" I I I 0; , o Vi :-. I 0J L ~'" u=" r-: I ~~~E ~ I ~ ~n~!.~ .... I - ~... i;tl) ~ 1;;;; _~;,.; ~~ ~ ~ 12~~il~ <. i~.(<',L ''''~UI: __ l:,rH~:rhi c 1M ~'<..iL C " I~ "::'R::: ~ ~"<:?;!t J. ~ "- '1l0r=-- >- ~;.. ld u.. :'5123,;1 Ii ~ :;j~ q :4 ~ Ij'~lj ~lj ~ ~ ~ :$- E ~ x: ... '" :=.G: ::. ~ u.J ~~ '" Q: l.JJ"'''' ... ~5 - ~!~ ~ 3~ :z: ~~ '" ~ u :::: ~~ ~ ~ ~- ~ .~ ,...., ,~8 . '" ~, -~. H' ~ ":.., - ~ BF~ ,,;; I!Z~ ,:.:;:.. :: "~ ~~~ i: ~~ ~:'~ Rg :.:~ z~: ';:..: c~ i:.!'::i'. =~ ::z : '" :i " , .. l~;; ... ~ o o Cj ~ . "' " " ~!E :~I~ ----:-: '.;f- ~ ;, ~i~ ....:n \~P ''''11 'iQ ~ o E ~ I,ll I ,i~1 i?- '''''''I " m::'! "+- 'I'~' ~, C' (':;, ~,I"- !~,:Y:I ~ _L:~~ " I' ! _J ! 1_ '"- ,:C._I - 'n..:C1.' ~!_ JT: 1::.1 i I I'; 31 : 1'1 ~i I .~ fi: i<<'~ I "',;:0: - " "0 ~'t...' ~. -'Ql-"" -!~ ~1':;:hJ; :": ~ .-, ;-:-16:l d~ Q, s,~I~ 1":1<<: L::: ii'U'.l1.1 Agenda Item t;Jo. 10C May 22. 2007 Page 1 of 47 EXECUTIVE SUMMARY The County Manager's Zoning Department staff would like to discuss with the Board of County Commissioners (BCC), the impacts of the current requirements of the Land Development Code as they relate to the Mixed Use Project (MUP) approval process permissihle in the Bayshore and Bayshore Triangle Overlay Zoning Districts, specifically as they relate to the Arboretum Village project which was approved by the Board of County Commissioners on September 12, 2006. They also request affirmation that a 3 or more year time frame for physical construction of this project, as now proposed hy the developer and as evidenced by the initial SDP submittal for administrative review, does not conflict with the intent of the Board when they approyed this project in terms of the awarding of density bonus units, and furthermore that it docs not conflict with the Board's potential plans to build a parking garage in the Bayshore redevelopment area as discussed at the public hearing approving this project. OBJECTIVE: To initiate a discussion and get Board direction regarding the intent behind the Board of County Commissioner's approval of applicable sections of the Collier County Land Development Code associated with the MUP approval process and to provide assurance to staff that an extended time line for this project meets the Board's intent for redevelopment in the Bayshore area at the time it approved this project. CONSIDERA TIONS: On February 28, 2006, the Board of County Commissioners approved the Land Development Code (LDC) provisions (Ordinance No. 06-08) which allowed certain properties in the Bayshore Overlay Zoning District to develop as mixed use projects with approval through a public hearing, Board approved site plan review process commonly known as the Mixed Use Project (MUP) approval process. The first MUP project was approved by the BCC on September 13, 2006 for the Arboretum Village project which incorporated 232 density bonus units from a reallocation of units that had already been approved in the coastal high hazard area in the year 2000, and which are available in a limited number within a "density pool," available for use by qualifying developments on a "first come tirst serve" basis. The Arboretum project, as presented to the Board, consisted of a mixed use project with a development potential total of 447 dwelling units and] 50,000 square feet of commercial use. After a project conceptual master plan receives approval trom the BCC, LDC provisions require submittal of an official Site Development Plan application to County statT for sufficiency review and final approval; a plan which is supposed to implement the Board approved master plan. The site development plan is required to be submitted within 6 months of the date of approval of the MUP. The first submittal for the site development plan for Arboretum Village was received by {\,genda Item hJo. 1 DC May 22, 200? Page 2 of 4? Community Development and Environmental Services Division (CDES) just prior to the 6- month time expiration, These plans submitted for staff review do not show any representation of structures. The development plans are essentially comprised of an access drive to a sales center which will be located in an existing building, the layout of the future site circulation and the enlargement of existing lakes that are already present on site. Further discussions with the developer's representative after the submittal, revealed that the project will be phased, with construction of buildings to be approved and to possibly commence no sooner than 2 years from now (late 2009), which is approximately 3 years after plan approval by the BCe. No LDC provisions exist which require submittal of a development timeline as part of the application packet for MUP review, nor was one approved by the BCC for this project, although discussion occUlTed at the hearing relative to time lines associated with a potential future parking garage. Additionally, there are provisions in the code that would allow an applicant to extend the SOP approval timeline for a lengthy period of time by making nominal submittals to keep the SDP in the review phase without getting final approval. Based on the testimony at the public hearing and the discussion by the Board, staff was left with the impression that the Board had an expectation that this project was to function as an immediate catalyst to spur economic development in the Bayshore area. Approval of the project resulted in the acquisition by the developer of a significant number of then available "density bonus units" which and until the project is actually developed, will remain encumbered and unavailable for use by others. Furthennore, commitments were placed on the record indicating that the developer would formally enter into an agreement with the County, prior to the SDP, allowing the County a two year time franle upon which to make a decision as to whether or not the County wanted to pursue developing a parking garage on site. To date, no such memorandum of agreement has been received by County staff and additionally, a delay in project commencement would likely result in a delay of the County's ability to pursue a parking garage, if the BCC so desired. Staff respectfully asks for affinnation from the BCC that the developer's proposed time frame does not conflict with the intent of the Board when it approved the LOC amendments related to MUP approval and for when it granted approval of this project. Staff also requests afIinnation that a 3 or more year time frame for physical construction of this project, as currently proposed by the developer and as evidenced by the initial SOP submittal, docs not conflict with the intent of the Board at the time it approved nor does it conflict with the Board's potential plans to build a parking garage in the Bayshore redevelopment area. FISCAL IMPACT: The policy direction by and of itself, will have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN IMPACT: This request will have no impacts on the Growth Management Plan. ,t\';tenda item NO.1 OC May 22, 2007 Page 3 of 47 AFFORDABLE HOUSING IMPACT: This request will have no impacts on affordable housing. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this request. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council was not required to hear this item. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDA nON: The CCPC was not required to hear this item. LEGAL CONSIDERATIONS: Legal considerations are not applicable. The statT is not requesting that the BCC take any action relative to the approvals associated with the Arboretum Village project. RECOMMENDA nON: This executive summary and the issues contained herein were initiated by staff for purposes of clarification and notification to the Board. This request is not an attempt to seek dismissal or gamer approval for a rejection of the project. Should the Board of County Commissioners elect to revisit the project, that action would have to occur at a regularly scheduled and legally noticed public hearing. Staff is recommending that the Board of County Commissioners provide, if they deem necessary, poliey direction and guidance for any needed amendments to the Land Development Code and provide assurance to the County Manager, or his designee, that an extended time line for this project meets the Boards intent. PREPARED BY: Susan M. lstenes, AICP, Director Department of Zoning and Land Development Review Item Number: Item Summary: Meeting Date: COLLIER COU~TY BOARD OF COUNTY COMMISSIONERS 1:1C rI,e COLlnty rf.ilr'" .~""rs ~'orrng Dep8rtfll0nl ~lDtI would H<.f- JISCUSS w'ih ilK, [j"ard oj COI-"ity ~:()rntnISS'<Jners ttle Impa~:s oj tl,e currenl reOUllell1ents ot me Land Development Coo!'; as IllPy re\atc 10 thi,- Mixed Use F'1[)jeC rMJP., apr'roval P'O~"5S ;:'(mnls~'l)ie irl tile Baysllc:re "nd baysh:)ri< Tr;:Jr1qle Overi3-y ZOI',ng UISI':cts, spe~lf'~ally as tley relate 10 1111" Ar:wre:uITI '/ill:H!C p:'1jeCI 'id\lcll W3~, i.lpprovf'd hy the Buaro 01 CO'J:lly ComlTlis'S'or1f!f'; 0'1 :'.,eOlembel "2 :::'OOf Tlli:'yai,orequestafj,rrna:lonHl<Jt,12,orrwJmy,,"artnTl[etr0rneforfJllyS'.:al ~'0'lStrL'Cl.011 .~IIIIS P"'i"ct, as now nopoo'.d :::.y the dpvEOioDer and as E'II::Je1~,p[j by 111e 1n':lal ~;DP SU:Jlll:t:al 'UI c;drnwIO,trd1IVe 'evlew 'Joes rlnl CC['.;i:cl with tilE- intEnt D! tile ['.nard W!'ien 1'le:>, C1~'VU'1E:~! till" pru!'-.'c, In \E'rms uI ;l1e C1'td<['j,,':g Oi -:t:or.'5':y l,urlus '11'1115 anc- rUn~1<lWlDre t1Jt rJoP~, nol ~[J1fil~' Witt": tll': ~:i03r(j" potel~'lal [Olin!; t.:" r,~,,!,j :) r,,3[f:In-] g:-1r8.~e :n Ihe ['l'lvsllur,' r,;cJevP!O;Jrnenl arB'" do d'S('.ll';SeO ill Ihe p'.!l;!;.:, Id2<v:n,:, opprO'v'n;;thl~. proJect I.JosC'p'll< ~,~nlT>;t, 1,(Jnmllslrdlor ComnllJnity Deve!cpn>ert, & E.nv'ronmcltal Se:vlces Dl'vl:'leJn) :>!::'2/2CJO, 800.0f! !<M Dale Prepared By Susan Murray AICP Community Devt'lqJnHmt It. EnvlronmerllalServices 2<m"'g & L~nd Developmclll Director Zon;ng 8. L~mj D<JveloprnentRevipw 4117.:7.0071:38;14PM D~(e Approved Hy Marlene Stewart Community Dcvelopment & Environmental Services ExeeutlveS,.,erctary Community DeviClopment& [nvironmentaISNVic()f,Admin 5.'212007 B:13AM Date Approved By Judy Puig Operations Anaiyst 5W2Q0710:2SAM Apllro\'cd By Community Devt'lopment & C""tmlHllty Development 8. EnvlronmcntalServ,ces Environn-Icmal Services Admin Jo,ephK. SCl1mitt CommUrtJtl'Development& Env,ronmcn\,ll Serv,co~ Aamlnstrator DJte CO'lHl1lmily Dev",:epmen~ & Commur1!ll' DcveioplllL''lt & Environ",enlaI5<.'rvicesA'lmin 5.'2/2007 f,17PM Envi'onrnentalSeoices O"te Apllro\'cd B)' OMS Coordin~tQr County Mnnnger'" Office 1>.dmimSlr<lliveAssistant Oflree of M;magc'11ent& Budget 5i412007't47 AM rj;ari.ls3ckson D~te ApprondBy County ~\an3ger'5 Off,cc Budget Analyst C)ffice of ~L1n,1geln'mt & Budget 5,7:Z0C7B:08 M~ '''Jlllru~'ed By ,J"mesV Mud,1 80Jt-d DfC'Iunt;' Com'niss,o'lers C" unty ~!: an" ger D".tc County ~1all"ger'$ Ollice 5,;1,12007840 AM ,l'\genda It8m ~~o. 10C May 22, 2007 Page 5 of 47 September 12-13, 2006 COMMISSIONER COYLE: That's right, that's right. CHAIRMAN HALAS: Commissioner Coyle, I don't think so. Item #8B RESOLUTION 2006-238: PLANNING DEVELOPMENT INCORPORATED REPRESENTING ARBORETUM DEVELOPMENT, LLC, REQUESTING APPROVAL OF A MIXED USE PROJECT (MUP) IN THE BA YSHORE DRIVE OVERLAY DISTRICT, PROPOSING 447 RESIDENTIAL UNITS AND 150,000 OF COMMERCIAL FLOOR AREA TO BE KNOWN AS ARBORETUM VILLAGE. THE SUBJECT PROPERTY, CONSISTING OF 37.26 ACRES, IS LOCATED AT THE NORTHWEST CORNER OF BA YSHORE DRIVE AND THOMASSON DRIVE, SECTION 14, TOWNSHIP 50, RANGE 25, COLLIER COUNTY, FLORIDA - ADOPTED W/STIPULATIONS MR. MUDD: Commissioner, that bring us to item 8B. This item requires that all participants be swom in and ex parte disclosure be provided by conunission members. Planning Development, Incorporated, representing Arboretum Development __ COMMISSIONER FIALA: Arboretum. MR. MUDD: -- LLC -- COMMISSIONER FIALA: Arboretum. MR. MUDD: Arboretum, I got it -- Arboretum Development, LLC, requesting approval of a mixed-use project, MUP, in the Bayshore Drive overlay district, proposing 447 residential units and 150 -- 150,000 of commercial floor area to be known as Arboretum Village. The subject property consisting of 37.26 acres is located at the northwest comer of Bayshore Drive and Thomasson Drive, Section 14, Township 50, Range 25, Collier County, Florida. Page 165 Agenda Item No.1 DC May 22. 2007 Page 6 of 47 September 12-]3,2006 CHAIRMAN HALAS: Thank you very much, County Manager. At this time, all those participating in this item before the Board of County Commissioners, please rise to be sworn in by our court reporter. (The speakers were duly swom.) CHAIRMAN HALAS: And we'll start off this time with Commissioner Henning. Do you have any ex parte as far as disclosures in this particular item, sir? COMMISSIONER HENNING: Yes. I received some emails on this topic, some phone calls, some unsolicited information from Mr. Fernandez, and I did not talk to staff on this. That's it. CHAIRMAN HALAS: Thank you very much. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've had meetings, correspondence, emails, calls, spoken to staff, and I sat in on a couple CRA meetings while they were discussing this. CHAIRMAN HALAS: Okay. Myself, I've received correspondence, emails, and some phone calls on this, and all of my information is here for public -- for public viewing. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I've had meetings and received email. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: I have met with representatives of the petitioner and staff, I have had correspondence, and I have received emails. CHAIRMAN HALAS: Okay. Thank you very much. Staff? If you would -- MS. VALERA: Caroline Valera, Principal Planner with the Department of Zoning and Land Development Review. Since this is a very new process, I would like to give a brief overview of what it is and how it came about. Page 166 Agenda item No.1 [lC [\~ay 22, 2007 Page 7 of 47 September 12-13,2006 In the Bayshore/Gateway Triangle redevelopment overlay, our Future Land Use Element identified 388 units that are available within the overlay. Last year, through the amendment process, the board approved the MOP, the mixed use process. By this process, the board can relocate some of these units that are available and as an incentive to redevelopment -- for redevelopment of the Gateway overlay. This is not a rezone process. The zoning has already -- is already there. There's commercial, there's residential. So we're not rezoning. It's not a process to rezone property. It's a process by which an applicant can achieve two things; one, to be able to redevelop commercial with a mixture of residential and, two, to be granted units in addition to the underlying zoning that they have. So those are the two basic items that the board can n will allow a petitioner to have. And so with that, I will let the petitioner give you an overview of what they're proposing. CHAIRMAN HALAS: I have a question. MS. VALERA: Sure. CHAIRMAN HALAS: Couple of questions. In regards to the density, is there any way that we can limit the amount of density? That's number one. Number two, what was the amount of units that was stripped off of the Botanical Gardens, and that's my understanding, that's where the density's coming from? MS. VALERA: That is COlTect, 388 -- CHAIRMAN HALAS: And the third part ofthe question is, why didn't this go before the Planning Commission? MS. VALERA: Okay. CHAIRMAN HALAS: All right. MS. VALERA: Three hundred eighty-eight units do come from the Botanical Garden. Those the ones that are available for reallocation to any petitioner that qualifies for the mixed-use process, Page 167 Agenda IIem No.1 OC May 22. 2007 Page 8 of 47 September 12-13,2006 and those are properties that are both neighborhood/commercial, that I identified as neighborhood/commercial and waterfront. Those are the only two types of properties that can qualify for this mixed-use process. In regards to -- I'm sorry, the -- the other questions? CHAIRMAN HALAS: The other question is, why didn't this go to the Planning Commission. MS. VALERA: Oh, okay. The Planning Commission did review this mixed-use process as part of the amendment last year and recommended to the board approval of this process knowing -- they didn't know at the time that it will be a process that will go directly to the board. Now, keep in mind that once you -- if the board approves any mixed-use process, they have to meet the Growth Management Plan. They have to meet the Land Development Code with their design. So they're not asking for any additional units. They're not asking for any -- additional units that are within the overlay. And they're not asking for deviations from the code or the GMP or exemptions from the code or the GMP. CHAIRMAN HALAS: And the third question and I think you probably -- probably answered it is, I believe this particular project has two units -- or excuse me, 12 units per acre, and we -- do we have the ability to lower the density on this? MS . VALERA: You may allocate -- you can grant up to 12 units per acre, but you can -- yes. I mean, it is up to the board to decide how many units they will grant to the petitioner -_ CHAIRMAN HALAS: Okay. MS. VALERA: -- but the GMP, actually, that's why we have the number, the number 12, because that is the number of units that the Growth Management Plan will allow for those -- for the Gateway overlay to have. CHAIRMAN HALAS: Okay. But we do have the discretion to Page 168 Aoenda item No.1 OC ~ May 22, 2007 Page 9 =>f 47 September 12-13, 2006 lower it if we so desire? MS. VALERA: Yes. CHAIRMAN HALAS: Okay. And you said there's a total of 388 units. How many units is going to be stripped from the 388 that are going to be used on this project? MS. VALERA: Two hundred thirty-two. CHAIRMAN HALAS: Two thirty-two, okay. Are there any units out there that are also using the units off of Botanical Gardens, or is this the only PUD that's come forward so far? MS. VALERA: We have, in process, one more MUP, and that petition, so far they have not asked for any additions -- any units from the pool of units. CHAIRMAN HALAS: Okay. Thank you very much. MS. VALERA: Y ou're welcome. MR. FERNANDEZ: Good afternoon, Chairn1an Halas, Commissioners. My name is Michael Fernandez for the firm of Planning Development, and I'm here to represent and present to you the Arboretum Village mixed-use. As stated by Carolina, this is the first MUP to come before you, and I'm very happy to do so. We think we have an outstanding project, and I'll get right into it. It might be best at first to start with the context of where this is located. This is essentially a square parcel that includes an existing five-acre SDP commercial piece that has no buildings on it at this time, and the Bayshore Club Apartments, which has 200 apartments on it, and a six-acre water -- or water feature, which was actually and originally a borrow pit. It's surrounded by roadways. To the east it has Bayshore Drive, to the south it has Thomasson, to the west is Pine Street, and to the north is the main entry drive to Winds tar, thereby eliminating a lot of conflicts you have potentially with adjacencies and compatibility. The six-acre borrow pit that's located on the site currently Page 169 Agenda Item NO.1 OC May 22. 2007 Page 10 of 47 September 12-13, 2006 provides no water management for the site. It has a perimeter elevation of three. And during large rain events, it tends to spread out. It wasn't designed as a water management lake. The 200 apartments from the Bayshore Club were built approximately 25 years ago. They are not compliant currently with the flood elevation requirements nor with the hurricane building code. They have served a useful life, and those that may have gone through or who have lived there know that they're in need of significant repair and reinvestment. Originally this parcel was looked at as a condo conversion, however, the CRA staff and advisory board talked to the current owners and suggested to them that they may benefit and the community may benefit in tem1S of looking at it as a potential mixed-use project. They retained our firm, and we have developed a master plan jointly with the CRA advisory board, with CRA staff. This particular application has been reviewed by the CRA advisOlY board in six meetings, two that were solely for the purpose of discussing this project. It's had a significant public participation through that process. In addition to that, we had 15 meetings with staff. We also held, as required, a neighborhood information meeting, which was well attended and generally favorable. This is a true mixed-use project. By that, what I'm talking about is that there's a true integration of residential and commercial. The vast majority of the buildings here -- in fact, all but the ones in the far comer adjacent to Windstar are mixed use in nature, and by that I'm saying that they have a combination of residential and commercial. It's also a very open project. It's essentially a non gated community except for those 40 units, again, that snuggle up to Windstar back in the northwest comer of the site. The lake that currently exists is proposed to be reconfigured into two separate lakes, approximately three acres apiece. It will be Page 170 ----.-.. ---,_._-- -- I ,l\,oenda It 8m (\]0. 10C ~ May 22, 20G 7 Pclge11of47 September 12-13,2006 reconfigured and designed so that it would be able to maintain the water management requirements that are required by our community for a 25- and 100-year storm. The elevations of the project will be brought up to the required elevations of the new flood code. When we met with staff originally, they said, if you 're going to build in the coastal high hazard area, we really strongly recommend that you consider building those residential units above the flood elevation and even more so above the -- above parking. We have done so. Every unit that we are proposing to be built on this site will be above parking or above a commercial level, except potentially for one unit that may be required to meet the ADA code. That will place the units well above the flood elevations. And, of course, they will be built to the current hurricane standards. This project will also includes 150,000 square feet of neighborhood commercial. The neighborhood commercial will be just that. It's not proposed or anticipated that it would support a Baby Gap, Victoria's Secret or those kind of national chains. It doesn't relate to pass-by traffic as projects do on U.S. 4 l. Instead, it's located interior to the community and it will be absorbing trips and it will be serving the neighborhood, its own neighborhood, and the adjacent neighborhoods. The largest unit, commercial unit, on this proposed development is proposed to be 30,000 square feet as a maximum, and that's approximately half the size of a neighborhood Publix, and we are targeting a neighborhood grocer for that purpose. The rest of the commercial is integrated throughout the mixed-use project in units that are approximately 3,000 square feet and can be further broken down. And so we are looking at accommodating neighborhood uses in terms of offices such as real estate, insurance agents, doctors, dentists, people that would work and live in that particular community. There will also be some restaurants. If we have nationals, or Page 171 -'--..-.-.---.-.. Agenda Item No. 10C May 22,2007 Page 120147 September 12-13,2006 national chains, they'll probably be in terms of coffee shops and the like. The project has been designed to be uniquely stratified from -- in terms of compatibility and also intensity. In the far northwestern comer ofthe site, as I indicated, is the singular project or the singular building of singular residential, and then -- and these will be the largest and the most expensive units, and then they'll gradually go down in size and in price until you reach the comer. So we're looking at a nice economic mix. Prices starting at the low end just below 300,000, and at the high end, starting around $800,000, with a good variety in between. As part of the commitments we made going through the process and negotiating with the CRA advisory board, we won their unanimous favorable approval for the mixed-use project and nearly unanimous approval for the allocation of the 232 bonus density units we are requesting. We had originally proposed 30 units for gap housing level at 150 percent of the median income. They request 15, and we met that request. We've had further conversations since that point with them as well as some commissioners, yourselves, and we're here to also propose that we would provide $1,000 per unit above existing 200, so that would generate potentially as much as $247,000 in addition to that 50 cents per square foot which would generate an additional -- of the commercial, it would generate another 75,000. We've talked to COffilac Giblin upon suggestion. And one of the reasons our client feels comfortable in making these proposals is that these funds would be targeted or earmarked for the people that live there who may be displaced. There's 200 residents -- or 200 units right now. Some of those will probably meet the requirements of affordable or gap housing, and those funds would be first prioritized for their use. And we're going to Page 172 Am,nda Item No.1 DC ~ May 22.2007 Page 13 of 47 September 12-13,2006 be working with Cormac to create that fund and to make sure that allocation works appropriately. So in addition to that, we'll have the 15 percent of the gap -- of the bonus density units; at 232, would be 35 units would be in that housing range. We've gone beyond the traditional look of looking at affordability, and we've also, as I said, stratified the project in terms of cost, and that's reflected in, perhaps, also the amenities that we are offering. For instance, the lake amenity that's going to be closer and more -- closer proximity to the more expensive units will also have the largest proportionate share requirement of the association fees. And as I had stated earlier, most of those units -- or all those units are going to be raised; 382 of those units are designed to be above parking, above the secured reserve parking. Those units will have also a larger association fee to be paid. So we're looking at the smaller units and the more affordable units, the ones that -- the ones that are closer to the more intense areas oftlle development to be designed in telms of walk-up or 10ft units where essentially we can limit common facilities and thereby lowering the cost of the association fees. So there's a nexus between that price range and those association fees, therefore, addressing another issue that isn't cUlTently addressed by the programs that Collier County has. This project also is very unique in that it is going to extend the public realm, and I think that's one of the reasons it's been very, very well received. And that's because it has opened itself up, it's non-gated, there's no large parking lot, and, in fact, the grid system that's been designed into the project actually allows closure of the small park, which would allow it to facilitate art events, craft shows and the like, something that we need in our conul1unity. This board will hear, we believe next month, a petition or a Page 173 Agenda Item 1'"0, 10C May 22, 2007 September 12-Ff'3; 200tl resolution to proclaim this an arts district. And I think this is one project that's going to help facilitate that theme for this entire district. The art show that -- the Haldeman Creek festival that's previously been held there on Bayshore has a unique oppOliunity to move its -- move that event to this location and also to have winter festivals, fall festivals and the like. In addition to that roadway, we also have designed the project, and if someone has seen the iterations or the changes that this has gone through, you will notice that we have a larger area here that is available for public happenings for larger stage events. So we're looking at this to be not only be a unique mixed-use development, but one that becomes the heali of this particular district, a real anchor. This particular site -- and I think one of the reasons that we had the support of the advisory board is that this particular site was identified as one that they wanted to see all anchor occur on, a catalyst project, if you will, and a facilitator. One of the other items that the CRA advisory board requested of us is potential accommodation of a garage. We looked at the opportunity, we studied it, we modified our plan slightly, and we've been able to identify a location for that potential garage. In this graphic in this corner, you can see the -- two areas of the public use. One is the linear system, the boulevard that can accommodate the art festivals, and then the square that's closer to the corner had -- potentially would accommodate a parking garage of about 150 parking spaces per level. The Bayshore overlay would require such a parking garage to be above commercial. Our client would be providing the commercial and the county would be looking at doing the garage above that. We have agreed to allow two years for the county to make the decision on whether or not they wanted to pursue a garage. And my understanding, the idea of the concept is that you would have a series of garages from this site northward that then would be linked by some Page 174 Aoenda Item No. 10C - May 22, 2007 September 12-"r3~ W06' kind of facility, as far as transportation facility, that would accommodate events and basically transporting people from one area to another, facilitating, again, the concept of the arts district. fil~~~~.tI'lI!~~mi'itime,l~jll~irtll~_~B@blJi<\f@l'B'lally 1:.~,,1}~1J1~liar~r-e'~ef~ith..t11}~t}0i1i:1:li~,LQ11:il'1.l!l!11~_llral(: 1iSr:kel\1;tm~it1'iFt~tt't~tw~Yieal>;lperi0d"" Ifthe county does not elect to do it, then we have those additional stories to provide some ofthe residential units above those considerations. This, as I had mentioned, is a grid project, and that's one that is really suppOlied and encouraged in the Bayshore overlay district, and as such, allows for a lot of interconnection. We've proposed that the county's CAT system can utilize that same interloop; would be a nice place for them to locate a facility to allow people to get off and load, that is off the basic boulevard. So, again, it's facilitating good transportation. The mixed-use that we're proposing here is very conscious or it actually is velY good in terms of capturing trips. The trips that will be utilizing the commercial component of this are trips that would ordinarily probably have to go out to U.S. 41. So we're facilitating -- maintaining the comm -- maintaining the trips along 41 by having them redirected internally into the project. We think it's a very special project, it's well located. We're happy to address any issues that you may have. I guess one last point would be the name of Arboretum. We chose that name, our clients came up with it, because of it's adjacency and their commitment to vegetation and trees and being adjacent to the Botanical Gardens. There's a further commitment in our MUP application that we will provide a minimum of 40 percent open space on the project with a full 133 percent of the required 30 percent. So that shows -- in addition to the graphics that we have provided, that shows the greenways and pedestrian ways within the development, our Page 175 Agenda Item No.1 OC May 22. 2007 September 12f'r~ wot57 commitment to a project that has significant green space, open space, and pedestrian-friendly atmosphere. With that, I'd be happy to answer any of your questions. CHAIRMAN HALAS: I have one question. MR. FERNANDEZ: Yes, sir. CHAIRMAN HALAS: On this diagram that you have in front of us, where is the gated units going to be located? MR. FERNANDEZ: The only gated units are the 40 units -- CHAIRMAN HALAS: And on that diagram, could you show me? MR. FERNANDEZ: On this diagram? CHAIRMAN HALAS: Yes, sir. MR. FERNANDEZ: Back here. This is Windstar and this is Pine Street. It's-- COMMISSIONER FIALA: Move it down a little. CHAIRMAN HALAS: I can't see it. MR. FERNANDEZ: I'm sorry. It's this section right here on the other side of the lake. It's only those 40 units. They do not interfere with the general grid circulation system of the rest. CHAIRMAN HALAS: Okay. So you've almost got like a mote there, huh? MR. FERNANDEZ: Yes, sir. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: Drawbridge. MR. FERNANDEZ: And that's less than 10 percent ofthe overall units. CHAIRMAN HALAS: Okay. Commissioner Fiala. COMMISSIONER FIALA: Yes. The propeliy is, what, 37 acres; did you say? MR. FERNANDEZ: Thirty-seven point two six, yes. COMMISSIONER FIALA: A11d you were saying like 40 percent is green space. I would guess green space includes the lakes. Page 176 A:;Jenda i;em ~0o. i0e May 22. 2007 September 12?PS~ ;2'(J('y6' MR. FERNANDEZ: Open space, yes, ma'am. COMMISSIONER FIALA: Open space. I'm sorry. MR. FERNANDEZ: Correct. COMMISSIONER FIALA: Yes, open space. And I'm wondering, if 40 percent of the 37 acres is dedicated to open space, how many acres left will you have to put~nits on? How tall will those buildings be? MR. FERNANDEZ: Well, the provisions in the code allow for total of four stories. We are providing three stories of residential for the residential component as a maximum. We're limited by the Growth Management Plan to four stories. Weare also limited by the Growth Management Plan to the relationship between the residential and the commercial, the commercial being on the first or second level. Over 50 percent of the parking is actually below the building, and that is how we really free up a lot. And it's actually, again, very consistent with what staff and FEMA have recommended and that those units be built above parking facilitating green space. COMMISSIONER FIALA: Let me see if! understood what you just said. So the parking is underneath the buildings -- which is a great idea, by the way -- would be pati of the consideration for open space? MR. FERNANDEZ: Excuse me? COMMISSIONER FIALA: The parking underneath -- MR. FERNANDEZ: Yes, ma'am. COMMISSIONER FIALA: -- the buildings would be considered open space? MR. FERNANDEZ: Oh, absolutely not. They're very much covered. We have a diagram here on sheet five of five that's in your packet. There's actually four diagrams. Y ou'll see in the second diagram over here with all the green space, and that's open space, green space, public open areas. There's a significant amount of open Page 177 l\aenda Item I~o. 1 DC - May 22. 2007 September 12.Ef'3~ ~6 space on this site. Again, it's a commitment to 133 percent of what the minimum requirement is for a mixed-use project. Weare not asking for any variances relative to building heights and we couldn't be granted any anyway because the Growth Management Plan specifically limits us to four stories. COMMISSIONER FIALA: Let me just ask one more question. I'm sorry. CHAIRMAN HALAS: No, no, that's good. COMMISSIONER FIALA: So from the ground were I'm standing, not FEMA or anything, from the ground to the tippity-top (phonetic) of the elevator shafts and so forth, what is that height? MR. FERNANDEZ: I could -- let me show you this graphic that actually comes out of the Land Development Code. This is actually in the Gateway overlay. And it's showing a total of four levels. And essentially what we're allowed to do is 56 feet for a four-story building, 42 feet for a three-story building to the tippy-top to, you know -- COMMISSIONER FIALA: All the roof accouterments. MR. FERNANDEZ: Roof accouterments as much as 70 feet would be the total maximum building height including any kind of roof forms. COMMISSIONER FIALA: Ah. MR. FERNANDEZ: What we have done -- and I'll show you a sketch of this. CHAIRMAN HALAS: I'd like to say that, you know, one of the things that we did change in the Land Development Code was that we wanted truth in advertising. MR. FERNANDEZ: Yes, sir. CHAIRMAN HALAS: And so I think instead of showing where you can put -- what the zone is, the real thing when you bring things before us, you can use the zone, but also be up front and tell us exactly what the real height of the building is. I think this is very important. Page 178 .I\genda Item I~o. 10C May 22. 2007 September 12~'1'3'; 100ti' MR. FERNANDEZ: Truth in advertising, I agree. CHAIRMAN HALAS: Exactly, okay. MR. FERNANDEZ: And we're not -- we're looking to meet the code requirements, and it's 70 feet for a four-story building; 56 feet for a three-story building. As you can see from that sketch, we actually have some lower commercial components to individual buildings, and then you have the residential components that are pari of that same building located behind it. This project and the way it's designed actually is very fluid in the way that it distributes commercial and residential. Again, it's a very true mixed-use development, and it allows for a significant change. It will avoid any kind of canyon effect that you would normally see. And we're committing to 96 feet between the closest buildings on either side of our boulevards that we've provided for. And in that regard, it's a very sensitive design. If you look at projects across the way, the Botanical place, that's the same standards they lived with as far as the building heights. Ours will actually be more varied in that we're looking at having one-, two-, tlu'ee- and four-story buildings. So you'll have modulation throughout the project. CHAIRMAN HALAS: Jfthere's no other questions, we'll have staff make their presentation, and then we'll open it up for public comment. MR. FERNANDEZ: Thank you very much, Commissioner. I'd like to reserve the right to come back and answer any of the additional questions or any issues that may arise from our comments from the public. Thank you very much. MS. VALERA: Again, Carolina Valera, Principal Planner with the Department of Zoning and Land Development Review. As noted in our executive summary, the proposal of this mixed-use development or the petition is for two things; one, to allow the mixed use and one to -- they're requesting 232 units from the pool Page 179 Agenda Item NO.1 DC May 22, 2007 September 12E1'3'; 200t1 that exists for the overlay, for the Bayshore overlay. This process, as I said before, it's unique, and it's only for this area. We -- and you, the board, have approved this process as a way to create incentives of redevelopment in that -- in that area. We looked at the criteria that we have for the mixed-use process, and -- which are outlined in pages 3 and 4 of the executive summary. And as noted in the executive summary, we are recommending approval of this MUP. With that, if you have any questions, I'll be glad to address them. CHAIRMAN HALAS: Okay. Commissioner Coyle? COMMISSIONER COYLE: I have a couple questions and the petitioner might have to get involved in answering these questions. First, how do we get a commitment on the price ranges for the affordable housing? That is a big issue here, and they've committed to having them starting at less than 300,000. How do we get a commitment to do that? MS. VALERA: I'll let the applicant respond to that. MR. FERNANDEZ: Commissioner, it is -- we are happy to enter into any kind of agreement or to amend the approval resolution that basically would state, we will have 15 percent of our gap housing, or 15 percent of the bonus density units allocated to be at a price point no more than 150 percent of median income, and then that provides a definitive number depending on when they come on-line, whether it's this year or next year or the following year. COMMISSION.gR FIALA: How much is 150 percent of the -- COMMISSIONER COYLE: And you're talking about 150 percent of median family income, which is roughly $75,000, I believe? MR. FERNANDEZ: If! remember correctly, and Cormac's here, and he can probably address it better than I can. That 150 percent came out to around a $300,000 unit, and that's what we're committing, that they would start at that price range. But none ofthose 15 percent Page 180 I'.aenda Item 1"0. 10C ~ May 22. 2007 September 12~'1'3~ ~oo8' would exceed 150 percent of that number. COMMISSIONER COYLE: Okay. Now-- CHAIRMAN HALAS: Are you saying -- excuse me. I'm sorry. COMMISSIONER COYLE: No. Go ahead. I have -- CHAIRMAN HALAS: Are you saying that somebody that's making $75,000 can afford a $300,000 mortgage? MR. FERNANDEZ: No, sir. I'm not saying that. I'm basically making a commitment to that] 5 percent of those units being allocated no more than] 50 percent, which would meet your gap guidelines. COMMISSIONER COYLE: What he's really saying is 150 percent of the median. So 75 plus 150 -- 50 percent of75 is going to get you up to about 110,000. And generally the guideline is that you can afford a house that is about three times your annual income. So that gets you up to about $330,000. MR. FERNANDEZ: I think: Cormac might be best to address that. COMMISSIONER COYLE: Yeab, yeah. CHAIRMAN HALAS: And that's including insurance, especially in this area. MR. GIBLIN: Good afternoon, Commissioners. Cormac Giblin, your Housing and Grants Manager. I put on the visualizer our current income limits. And this applicant has agreed to provide 15 percent of the bonus units, so 35 units -- let's just say the number -- as gap housing. And we typically -- this is not a new concept. We typically have requirements in many PUDs that -- we monitor them to be sure that they are sold to people meeting those income limits that I've put on the screen at the 150 percent adjusted for family size. The price of the unit and what insurance is or what taxes are need to be taken into account by the seller to be sure that it's priced within the affordability range of people in those incomes. CHAIRMAN HALAS: With the insurance? Page 181 Agenda Item NO.1 OC May 22, 2007 September] 2-Ff'g:; ~t1 MR. GIBLIN: Yes, sir. MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: And taxes. Now, if! could continue with a couple of other questions. Let's talk about the parking building. It's two -- it's a possibility of two to three levels over commercial. MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: How tall is that going to be? MR. FERNANDEZ: It would need to meet the same requirements of 56 feet. It could be no higher than 56 feet and by -- you know, as far as the actual height, that is 70 feet by the code. COMMISSIONER COYLE: Oh, wait, wait, wait, wait. You can't tell me you're going to have a three-story parking level over commercial that's going to be 70 feet. MR. FERNANDEZ: No, sir. I don't really anticipate that. I would not anticipate that we're going to hit that 56 feet, as far as the zoned height either. That's just the maximum. That project -- that pariicular building, of course, hasn't been designed. Especially when you go to parking, those parking levels will probably be, including the structure, about 10 feet floor to floor. So you would have three floors at 10 feet, which would be 30 feet, plus the first floor, which has a minimum ceiling requirement by the overlay district of 12 feet. So say a minimum -- so you'd end up maybe with 15. So about 45 feet measured height would probably be something that's a reasonable -- COMMISSIONER COYLE: Let's back up. MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: The top floor isn't covered, so you've only got two gaps, 10 feet and 10 feet. That gives you three levels, okay? MR. FERNANDEZ: Yes, sir. Now, the code, I think, would require us in this particular' area to meet the architectural design standards that are applicable. It probably would have some kind of Page 182 JI.oenda Item No. iOC ~ May 22. 2007 September 12?rg; 2'006 architectural finish and some roof form that would actually provide something. So it might go a little higher in this particular -- in this regard. COMMISSIONER COYLE: Okay. So we're talking about maybe 45 feet? MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: Max. Now, what is the setback at that point? MR. FERNANDEZ: The setback -- that paliicular building we're showing is approximately 80 feet off the property line. COMMISSIONER COYLE: And what do you do with respect to vegetative buffers? MR. FERNANDEZ: In that particular area, we have a 20-foot buffer, sir. COMMISSIONER COYLE: Okay. MR. FERNANDEZ: The actual code for this Bayshore overlay district actually does not require us to have a buffer along the perimeter roadways; however, in this project, we understand the sensitivity. We also understand that there's some issues with transportation. What we've done is intemalized that movement, and that allowed us to provide a 20-foot buffer at that edge. COMMISSIONER COYLE: Okay. Now, the -- is that going to be a type B buffer? MR. FERNANDEZ: No, sir. In our application, I believe 011 one of the sheets we actually detail what that is in terms of number of shrubs, numbers of trees and so forth, and that's articulated in there, and it's far above what the code requirements would be. COMMISSIONER COYLE: I would just like a comparison of between what you're providing and, let's say, a type B buffer. MR. FERNANDEZ: I think it's probably closer to a type D buffer, which is what's required adjacent to right-of-way, and it will exceed that requirement. Page 183 Agenda Item NO.1 OC May 22, 2007 September 12.Pp~~ ~6 COMMISSIONER COYLE: Okay. And that -- that's all clearly spelled out? MR. FERNANDEZ: Yes, sir, it is. COMMISSIONER COYLE: Staff happy with that? MS. VALERA: Commissioner, they do need to meet the minimum code of the overlay. They have to. They cannot -- we cannot allow them to -- the code wouldn't allow them to ask for any exemptions from minimum code. Anything above that, we'll being happy to take. COMMISSIONER COYLE: Y eah. You understand that I'm not interested in minimums. MS. VALERA: Understood. COMMISSIONER COYLE: This should be a quality development, it should be well screened. Y ou're going to have some pretty tall buildings. What's the height of this building? MR. FERNANDEZ: Again -- sorry, Commissioner. Again, what we're locking about is depending on whether or not it's a parking garage, or a parking garage that the county elects. And the county doesn't have to elect to put three levels either there. And if there is no garage, then we're probably look -- we're just looking at two stories, not -- COMMISSIONER COYLE: So you're not going to take the option of building those two or three levels if the county refuses to exercise the option? MR. FERNANDEZ: No. There's a slight possibility we might do one level, but not two. We have right now the ability to accommodate all our parking on grid, either below the existing buildings or along the edges. COMMISSIONER COYLE: Is that specified in the PUD, Staff? If the county fails or refuses to exercise its option for the two to three levels, that the number of parking levels there will be restricted Page 184 Aaenda Item No.1 OC - :,1ay 22,2007 September 12frg; 1006' to one parking level? MS. VALERA: I don't believe it is. Again, I mean, when they come for site development plan, they will have to show that they do meet all the requirements, including parking. But again, I mean, we caIIDot attach any conditions that will be different from what the code would allow unless it's above what the code requires. COMMISSIONER COYLE: Sure, we can. MS. VALERA: Above what -- COMMISSIONER COYLE: We attach conditions all the time. The deal is that you're going to give the county an option to build two or three levels. If the county doesn't build the option, what are you going to do? MR. FERNANDEZ: We'll limit it to tln'ee stories maximum, Commissioner. COMMISSIONER COYLE: Three stories maximum. MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: And that could be residential? MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: Which is fine, you know. Nothing wrong with that. MR. FERNANDEZ: Correct. COMMISSIONER COYLE: So would you specify that in the PUD -- or MUP? MR. FERNANDEZ: We're more than happy to make that as a condition of approval. COMMISSIONER COYLE: Okay. MR. FERNANDEZ: We'll stipulate to that. MS. VALERA: If I may-- COMMISSIONER COYLE: So if the county doesn't agree to build the parking levels -- MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: -- or exercise the option to build Page 185 Agenda Item NO.1 DC May 22, 2007 September 12~'1'3~ 2'006' the parking levels, you have the right to build another level of residential there. MR. FERNANDEZ: It would just simply be a reallocation from one area to another, but no more -- COMMISSIONER COYLE: It wouldn't be increased density? MR. FERNANDEZ: No, it would not, sir. COMMISSIONER COYLE: Okay. All right. CHAIRMAN HALAS: Commissioner, I'd like to see us -- see if there's any possibility of any rental units that may be in that development. Not everybody can afford to jump into buying a unit there. Is there any possibility that there would be some rental units that would be available? MR. FERNANDEZ: We did look at that possibility and we discussed that at length with the advisory board. It does get problematic. It's very difficult in a mixed-use development like this, and we decided to only have condominium units in this one as opposed to rentals. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. The last I'd heard on this subject actually -- and this is what I was going to ask as well is -- I understood that you were setting aside a few units, I think five at the time -- and I realize it's been a while since we spoke -- that were going to be rental units for -- hopefully for artists in the area. That's what I had remembered seeing. And, of course, you can't just stipulate artists, but they were saying that, and they were going to be a fixed rate rather than, you know, to be able to be sold and resold and resold to the point where nobody could afford them anyway. MR. FERNANDEZ: We did look at a variety of options, and we did discuss that, including with the eRA advisory board. The discussion of an artist community certainly was something that was Page 186 PG~;nda Item t~o. 10C - May 22, 2007 September 12f13'; 2006 considered and certainly something that they considered. Again, it became very challenging when somebody came up and staIied saying, well, who determines who is an artist? What is an artist? COMMISSIONER FIALA: I heard that conversation, yeah. MR. FERNANDEZ: And what are they going to do? And it became -- to the point where it's like, no, we don't want to get into that business, whether it's the CRA -- because at one time we had said that some of that allocation would be allocated actually to the CRA if they wanted to utilize the space above that garage and put some residential units above that. We were giving them that opportunity or that option. But we didn't want to get into the business of trying to determine who's an aIiist, who's not an artist, if they're practicing or not practicing. If that was an option that was desired, we were more thaI1 happy to provide that option to the CRA for them to construct some of our allocation over the garage, and that was something we looked at. But the CRA advisory board, I think, recognized, once we got into that discussion, some of the challenges that would entail. COMMISSIONER FIALA: That would have been good at a fixed rate rent. Second thing is, I know CRA has a -- has an architectural design and have -- I think you and I spoke about it in the past. And you're moving along in that direction to set the tone there for the area? MR. FERNANDEZ: Absolutely. And as you know, one of the architects is David Humphrey, who you're aware of, and we're ';X;~~'l'!~"ui.,;,h.. h . ,~.1,,,LC'J,~_:,d'Q,"~_-1,,,;\1@"""!/!n;Jj,..,<;IIl'~1iilI>,,,,,,,,,,,;k"'-~_ t'_WliFi>~~i~_l!;VM'llP,S1u~11~l(2Ii!I1e~~~);1~(I;~i~ I k ~"_ .;,t."~~"""I'~~<"'~'-~"-m;:,~,," 00 , ., "'~'.' ,'" ,," ",;<,'l!\\f.~l4'il;li!lii"i "'~' '~~"";\l!I.~.ilife!OO1~IIlli',.('r""i'" , ~~~, ..' Ef-' .~,-" COMMISSIONER FIALA: Great, thank you. CHAIRMAN HALAS: If there's no further questions, we'll open this up for public comment. MS. VALERA: If I may, Commissioner, I would like to just claI'iJy something real quick. Page 187 Aaenda Item NO.1 OC - May 22. 2007 Septcmbcr 12-PPg~:;roo'6' CHAIRMAN HALAS: Okay. MS. VALERA: Thank you. This is not a PUD, and because of that, we catU10t attach at1Y conditions that are above code to the document because there's no such document. We will put it in the resolution. Just wanted to clarify for the record. CHAIRMAN HALAS: Okay. MS. FILSON: Mr.-- MR. WEEKS: Commissioner? CHAIRMAN HALAS: Mr. Weeks, did you have something? MR. WEEKS: I sure do, Commissioner. David Weeks of your Comprehensive Department. Just need to advise you of a couple of changes that are needed to the resolution. For clarification, there's some possible discrepancy or issue between staff and the petitioner as to how many base dwelling units are assigned to this property. This does not change their request for 232 bonus units from that density pool. The concern is that the petitioner's asking for a total of 447 dwelling units. Staff believes that may be a little bit high by as much as 21 dwelling units. But we're not ready to -- we haven't resolved this and we don't need to do this in front of you. But what I would like to do then is change the resolution as follows: The title of the resolution on the seventh line from the bottom -- page 8 of your packet. Again, the title ofthe resolution, the seventh line from the bottom contains the number 447. Right before that I would like to insert the words, quote, up to a maximum of, end quote. On the next line behind the word units, insert, quote, as determined through the SDP process, end quote. CHAIRMAN HALAS: What is that now, again? MR. WEEKS: Behind the word units, insert, as determined through the SDP process. SDP stands for Site Development Plan. Their next step in this process. Page 188 Aaenda item 100" 1 DC - May 22" 2007 September 12:1'~ ~O'W And then under the second whereas paragraph following the title, again, right before the word -- the number 447 -- that's the next to the last line in that paragraph -- inseli the words, quote, up to, end quote. What this is doing is simply clarifYing that what you are doing today, if you approve this as requested, is granting the 232 bonus units, but that the total number of dwelling units will be determined at the time ofthe Site Development Plan stage, but it will not exceed 447 dwelling units. It simply may be less. CHAIRMAN HALAS: Less sounds better. MR. WEEKS: The other information I simply wish to put on the record -- I'm not raising an issue here. I just simply want the commission to be aware that the original density pool, as has been noted earlier today, is 388 dwelling units. A handful of units -- and I can't tell you how many exactly -- but I would say roughly 10 dwelling units have recently been approved from that pool by one or two previously approved Site Development Plans. They predated this mixed-use project process. CHAIRMAN HALAS: So what does that leave us in the pool? MR. WEEKS: Subtracting the 232, that would leave us approximately 146 dwelling units. CHAIRMAN HALAS: And minus the other ones that have been taken from this pool, right? MR. WEEKS: That included those. CHAIRMAN HALAS: Oh, it did. MR. WEEKS: So the 388 minus approximately 10, minus 232, leaves a balance of approximately 146 bonus pool units, and those can be assigned through this process, you know, subject to your approval, through the qualifYing propeliies either within the Bayshore mixed-use district, which this property lies within, but also applies to the Gateway triangle mixed-use development as well. Thank you. CHAIRMAN HALAS: Okay. I don't --I understand the process of where these units come from in regards to the Botanical Gardens, Page 189 Agenda Item No.1 OC May 22, 2007 September ] 2Er~ ~006 but I have some real concerns, especially this being in a coastal high hazard area. And so we're addressing this as we're going through, but I hope we don't get ourselves in another bind like this later on down the road because of the fact that -- MR. WEEKS: If you'll allow me to respond-- CHAIRMAN HALAS: -- especially with the advent of -- excuse me n more and more population coming in here to Collier County, I think we're going to have some other issues to address later on. MR. WEEKS: Briefly, Commissioners. The genesis of this zoning overlay goes back to the year 2000 when we adopted an overlay into the Future Land Use Element of our Growth Management Plan, and that overlay included this creation of this density pool of388 units. I can tell you that when we first transmitted the Growth Management Plan amendment that proposed to allow for additional density for mixed-use projects within this Bayshore/Gateway area, the Department of Community Affairs objected because it did not start out as a pool. We were simply going to allow for a density increase. But their very issue was, Collier County, you're raising density within the coastal high hazard area. Generally speaking, that's a line in the sand that they do not want crossed. At the adoption stage then is where we created this density pool, which the Department of Community Affairs did not object to because it is reallocation of units that had already been approved in the coastal high hazard area, not an increase. CHAIRMAN HALAS: Okay. Thank you very much. At this time we'll open n did you have something? COMMISSIONER COYLE: Yeah. I just want to emphasize that point. If we were increasing the density in this area, I would not support this project. But we're not increasing the density. We're keeping the density exactly where it was in the beginning. Page 190 I\aenda Item 1'<0, 10C - May 22, 2007 September 12"''1'3~ '210f)8' And so in that way we are being true to our coastal high hazard area zoning and sensitive to evacuation because those density units had already been approved and they were already a right to somebody. And so as long as we don't increase them, I feel comfortable. But if we were merely using these units to increase density, I wouldn't be supporting it. CHAIRMAN HALAS: Well, I understand where you're coming from. Let me just add, in the prior subject matter that was before us, we discussed in regards to the size, the width of the streets, and that type of an issue, so that's where I'm leaning in this. And I understand where you're coming from. It's just the idea that we want to make sure that we don't impede the ability for people to get out of that area. COMMISSIONER COYLE: That's right, yes. CHAIRMAN HALAS: So I guess now we're -- if we don't have any more comments from the -- MS. FILSON: Mr. Chairman, I have five speakers. The first one is Robert Crim. He'll be followed by David Jackson. MR. CRIM: I'm going to talk about miists. Can you see that? Not very well. My name is Robert Crim. I've been here before. Most of you recognize me, I think. I live in the Bayshore Club at 4460, number 234. Have been there in my CU11'ent location about a year, and was there previously in another apmiment, about two years previously to that. You might wonder why the little train there has relevance here. Everything you see in black, I statied with. Everything you see in brass -- doesn't come up very well -- I put on there with a gas torch. I'm the artist. I'm the person they're kicking out. So the idea that this is going to be some kind ofrich man's life among the artists, I think there's something a little bit -- on the sly there. Page 191 Agenda Item 1"0. 1 DC May 22. 2007 September 12..'}j; ~'O6" I don't know of any artist, other than maybe Tom Clancy or Danielle Steele who could have afforded the original proposal, which was between 500,000 and $900,000 per unit. Apparently they have come down a little bit on some ofthem. A good friend of mine, the man I'm replacing temporarily from one of my jobs, has a unit for -- they're currently selling for about three and a quarter in Lely, which is a duplicate of my apartment at Bayshore Club, except it's newer, it has a gate, it has a garage. They're not really giving up anything by coming down to 300,000. That's basically what the market says these units are really worth. Everything else is the exclusivity of putting it deeper into the unit or surrounding it with a mote. Now, all of this is kind of interesting because when I went to the plaIming and zoning commission over on Horseshoe Drive, they gave me a document which indicates that the eligible density bonuses for the CHHA include only affordable housing density bonus. That density bonus, as I understand it, is six units per acre. If they go from what they have, which is 200, up to what they want is to double it, more than double it, it seems to me that the affordable housing should be that extra amount. They found a way to get around that by going to the power broker, Mr. Jackson, who's your next speaker, and getting him to transfer all of these unincumbered units from the Arboretum. Now, this is a policy decision on the part ofMr. Jackson. He is determined that we're not going to have affordable housing in this area. We're going to have instead a rich man's place for whatever artist can afford it. It's certainly not going to be me. Now, for this reason I think that this is a totally improper process because it's not just that they're transferring units and keeping the density the same -- I don't know whether that's legitimate or not. I wasn't here when that was actually debated or done and have nothing to do with any of the other state agencies. Page 192 Agenda Ilem NO.1 DC May 22, 2007 September 12-1'3J;2D067 But I guarantee you that a policy decision like this is really a zoning change. It requires a supermajority vote from this commission. And I deny that Mr. Jackson or his agency or any of the others -- CHAIRMAN HALAS: Sir. MR. CRlM: -- have any authority -- CHAIRMAN HALAS : Your time -- MR. CRlM: -- to do that on their own. You need to do it yourselves. CHAIRMAN HALAS: Thank you very much. MS. FILSON: Your next speaker is David Jackson. He'll be followed by Karen Beatty. MR. JACKSON: Good. Thank you. David Jackson, Collier County Redevelopment Agency. The advisory board has had numerous meetings with the applicant, and it also had community meetings in which they were open to the public, and we had many people come to those meetings and feud what was going on. And in that conversation and in that process, a lot of things changed and a lot of things moved around. I'd like to cover a couple of items. We did recommend rentals, and that was a process where they looked at where they would be and what they would do and how they would fit. They offered to the CRA to have about 30 units that we would manage, but we're not in the housing management process. So we let that one go. The parking garage. We looked at it as a great opportunity for the CRA to provide public parking spaces for large events and activities above and beyond what they've met in the requirement. Commissioner Coyle, that two levels, we didn't expect to go more than two levels in the parking garage, maybe even only one would be required. A lot of it has to do with cost, and also what we wanted was the option that if, within the next two years as the area gets built out, if there is a commitment and a requirement for it, that Page 193 Agenda Item NO.1 OC May 22, 2007 September 12J'f""'5; :ro"0@, we would step up to the plate and do that. The developer would build it for us. We would just fund it. And we'd have to, obviously, bring it to the CRA board and look for approval on that. The 388 density bonus units, I am very glad that Mr. Weeks and Commissioner Coyle did point out, you are not increasing the density in the area. Every one of the 388 units came out of the flood zone, the coastal high hazard area. They're all going to go right back into it. And why? Because the entire CRA boundary is within the coastal high hazard area where they can go. All you're going to do is you're going to spread them around. We have no problem in the CRA advisory board and me as your executive director for the CRA' letting them have up to the 232 units. And the reason is, it builds a very good project. It is needed in there. It reduces trips. It keeps people in the area. They don't have to now get out on 41 and AirpOli-Pulling to go to a store, to go to the services that they require. You're looking at it in the coastal high hazard -- I mean outside in the area there of providing those kinds of services. Well, this does there, and it keeps it in there where people can walk, bike, live, walk, play. And it's a very good project. We do support it wholeheatiedly, and we have no problem with the 232 units. The remaining, as I now found out, is 146 instead of my computation of 156 units left. If you did the math on that, you know, taking away one in the coastal high hazard when you have four units authorized by land, take one away, you have three. You do the math out of it, we would have to have another 20-acre project in order to use up the rest of those units. There isn't 20 acres available out there that have a commercial component on it. We have two five-acre parcels that may ask for a portion of it. Page 194 Aoenda !tem ~~o. 1 DC ~ May 22. 2007 September 12:F~; ~67 So by just the fact of land, the way it's built, and the parcels out there, you're going to see that the rest of the units are going to get spread out into the Gateway triangle area and along Bayshore, so that kind of a density will not be happening. CHAIRMAN HALAS: Okay. Thank: you very much. MS. FILSON: Next speaker is Karen Beatty. She'll be followed by Steve Main. MS. BEATTY: Chairman and Commissioners, I am on the board of the Community Redevelopment Agency Advisory Board, and I've lived in the Bayshore Drive area since 1984. I am thrilled to death about this Arboretum Village. I think it's a wonderful thing and it's a long time coming. The principals of the Arboretum Village have had many options of what they could do. They bought this propeliy in -- eight years ago before the CRA was even developed, and they had original intentions, from what they've told me, to make this a condo conversion. That would mean the corner propeliy that was for sale by Poteet Propeliies for a long time would have gone to someone else and it would have been separated. They also could have done many other things. They could have made it into a gated community or possibly applied to have it almexed into Windstar. There's a number of things that they could have done. What they chose is very congruent with the redevelopment agency, the Botanical Gardens. It rounds off and balances out that corner very well. It integrates with the community. It -- as David said, it keeps people in the area. I'm very excited about having local grocer and other small stores there. I think it's a great concept. They're creative thinkers. They have come up with an architectural theme there. It's out of the box. It's not in the box. It's not cookie cutter, and it's very green, which is wonderful. That COlmects very well with the Botal1ical Gardens next door. Page 195 Agenda Item No. 10e May 22, 2007 September 12-''t~; w(l)(57 So I vote a big yes for this, and I hope that you're congruent for it, too. And I'm glad that Mr. Coyle mentioned about the density and the evacuation and how that ties in. I see that that's true, and I'm glad that you brought that up. That's a very important idea to bring up to everyone. CHAIRMAN HALAS: Thank you very much. MS. FILSON: Next speaker is Steve Main. He'll be followed by Bill Neal. MR. MAIN: Thank you. My name is Steve Main. I'm also a member of the CRA Advisory Board. We have been working through several of our meetings, have been many neighborhood information meetings and other meetings that took place with the developer. I, too, am extremely thrilled about the opportunity that we have here with this parcel of property and what it can do in terms of providing sort of a beacon and a catalyst project for the redevelopment of our area there. I'm also a business owner in the Bayshore area currently on Bayshore Drive and moving up to U.S. 41. So I hope that you, too, will support this project in the way that we have. Talking a little bit about the parking garage. We had looked at that as a great oPPOliunity. The builder and developer has been extremely open with this and providing that opportunity if we take it and avail ourselves of the opportunity to have parking there for some of the things that we see in the future for the area. So, again, I urge that you suppOli this project and help us with the redevelopment in the Bayshore area. Thank you. CHAIRMAN HALAS: Thank you. MS. FILSON: Next speaker is Bill Neal. MR. NEAL: Thank you, again, Commissioners, I'm Bill Neal, your Advisory Board Chairman. I could almost sing the same song and second versus up here Page 196 I\:Jenja Item No.1 OC ~ May 22, 2007 September] 2-"1"3; :27G(1)(57 again. As I said earlier, the things that we're doing in Bayshore is the dream and the plan that we have to improve that area. I don't think any of you live in Bayshore, and I don't say that derogatory. I say that we live there. We're trying to improve our area. And everything we bring to you is brought to you based on the rules and regulations that we have to operation under. And again, not to beat a dead horse, but density, we're not violating the density program that we have. As a matter of fact, we're bringing to you some propeliy that we're going to ask for your help to turn into a park that will reduce density. This is coming to you later. So we're still looking at the big picture. I encourage you -- as I said earlier, each of these individual projects is forcing us to not look at what we're trying to accomplish in the Bayshore area. Please try to keep that vision that we have that we've submitted to you, the overlay and all the things that we want to make this a better place for all of us that live there to live in. Thank you. CHAIRMAN HALAS: Okay. MS. FILSON: Mr. Chairman, that was your final speaker. CHAIRMAN HALAS: Okay. Commissioner Henning has a question, and then I'd like to take a break for our comi reporter. She's been here almost -- pretty close to two hours, okay? Commissioner Helming? COMMISSIONER HENNING: Oh, not a question. I'm just, you know, remembering, we did approve a lot of affordable housing in this area. What I see is what's being proposed is a great mixture of the community. And I personally think it's a great plan. I'll support any of the commissioners that are familiar with the CRA in favor of the project. CHAIRMAN HALAS: Okay. Commissioner Coletta, and then we'll take a break. COMMISSIONER COLETTA: Okay, sir. Thank you. Ijust Page 197 Aaenda Item No.1 OC ~ May 22, 2007 September 12."Pg; ~g want to say that I had great concerns over the -- how this was going to work out, the fact that we were having units built, that so much high-end development's been taking place in this area, about the people that have to service the area. What put me at rest was the fact that the petitioner has come forward and is willing to come up with a fund that will be able to help some of those people that aren't being displaced. CHAIRMAN HALAS: Okay. At this time we'll take a 10-minute break, and I ask my commissioners if they hopefully hold -- COMMISSIONER COYLE: Be prompt, right? CHAIRMAN HALAS: Yeah, be prompt, please. We've got a lot to do. Thank you very much. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Thank you, County Manager. If everyone would take their seats. Before we proceed, we're going to -- MR. MUDD: Commissioner, let the court repOlier take her seat. CHAIRMAN HALAS: Oh, I'm sorry. The most impOliant person. MR. MUDD: Yes, sir. CHAIRMAN HALAS: Before we carryon, Ijust want to let everybody know that I'm sure that we're going to be rUlming into tomorrow, so we'll probably cut this off at 6:30 tonight in regards to this because we've been here since nine o'clock this morning. So we're going to work through tins as diligently as we can, and at 6:30, we're -- or thereabouts, we're going to recess until tomorrow morning. So I just want to let everybody know at this point in time. So I believe we're in the process of discussion in regards to the item that we just heard. So at this point in time, is there any further discussion on our -- Page 198 A,qenda !tem No.1 OC , May 22, 2007 September 12lf'3; ~{)0(57 from commissioners in regards to this item? (No response.) CHAIRMAN HALAS: Ifnot, I entertain a motion. COMMISSIONER FIALA: This is Commissioner Coyle's district. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Maybe he wants to -- CHAIRMAN HALAS: Well, can we find where Mr. Coyle is? MS. FILSON: I know where he is. CHAIRMAN HALAS: You do? COMMISSIONER FIALA: He'll be here in a minute. CHAIRMAN HALAS: All right. Commissioner Coyle? COMMISSIONER COYLE: You called? CHAIRMAN HALAS: Yes, sir. COMMISSIONER FIALA: What an entrance. CHAIRMAN HALAS: We just discussed that we're to the point now -- COMMISSIONER COYLE: Yep, I got it. We're going to adjourn at 6:30 or thereabouts -- CHAIRMAN HALAS: Yes, sir. COMMISSIONER COYLE: -- and then we will continue. CHAIRMAN HALAS: That's correct. And we're -- at this point we're out of discussion and so we're looking forward to a motion one way or another, on the item that we just discussed before the break. So I -- COMMISSIONER COYLE: Could we review that, please? CHAIRMAN HALAS: Short memory. Okay. Does anybody have a -- COMMISSIONER COYLE: Motion to approve. CHAIRMAN HALAS: Okay. Do we have-- COMMISSIONER FIALA: Second. CHAIRMAN HALAS: All right. We have a motion on the floor Page] 99 Agenda item NO.1 OC May 22, 2007 September 12.f}~i' 20067 COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN HALAS: Yes. COMMISSIONER HENNING: Does the motion include the changes to the resolution, the header-- COMMISSIONER FIALA: By David Weeks? CHAIRMAN HALAS: Yep: COMMISSIONER COYLE: Yep. COMMISSIONER HENNING: -- that was put on the record by David Weeks? CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: And it also includes the commitments that were made by the petitioner on the record -- MR. FERNANDEZ: Yes. COMMISSIONER COYLE: -- with affordable housing, and the parking levels. MR. FERNANDEZ: Excuse me, Commissioner. The assistant county attorney asked me to read into the record these items, if you would like me to, that we made a commitment to. Is that all right? CHAIRMAN HALAS: Good. Yes, please do, that way we'll make sure we get it in the record. MR. FERNANDEZ: It's so it can be attached to the resolution. Item one, a minimum of 40 percent open space. Item number two, a 20- foot type D buffer with CRA hardscape along the Bayshore and Thomasson Drives we're abutting the garage structure on the corner, or potential garage structure on the corner. Item number three, 15 percent of the bonus density unit shall have price points of less or equal to 150 percent of the gap definition of median income or appropriate for them as worked out with the county's housing staff. Number four, $1,000 per unit above the base 200 units and 50 cents per square foot of developed commercial due at closing or per Page 200 Anenda Item NO.1 OC , May 22. 2007 September 12.?pg; 20067 the housing program that will be developed jointly with the county to addressing the needs and targeting those individuals that are residents of the current development. Number six, if no public garage in the corner is developed with the county, then that structure shall be limited to three stories. CHAIRMAN HALAS: Okay. County attorney, did we cover all items of interest in this motion? MS. STUDENT-STIRLING: I believe you did. CHAIRMAN HALAS: Okay. Is that in your motion? COMMISSIONER COYLE: It is, but I'm not sure that you mentioned the limitation of 447 units, up to. MR. FERNANDEZ: We concur with the amendments that were put on the record earlier by staff. COMMISSIONER COYLE: Good, good. Then I think that covers everything. MS. STUDENT-STIRLING: I thought Commissioner Henning had alluded to that, but I may have been in error. Thank you. CHAIRMAN HALAS: And that's in your second, Commissioner? COMMISSIONER FIALA: Uh-huh. CHAIRMAN HALAS: Okay. Yes, County Attorney. MR. WEIGEL: Thank: you. In regard to the affordable housing and all that's been stated thereupon, if the county should develop and approve an affordable housing or mitigation fee related to affordable housing, I would ask that the board recognize or consider that everything that has been stated by Mr. Fernandez on behalf of the client be taken into account in regard to crediting toward any fee in case there's disparity that should come into play in future months here. CHAIRMAN HALAS: Okay. C01'viMISSIONER COYLE: Okay. CHAIRMAN HALAS: Do you agree with that? MR. WEIGEL: Margie says she thought that was already stated, Page 201 Aaenda Item NO.1 OC ~ May 22, 2007 September 12-'t~; ~W but -- MS. STUDENT-STIRLING: I thought that was already stated. I thought that had been said by Mr. Fernandez. CHAIRMAN HALAS: Ijust want to make sure we get everything in the motion and it's on record. MR. WEIGEL: Thank: you. COMMISSIONER COYLE: Good. I'm okay. CHAIRMAN HALAS: Is there any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign. (No response.) CHAIRMAN HALAS: Motion carries. MR. FERNANDEZ: Thank you very much, Commissioners. Item #8C ORDINANCE 2006-41: PUDA-2005-AR-8832, CREEKSIDE WEST, INC., REPRESENTED BY D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR & ASSOCIATES, P.A., AND R. BRUCE ANDERSON, ESQUIRE, OF ROETZEL & ANDRESS, L.P.A., REQUESTING A PUD AMENDMENT TO THE CREEKSIDE COMMERCE PARK PUD. THIS AMENDMENT PROPOSES TO REDUCE THE AREA OF THE CREEKSIDE PUD BY APPROXIMATEL Y 2.32 ACRES AND REZONE THE AREA FROM CREEKSIDE COMMERCE PARK PUD TO NAPLES Page 202 .Clgenda item NO.1 OC May 22, 2007 Page43 0147 RESOLUTION NO. 06-~ A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING THE ARBORETUM VILLAGE AS A MIXED USE PROJECT (MUP) IN THE BAYSHORE DRIVE MIXED USE ZONING OVERLAY DISTRICT, NEIGHBORHOOD COMMERCIAL SUB-DISTRICT (BMUD.NC), COMPRISING 37.26:!; ACRES PURSUANT TO lAND DEVELOPMENT CODE SEC. 2.03.07 1.3.; PROVIDING FOR DESIGNATION AS "MUP," AND APPROVING UP TO A MAXIMUM OF 447 RESIDENTIAL DWELLING UNITS INCLUDING 232 BONUS DENSITY UNITS AS DETERMINED THROUGH THE SOP PROCESS AND 150,000 SQUARE FEET OF PERMITTED COMMERCIAL USES; AND PROVIDING FOR CONCEPTUAL SITE PLAN APPROVAL, FOR PARCELS LOCATED AT THE NORTHWEST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE. WHEREAS, Arboretum Development. LLC (herein referred to as "Owner") owns two parcels comprising approximately 37.26 ! acres, described below, that are located within the boundaries of the Bayshore Mixed Use Overlay District ('BMUD") and within the Neighborhood Commercial Sub-district (BMUD-NC), all comprising a portion of tha Bayshore-Gateway Community Redevelopment Area (CRA), located in Collier County, Florida at the northwest corner of Bayshore Drive and Thomasson Drive; and WHEREAS, Owner. through its agent, Mlcheel R. Fernandez, AICP, of Planning Development. Incorporated, In accordance with Section 2.03.07. 1.3., of the Collier County Land Development Code ("LDC") has petitioned the Collier County Board of County Commissioners ("Board") pursuant to Petition Number MUP-2006-AR-9898, for approval of a Mixed Use Project ("MUP") in the Bayshore Drive Mixed Use Overlay District, proposing up to a maximum of 447 residential units and 150,000 square feet of commercial floor area for the subject lands to be known as Arboretum Village; and WHEREAS, Owner has timely submitled a sufficient MUP Application ("Application") for the Arboretum Village MUP plan for the lands described below; and WHEREAS. Collier County Staff has reviewed the Application, Including a Conceptual Sile Plan demonstrating compliance with LDC Section 10.03.05. G., along with support documentation and information required by LDC Section 2.03.07. 1.3., and determined that the Application and Conceptual Site Plan are sufficient; and WHEREAS, the Board has determined that the LDC notice and neighborhood information meeting (NIM) requirements applicable to the Application set forth in Section 10.03.05 G, have been complied with; and that Arboretum Village MUP has been recommended for approval by the Bayshore-Gateway CRA Advisory Board. POlgD 1 013 .Agenda Item NO.1 OC May 22, 2007 Page 44 of 47 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY. FLOR'DA that: 1. The foregoing WHEREAS clauses are hereby adopted as if set forth fully herein. 2. The lands described in attached Exhibit "A," consisting of approximately 37.26 + acres are hereby designated as a Mixed Use Project ("MUP"), and be-officially designated as "MUP" on the Official Zoning Atlas M.p. subject to the Conceptual Site Plan atteched as Exhibit "B," and subject to compllence with the requirements of LDC Section 2.03.07. I. 3. d., i. through Iv. The requirements of LDC Section 2.03.07 I. 4" have been met and the Arboretum Village MUP is approved for, and hereby allocated. two. hundred and thirty-two (232) Bonus Density Units. The Conceptual Site Plan for the Arboretum Village MUP attached hereto as Exhibit "B" is hereby approved with the following conditions: 3. 4. a. The developer shail provide a minimum of 40% open space. b, The developer shall provide the landscape instailation as required for a Type D Landscape Buffer pursuant to the LDC, within a 20 foot wide buffer width for those segments along Thomasson and Bayshore Drives fronting the structure(s) identified by the MUP Master Plan as designated for accommodation of the potential CRA parking garage. This width may addltionaily accommodate CRA hardscape requirements for these public roads. c. Fifteen (15%) percent of the bonus density units shail heve a sales price point which is equal to or less than the sum associated with GAP Housing, at 150% of the median income basis. d. The developer shall contribute $1,000.00 per unit developed above the 200 existing replacement units. These funds shall be targeted toward meeting the relocation and housing needs of the eligible residents of the Bayshore Club Apartments who will be displaced by the proposed project. Such funds shall be contributed no laler than the lime of closing of the individual unit sales, provided that the developer shall receive credit for any contributions made prior to that time 10 such eligible tenants, under the terms to be cooperatively agreed upon wjlh the Collier County Operations Support and Housing Staff. e. The developer shall contribute fifty ($0.50) cents per square foot of commercial building. Such funds shail be contributed at or prior to the issuance of the associated commercial or mixed use building permit, In Ihe amount directly associated with such individual building permit commercial square footage. The developer shall receive credit for any contributions made prior to that time to such eligible tenants, under the terms to be cooperatively agreed upon with the Collier County Operations Support and Housing Staff, \. The structure(s) identified by the MUP Mester Plan as designated for accommodation of the potential CRA parking garage, shall be limited to a maximum of three (3) stories should the CRA not elect to exercise its optlon to fund a garage over the proposad commercial base. g, Should Collier County develop and approve an affordable housing fee or mitigation fee. funds contributed by the developer pursuen! to 'tems Pago2of,J l\genda Item No, 10C I\iay 22, 2007 Page 45 of 47 Paragraphs 4d. and 4e. above, shall be credited toward that fee, in the case of any disparIty. 5. Once the property owner, through the MUP approval process, commences constructfon of the proposed development project under the provisions of the Mixed Use Subdistrict, those lands shall only be developed in compliance with all provisions of the BMUD Overlay and shall not revert bar.k to the underlying zoning district. BE IT RESOLVED that this Resolution relating to Petllion Number MUP-2006 AR-9a9a be recorded In the minutes of this Board. THIS RESOLUTION ADOPTED this 12th day of September, 2006, after a Motion. second. and majority vote. ArrEST: DWIGHT E BROCK BOARD OF COUNTY COMMISSIONERS COLliER COUNTY, FLORIDA \!,~ 01-~I.k~ .0000w be ,tt~.t. IS. "" Cll~ lnoan, [leput)' Cierk """"~.'llll~.' By: ~~ -l'~-,' FRANK A. HALAS, Chairman Approved as to form and legai sufficiency: -ff\Cl;J;j ,-,~n, . /Xcc,ou,d" - !)1:"tl..',-..:.~ Marjori' . Student-Stiriing J Assistant County Attorney NAPLESlll1lJ7,QI I"age 3 of.~ Agenda Item NO.1 oe May 22. 2007 ,-'- dr>".c 'N ACCORDANCE WI11I F.A.C. 6IG15-l0.003. TIlE PARCELDESCRII'rION PROVIDED HEREIN IS FOR1NFORMAT'ONAL PURPOSES 0l'll:Y. THE_ ENGINEER OF RECORD AND PLANNINO DEVELOPMENT INCORPORATED ARE NOT RESPONS'"LE FOR ANY INACCURRANCIES NOR FOR THE RELIANCE OF ANY TIUltD PARTY ON THE INFORMA nON PROVIDED. THIS LEGAL DESCRlPTION IS CONSIDERED CORRECT AT THET'ME OF INCLUSION ON THIS DRAWING. CONFIRM THE SUBJECT DEVELOPMENT PARCEL(S) LEGAL DESCRIPTION WITH THELASTEST BOUNDARY SURVEY WHICH MAY INCLUDE UPDATES AND/OR AMENDMENTS. THE LEGAL DESCRIPTION FROM SURVEY BY CONSUL TEeT SURVEY & MAPPING, INC.; ROBeRT J. BILLS, PSM. 4698, DA TED 04.26.U6: LEGAL DESCRIPTION PARCEL I: LEGAL DESCRlPTION FROM OFFICIAL RECORDS BOOK 2393, rAGE 390, PUBLIC RECORDS OF COLLIER COUNTY, FLORlDA, COMMENCING AT TIlE SOUTH Y. CORNER OF SEcnON 14, TOWNSHrP 50 soum, RANGE 25 EAST, COI.L1BR COUNTY, nORlDA, SAID POINT BEING THE SOUTllWESTCORNER OF LOT 5. OF NAPLES GROVE AND TRUCK CO'S LITILE FARMS NO.2, ACCORDING TO THE PLAT TIlEREOF AS RECORDED IN PLAT BOOK I, PAGE 21, OF TlIE PUBUC RECORDS OF COLUER COUNTY, FLORlDA; TIlSNCE ALONG TIlE NORTH AND SOUTH y, LINE OF SECTION 14 AND ALONG THE WEST LINE OF LOT 59 TO SAID NAPLES GROVES AND mUCK CO'S LITTLE FARMS NO.2, NORTH 0"13' I 0" WEST 50,0 FEET TO THE. NORTH RlGHT.OF~ W ^ Y UNE OF S.858, {ffiOMASSON DRfVE); THENCE ALONG SAID NOR111 RIGHT-OF-WAY LINE NORTH 89045'16" EAST, 30.00 FEETTQTHE EAST RIGHT OF WAY LINE OF PINE STREET AND THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; llIENCE ALONG SAID EAST RIGHT~OF-WA Y LINE, NORTIl OGI~'IOh WEST 12&2.27 FEET TO TIJE NORTH LINE OF LOT 56 OF SA.ID NAPLES GROVE!. AND TRUCK CO'S UTTL~FARMS NO. 2; THENCE ALONa SAID NORTH LINE, NORTH '89~41 '31" EAST. 1265.08 FEET TO THE WEST RIGHT OF WAY LINE OF S-858 (KELLY ROAD); THENCE ALONG SAID WF.sT RlOHT~OF.W A Y LINE, SOUTH 0"17'5 I" EAST, 800,00 FEET; THENCE sOUTH 8904"31" WEST 45\.16 FEET; TIIENCE SOUTH 0"17'51" EAST 483.12 FEET TOllm NORTH RIGHT-Of-WAY UNE OF SAID S-B5S (THOMASSON DroVE); THENCE ALONG SAID NORTH RJGHT-OF-WAY tiNE, SOUTI-189l:-4S'16"WEST 815.00 FEtITTOTHE PLACE OF BEGrNNfNG. llGlNG A PART OF LOT 56, A PART OF LOT 51, A PART Of LOT 58, AND A PART OF LOT 59 OF SAID NAPLES GROVE AND TRUCK CO'S UTrLE FARMS NO.2, COLLIERCOUNTV, FLORIDA. AND: PARCRL 21 COMMENCING AT TIlE SOUTH V. CORNER OF SECTION 14, TOWNSHrP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 59 OF NAPLES GROVP. AND TRUCK CO'S LIlTLEFARMS NO.2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 27, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH AND SOUTH Y. UNE OF SAID SECTION 14 AND ALONG THE WEST LINE OF LOT 59 OF SAID NAPLES GROVE AND TRUCK CO'S LlTl1.E FARMS NO. 2, NORTIl OO'Ino" WEST, 50.00 FEET, TO TH~ NORTH R1GHT-OF-WA Y LINE OF S,858 (THOMASSON DRlVE); THENCE ALONG SAID NORTH RIGHT-OF,WAY LINE, NORTll 59045'15" EAST 845.00 FEET, FOR rLACE OF BEGINNING 01' THE PARCEL HERElN DESCRlBED: THENCE NORTH 00.17'5 l" WUST, 483.12 FEET; TliENCE NORTH 89041'3\" EAST, 451.16 FEET. TO TIlE WEST RlGHT-OF-W A Y LINE OF S'85B (KELLY ROAD); THENCE ALONG SAID WEST RlGHT.OF-WA Y LINE, SOUTH I>:l'11'51" EAST, 433.61 FEET: THEN CONTINUiNG ALONG SAlD RrGHT.Olq:l,'AY LINE, sounlWESTERLV, 78.5& FEET ALONG THE ARC OF A crRCULAR CURVE, CONCAVE TO THn NORTHWEST, RADIUS 50.00 f"EET, SUATENDED BY ^ CHORD WHICH BEARS SOUTH 44043'42" WRST, 70.74; THENCE ALONG THE NORnr RIGHT.OF.WAY LINE OF $-858 (THOMASSON DRIVE), SOUTH'8~"45'16" WEST 401.76 FEF.T TO THE PLAC2 Of" BEGINNING. . . BEING ^ PART OF LOT 58 AND A PART Of LOT 59 OF SAID NAPLES GROVE AND TRUCK CO'S urrLE fARMS NO, 2, COLLIER COUNTY. FLOR'DA. CONTAIN1NG 500 ACRES, THE ABOVE DESCRIBED 2 PARCELS CONTAIN 31.26 ACRES EXHIBIT A or--l'-- ....,07 ;:0...... ,"J 0 o "f'-- Z~"T E>-~ Q)~ ..,.., =.2::cL CU " ill .:J> <t """",,- -- -~..s..- __IN_____ hlfK' V4:/I'01I m.rtK ., u.m. :wlIa trrQ.!n:l "It -..--..- . -..-..- t;l~'UI<::IlI'r~DNt'l'l{iIIIYU"lo'33MOlUl,llNjl1S!<<:QJTGrIdOla.lOO 031~Od'tlDJN! lN3tvd013t\3a DNfNNV7ti ~ I ~. 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'" "Efj" ~ Agenda item NO.1 OD May 22.2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners accept an interim report from the Habitat Conservation Plan Advisory Committee and provide the Committee direction for future efforts OBJECTIVE: To have the Board of County Commissioners (BCC) accept an interim report from the Habitat Conservation Plan Advisory Committee (Committee) and provide the Committee direction for future efforts CONSIDERA nON: The BCC adopted Resolution 2005-174 establishing the Habitat Conservation Plan Ad,hoc Advisory Committee with the primary purpose to assess the feasibility of a Habitat Conservation Plan (HCP) to address red-cockaded woodpeckcrs (RCWs). Subsequent to this resolution, the BCC adopted Resolution 2006-41 to add additional members to the Committee and to broaden the scope of an HCP to be a multi-species plan that, depending on geographical scope, would need to address more listed species than just RCW s. Resolution 2006-41 identifies the following functions and duties for the Committee: A. To serve as a fiJrllln fiJl- community review and discussion rcgarding Habitat Conservation Plans ....-. B. To evaluate thefeasibility o(using Habitat Cmlse/1'ation PlallS to protect endangered species in Collier Coun(v, excluding the Rural Lands Stewardship Area, and in particular to cxplore the ramifications o(multi-.\pecies HCPs, including thefi!lloHing elcments: 1. Issucs of geographical scopc and coverage of HCPs 2. 17/e species u.\.....,odatcd levith the geographical scope 3. Types o( impacting activitics, including County infi'astructurc needs; 4. Financial impacts ofnndti-,Ipecies HCPs 5. Community support ofHCPs and 6. Altcrnatives to HCPs ifHC?s are not deemedfeasible C. To provide a rccommendation 10 thc Board of County Commissioncrs regarding the development and implementation of Habitat Conscrvation Plans On February 28, 2007, the Committee voted unanimously that a multi-species HCP addressing all of Collier County is not feasible, but that a more limited geographic scope may be feasible. The Committee is now conccntrating on assessing the feasibility of an HCP to address the Immokalce Urban Area. Other areas that the Committee has identified include the Rural Fringe Mixed Use District and North Golden Gate Estates. The Committee had previously rejected an HCP addressing the County's Coastal Area. Development of an HCP will likely take at least 5 or more years to accomplish. In light of this time frame, the Committee has also identified alternatives to an HCP as part of the process for evaluating the feasibility of an HCP(s). The Committee has limited its cvaluation of HCPs in order to accomplish its mission as directed by the BCC through Resolution 2006-41, specifically Item No. /iOO May 22, 2007 Page 2 of 3 function and duty 8.6 as noted above. The Committee finds, however, tJ1at there is likely a benefit to further identify and evaluate the feasibility of alternatives conculTently with its task of evaluating the feasibility of an HCP. As such, the Committee requests that the BCC allow the Committee to spend more time and effort on evaluating alternatives as it proceeds with its feasibility analysis. FISCAL IMPACT: The Committee has been meeting approximately twiee per month. The cost to provide meeting minutes is approximately $250 per meeting. Stalf time has averaged around 40 hours per month for FY07 to support the Committee's efforts. GROWTH MANAGEMENT IMPACT: The County will continue to rely on Objectives 7.1 and 7.2 and their attendant policies within the Conservation and Coastal Management Element for the protection of wildlife and listed species. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the recommendation for legal sufficiency. RECOMMENDATION: That the BCC accept the Committee's interim report and direct the Committee to concurrently evaluate alternatives that will serve as interim guidelines or progran1s while determining the feasibility ofHCPs. PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director Item Number: Item Summary: Meeting Date: Page] of I COLLIER COUNTY BOAR[; OF COUNTY COMM\SSI:)N~;RS ;00 h ('or,lI1lHlds'.I:)r' "r,at Ilw Goard o~ '::'c:.ntv C(Jn"H'I"SSIOn~r" 3C (.'pl an W'u:rr :(;:)or: Irall1l~'le Ilab",,: C:~)I'IS,w,"tIO!l Pia," .c.,dvl"OIv Cun',: 1'tW'-, ,]r a ~w.1Vide tlw : :,rri'TI;Pf!( ,j,re.:.:t,or, for LJ!Uf'f', elerts fJ:J',,'pl' I' S~!'.mitt i ,l:lllr':SHatcr >)mm~'Il;t,. Lv,',",' ;;<pmenl ,', ::.Iwi:oi';rnental ,';"lv,ces ~:wlc,i(J:'1i ~;./;':'I;Oc- 'J.O(: ()IJ .'\M C"V'rDnmentJrServrce<; DinO'c1.or Date Prepllretl By Will,am D. L.or!)"l Jr., P,E Communily Deve!"pmcrt' Ii Env,ronmentalServlces E'f1v,wnmentaIServices 412712rl07 417:~:1 PM E~eelJt;v~, S",cret~ry Date Allprovcd By M~rlelle St"wart CommUrl'ty Or:velopmen1 Ii; Envlrl)nrHent~1 Services CommUflIty Development & Env'[onmental S"rv,cebAdrnin 5!1/Z0074:29PM Opcratwm;Analysl Date Appro\lctl By .)udyPuig Community Development &. Community Developmllnt & Enviror"l1"ntlll SHrviC[)5 Admm 511/2007437 PM Envirof1menlatSC'r\lICe5 Dille Appru\led n)' Joseph 1<, Schmitt Community Dev"lopmcnl 8. [;nvironnlenlal Scrvice~ Ahnllnstralor Env;rollmontaIS'"rvices (;olnnlUnity Dovcll'l'rnCt11 &. CommLlLlItl' D'Jvelopmet1t Ii; EnVlrO'''''el1taIServic"sAdmin 5;212007812 PM Approved By O~'.B Coordinator ::':ounty Mana\l"'"~ Uffice l',dmmisl'f"tivf!Assistant Dale Otliceof ManagerTwn:. & Budget 514:2007 l\',UI i\M L~"dget AtHllys\ Date Al1llrovcd By M~rk 1$/jCk~on County Manall!lr",~ O:t,ce ')fficeo,Manap(HTWIl! I; Budget 51712007 r~2 t,M CounlyMan;\fler Dn!" Approved By .);::mesV. r'\iH.ld Poard 01' Cm.mty COlTImisc,"mers Count,. M'In'l>le"s Office 5i1LlOD7[2~ PM 1temNumber: Item Summary: Meeting Date: Page 1 of 1 Aqenc1i1 Item No WE May 22, 2007 p,)CJc: 1 of i8 COLLIER COUNTY BDAf~u OF COUrlT\' C:)MMISStQNERS ~J, I,,', . ')''-'([1(> Linllln 1", ?P:', "o\le im .i'~lr?Hn'cni f"l "all' Cl'D F'ur,::h1'se ",':(11 Geur\)c' f:i l_3llaiord O~; Trusw, d tnc R p, L;me 11'10;1 'Uled tl:e '151 dily nt :)e~(-Hllber 1;:'9(' to' 5,,?C d,'res l'r,d",-tI'iC:'::;rlSlOl'I'311:Jn';O-;u;' d"\d!lc:)uisiilonF'rogr;'lf11,31acy.!t]olloHxC'oed : 1C,Cf\,,' :Ie, ild'; f'lr':T f\.:Jl1m)!',:ril,or, A:Jlllil-"$tfC'itl"'.' :;P.fvICe~i ;"~'?1200 (, DVOC h'.l/; S("--w]rPr('P,,rty l,cqul,,;li'H1 ;:'pc;r;Ji'>;l Dnte Preparetl By CindyMErb Administrlltiv"~,crvi(,'e5 ~D,Ci!i1IU"M;J'Dg"nH'"t 511fl!l1074105f PM Ate~andra J_ ~;lIie"ki S"n,o'bwirQon'''''la!Soccral'sl Dale Approved By AdministrativeSeu;eQS r'acll:ties Management 51::11~0(l7 ~49 AM Approved By Skip Camp, C,F,M Admin;strative ~,e'v;ces <Ie ilt'et Managernent(),re"tQr Ullte ra,:ilili8!, Mana(]('''H\t SI4/2007::'-42 PM ,;'s~i5:a": Gount); i.HonleY Ovte Approved By Jennifer A, S"lpc,l<o County Attorney CCllml)'A\tome\")ffice sm2007JlOPM Mary Beck [xecubVL S"cr~t"ry Date Approved By AdministrabvI'Sur'Jices fid[J1'I'"st;'ati\l!> S,'rv,ce:, Act'nin 51R/20079'46 AM Approved By Len Gotden Price Administrat,vuS(;r',ices A{;n,i"",t"nl'\I'" Sec','''''''" gdln,nis!,,,,ior Oa1", kC"'r1FF'F!st..a!lve S"""i(,;',-, A'imin 519i?O(l110::'5AM ,"'dmFn,~lrM'\IrA;;,,15t(\,'t Da'e ~..-- Approved By OMBCoordlnalor County Man"gm"t, ;)!fice O',iC€'ot M",,<>)c'l1ent<:- Budqet 5f')12007;" 2E PM ,.~,'n,,(w"',"'1! & B;II:1gN J'''1,;ysl Dnle Approved Uy Lllura[)llvisson County M"nage(~ Office Oft,~,,"l M,.!lag,,'nrml t Reld')"t 511412007;2:1<1 PM Michael Sm,I".ow~kl li,~,,">W"'<)n:.& Bud',)et:JiruC!Of D"re Approved H}' CountrManagcr" OWe", Cfficu i)t ManClW_H1l<'111 Ii. BtJd"d 51141211072'47 PM Approved By JllmesV, MutJd BO(lrclof Cou"ty Comm!SSionet'5 C"unlv r:,;Jn"fW' [J~le c.cunt,;, r,',;Jn~gc~"~ Office 511412U07 3:0:: PM - .Agenda Item NO.1 OE I'/.ay 22, 2007 Page 2 of 18 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with George P. Langford, as Trustee of the R. R. Land Trust dated the 1" day of December, 1998 for 55.35 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $10,687,700. OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and George P. Langford, as Trustee of the R. R. Land Trust dated the 1" day of December, 1998 (Seller). CONSIDERATIONS: On January 23, 2007, Agenda Item 10A, the Board approved a Collier Conservation Land Acquisition Advisory Committee (ccLAAc) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Seller's property is made up of 16 parcels and contains a total of 55.35 acres. These parcels are located easterly of Old U.S. 41 on the south side of the proposed EastlWest Livingston Road extension and is across the street from the existing Conservation Collier Railhead Scrub Preserve. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $10,650,000 was based upon the average of two independent, state-certified general real estate appraisers, one giving value at $10,500,000 and the other at $10,800,000. The purchase price is higher than the estimated value of $9,000,000, shown on the Active Acquisition List which was approved by the Board on January 23, 2007, Agenda Item Number 10 A; however, there are several factors that contribute to the higher purchase price, such as current comparable sales, and the property's potential for development. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Seller, the County will pay the Seller $10,000 in liquidated damages. The ccLAAc approved this transaction on May 14, 2007, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office. FtSCAL IMPACT: The total cost of acquisition will not exceed $10,687,700 ($10,650,000 for the property, $12,700 for the appraisals, and approximately $25,000 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of May 14, 2007, property costs for Conservation Collier properties, including this property and those under contract, total $56,625,533. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002-63. RECOMMENDATIONS: Staff is recommending that the Board of County eommissioners: 1) Approves the attached Agreement and accepts the Warranty Deed once It has been received and approved by the County Attorney's Office; and 2) Authorizes the Chairman to execute the Agreement and any and all other eounty Attorney's Office approved documents related to this transaction; and 3) Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payment; and 4) Directs the County Manager or his designee to proceed to acquire these parcels, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to these parcels, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5) Approves any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist, Real Estate Services, Department of Facilities Management Aaenda item No.1 OE .~ I~ay 22. 2007 Page 3 of 18 Conservation Collier Land Acquisition Program Project Design Report Date: April 26, 2007 Conservation Collier R R Land Trust Location Map o . u . o SANM I 3 > o , . " > . o " " <JZ . ~ . m o . z . u n Z < ROYAL COVE OR ~I \-_,~ Legend - R R Land Trust Location Map , \\~:'~',.-I r -ColllerCountyRoads II!!ICo'lservatlOnLand [2ZJ R R Land Trust prop~r1les SOO 1,000 Feel Folio Numbers; OO'S2920009; 00lS3400007: 00154360007; 0015284(1008: 00152680006: 0{)152640004: 00154440008; 00152720005:00152780007:00152880000:00153080003; 00153040001:00152800008:0('152600002:00153000009 001544000116 llal.So~n'" Pmrc"l._ com"rCo..nt)' Prnp"r1yApp,ai..r C..al." By, GIS', CD~S ~nyl"'~"'a"'DI S.....ic... G..,CDn~..tv.II"ne..lllet2002\ IseR, 41hcycl..\....ngtotdlt..n.ln~d G"CDn&.."",tiDnColli.r2002',ISCR.,4thcycl..\LanptordTr~.n.jpg Dat.:'.21.0i Coliic~-COlmt}1 Property Owner(s): George P. Langford, Trustee, RR Land Trust Location: North Collier County, south of the Conservation Collier Railhead Scrub Preserve and adjoining the future Veteran's Memorial Blvd. in Section 15, Township 48, Range 25. Total Size: 55.35 acres Appraisal/Offer Amount: $10,650,000 History of Project: Received Selected for the Approved for Purchase offer Offer Accepted application Active Acquisition purchase by made to owners List by CCLAAC BCC August 14, 2006 December] J, 2006 January 23, 2007 March 27, 2007 April I 0, 2007 Aos:ida item No. i CiE ~ r\'1av 22. 2007 pc:i'ge .4 of i 8 Foliolsl and acreaQe: 16 separate folios with acreages as follows: Folio Property Surveyed Appraiser Acreage Acreage 00152920009 2.35 263 00153400007 2.8 3.04 00154360007 1.36 1.49 00152840008 3.79 4.31 00152680006 5.27 4.03 00152640004 3.54 2.71 00154440008 1.36 1.47 00152720005 4.86 3.78 00152760007 5.69 4.51 00152880000 362 4.17 00153080003 2.34 2.66 00153040001 2.94 3.39 00152800006 5.54 4.55 00152600002 4.43 3.44 00153000009 5.14 394 00154400006 4.97 5.23 Total 60.00 55.35 Purpose of Proiect: Conservation Collier ProQram Qualifications: This site met 5 out of 6 initial screening criteria, including presence of native habitat, having human resource values, biodiversity and connectivity (noting the future Veterans Memorial Blvd. will separate these parcels form the Railhead Scrub Preserve). The one criterion not met was that it is not within another agency boundary and so would not offer opportunity for an acquisition funding partnership. The property is located near U.S. 41 and old 41, between Imperial Golf Estates to the south, two manufactured home communities to the west, the future Veterans Memorial Blvd. and Conservation Collier Railhead Scrub Preserve to the north. Two future school sites are located east of the project site along the Veterans Memorial Blvd. right-of-way, the school farthest east is due to open next year and the closer one in 2016. Access to the parcels will not likely be provided until 2016 unless the Transportation Department and Conservation Collier can work together to clear the right-of-way east of the project to provide unpaved access. A proposal to rezone the project from non-agricultural acreage to PUD (Railhead 55 PUD) was brought to the Collier County Community Development Division for pre- application review in 2005, but subsequently abandoned. A 130 foot Railroad parcel runs north-south and splits the project in two nearly equal halves. This parcel is owned by CVX, a national railway line and leased to a local railroad company, Gulf Seminole Railway. The tracks are not active at this time; however the leaseholder advises staff that there is potential to make to rail line active again in the future. Providing some kind of crossing of this parcel anywhere on the project site would be expensive. Florida Power and Light (FPL) maintain a 50-foot easement running north-south on the western half of the property, 30-feet in from the west property line. Collier County maintains a 30-foot stormwater drainage easement directly adjoining the FPL easement on its east side. Agenda Item NO.1 OE May 22, 2007 Page 5 of 18 The parcel contains a habitat listed by the Conservation Collier ordinance as unique and highly preferred for acquisition - xeric oak scrub. Four other native plant communities identified by the Florida Department of Transportation's Florida Land Use Cover and Forms (FLUCCS) (1994/1995) classification system were observed (cypress, freshwater marsh, scrubby pine flatwoods and pine flatwoods) indicating that intact native plant communities exits on the project site. Acquisition of this project will offer human social values including access for recreation when the future Veterans Memorial Blvd. is constructed and enhancement of the aesthetic setting of Collier County due to the frontage along the future road and proximity to two Collier County School sites. This property contains both uplands and small patches of wetlands. Wetland dependent species of wildlife, including state-listed bird species were observed. Approximately 25% of the soils mapped on the site are wetland soils. Vegetation observed in these areas corresponds with soil types. An upland/wetland survey was accepted in 2000 by South Florida Water Management District identifying approximately 5.61 acres as jurisdictional wetlands. These wetland areas may accept some surface waters during flood events, protecting surrounding developed properties. The project area is mapped as contributing moderately to recharge of the surficial aquifer. While this project site is mapped by the Florida Fish and Wildlife Conservation Commission as having low potential for biodiversity and surrounding existing and planned development limits connectivity to other natural areas (except the Railhead Scrub Preserve until the Veterans Memorial Blvd separates them) it does contain at least 3 state-listed plant species, gopher tortoises (State-SSC*), and it does provide habitat suitable for other listed wildlife species, including gopher frog (State-SSC), eastern indigo snake (State- T**), red rat snake (State-SSG), alligator (State-SSC, Federal- T), wood stork (State-E***, Federal-E), bald eagle (State-T, Federal- T) and numerous other bird species. Proiected Manaqement Activities: The RR Land Trust property will be joined with the existing Railhead Scrub Preserve for management purposes. Activities anticipated include removal of prohibited exotic plant species and development and maintenance of a low impact trail. An Interim Management Plan has already been developed and approved by the Board of County Commissioners for the Railhead Scrub Preserve. A Final Management Plan for the Railhead Scrub Preserve is currently being developed and is due by the end of June 2007. The RR land Trust parcel will be included in that plan. The site will be appropriately used for recreational and educational opportunities associated with its environmental attributes. * SSC - Species of Special Concern ** T - Threatened *** E - Endangered CONSERVATION COLLIER lAX IDENTIFICATION NUMBERS: 00152920009.00153400007.00154360007. 00152840008, 00152680006, 00152640004,00154440008, 00152720005.00152760007, 00152880000, 00153080003, 00153P40001, 00152800006,00152600002,00153000009, & 00154400006. A,gen::L:'; item t.~o. I DE f\:1ay 22. 2CJ07 Page 6 of 18 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between GEORGE:P. LANGFORD, .~ i? AS TRUSTEE OF THE R. R. LAND TRUST DATED THE 1ST DAY OF DECEMBER, g. ~ 'ij N 1998, whose address Is 3357 Tamiaml Trail North, Naples, Florida 34103, (hereinafter ,j'j ~ >:;; 0 referred to as "Seller"), and COLLIER COUNTY, a political subdivision oflthe State of "'>..~i :: ~ M ~ Florida, its successors and assigns, whose address is 3301 Tamiami TraM, East, Naples, u c:.- rnco ~ ~ i5 ~ :g..;. FL 34112, (hereinafter referred to as "Purchaser"). mwUl-.2 r:: g-CJQ.lC;;l1.._ ll:<i5~ ui~ $o....-a.~ :'::Q,lOrn ~.g~z ~o WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (he$inafter referred to as "Property"), located in Collier County, State of Florida, and being m~re particularly described in Exhibit "A", attached hereto and made a part hereof by refer~nce. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to sueh sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and thl;! respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as ~lIows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser '*'all purchase from Seller the Property, described in Exhibit "A". ! II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property $hall be Ten Million Six Hundred Fifty Thousand Dollars ($10,650,000). (U.S. Currency) payable at time of cioslng. III. CLOSING 301 The Closing (THE "CLOSING DATE", "DATE OF CLOSING', OR "CLOSING") of the transaction shall be held on or before thirty (30) days after approval of the contract by the Board of County Commissioners Collier County, Florida and all contract contingencies are waived or complied with but not later than one hundred and twenty (120) days following execution of this Ag$ement by the Purchaser, unless extended by mutual written agreement of the p~rtles hereto. The Closing shall be held at the Collier County Attorney's Office, Admi~istration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure'to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and jn accordance with law. At the Closing, the Seller shall cause to be deliver.d to the Purchaser the items specified herein and the following docLl-nents and instruments duly executed and acknowledged, in recordabl~ form: 3.0111 Warranty Deed in favor of Purchaser cqnveying title to the Property, free and clear of all liens and encumbr~nces other than: CONSERVATION COLLIER TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007,00152840008,00152680006,00152640004, 00154440008,00152720005,00152760007, 00152880000, 00153080003, 00153040001, 00152800006,00152600002, 00153000009, & 00154400006 Agenda Item NO.1 OE May 22, 2007 F'age 7 of 18 (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Pu,chaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable Instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Sellsr until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. Attorney George P. Langford shall prOllide Purchaser with an AL TA Commitment for an Owner's Title Insurance Policy (AL TA Form B-1 970) pursuant to Section_4.011, at no cost to Purchaser. Attorney George P. Langford shall provide the Purchaser with an Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below. The Purchaser shall pay Attorney George P. Langford the cost for an AL TA approved Owner's Form B Title Policy, the agreed upon amount of twenty thousand six hundred and forty three dollars and seventy five cents ($20,643.75) after closing and acceptance by the Purchaser. Purchaser shall not be responsible for title examination and any other costs or fees that are associated with ;Iosing that are borne by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as 2 CONSERVATION COLLIER TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, 00152680006, 00152640004.00154440008,00152720005, 00152760007. 00152880000, 00153080003, 0015~0001, 00152800006,00152600002.00153000009 &00154400006. Ag9nda Item ~~o. 1 DE fviay 22 2007 Page S of 18 evidence of title an AL TA Commitment for an Owner's Title Insurahce Policy (AL TA Form B-1 970) covering the Property, together with hard caples of *" exceptions shown thereon. Purchaser shall have thirty (30) days, following reooipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention td waive the applicable contingencies or to terminate this Agreement. ; 4.012 If Purchaser shall fail to advise the Seller in writing of any slilch 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 litle, Seller shall have thirty (30) days to remedy any defects in order to convey gocXJ and marketable title, except for liens or monetary obligations which will be satisfie~ 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 wlhin said time period, Purchaser, by providing written notice to Seller within seveh (7) days after expiration of said thirty (30) day period, may accept title as it then ", waiving any objection; or Purchaser may terminate the Agreement. A failure by, Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to t~le as shown in the title commitment. . 4.013 Seller agrees to furnish any existing surveys of the prope,J in Seller's possession to Purchaser within 10 (ten) days of the effective date pf this Agreement. Purchaser shall have the option, at its own expense, te> obtain a current survey of the Property prepared by a surveyor licensed by the Stalia of Florida. No adjustments to the Purchase Price shall be made based upon anythange to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the ove,all acreage. If the survey provided ijy Seller or obtained by Purchaser, as certified by a registered Florida surveyct, shows: (a) an encroachment onto the property; or (b) that an improvement 10catE\d on the Property projects onto lands of others, or (c) lack of legal access to a public'roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public iPadway, within sixty (60) days of receipt of said written notice from Purchaser. PUli::haser shall have ninety (90) days from the effective date of this Agreement to flOtify Seller of any such objections. Should Seller elect not to or be unable to renilve the , encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller witj1in 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, dr 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 Jack of legal access. 1 V. INSPECTION PERIOD 5.01 Purchaser shall have the latter of thirty (30) days from the date of this Agreement or delivery of the environmental report requested by BUyer, ("Inspection Period"), to determine through appropriate investigation that: I 1. Soil tests and engineering studies indicate that the Propertyican be developed without any abnormal demucking, soil stabilizatidn or foundations. 2. There are no abnormal drainage or environmental requiremtmts to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or ; Agenda Item "0. 10E CONSERVATION COLLIER 'lv1ay 22. 2007 TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, 40152680006, Page 9 of 18 00152640004,00154440008,00152720005, 00152760007, 00152880000,00153080003, 00153040001, 00152800006,00152600002.00153000009, & 00154400006. " contamination. 4. The Property can be utilized for its intended use and purpo~ in the Conservation Collier program. : 5.02 If Purchaser is not satisfied, for any reason whatsoever, witli the results of any investigation, Purchaser shall deliver to Seller prior to the expitation of the Inspection Period, written notice of its intention to waive the appli"'ble contingencies or to terminate this Agreement. If Purchaser fails to ~otify the Seller in writing of its specific objections as provided herein within the InspeCtion Period, it shall be deemed that the Purchaser is satisfied with the results of ils investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right pf inspection, Purchaser shall deliver to Seller copies of all engineering reports ~d environmental and soil testing results commissioned by Purchaser with respect to the Property. ~ . 5.03 Purchaser and its agents, employees and servants shall, atithelr own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall i~demnify Seller on account of any loss or damages occasioned thereby and again+t any claim made against Seller as a result of Purchaser's entry. Seller shall b~ notified by Purchaser no less than twenty-four (24) hours prior to said inspectkln of the Property. I , : , VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized a~ents, shall have the right to inspect the Property at any time prior to the Closing. ' I i VII. POSSESSION i i 701 Purchaser shall be entitled to full possession of the Proper!j at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes nex1 due and payable, after closing on th~ Property, shall be prorated at Closing based upon the gross amount of 2006 taxe., and shall be paid by Seller. i IX TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants a~dlor agreements contained herein which are to be performed by Seller, within ten (1P) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall ha~e the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Ag!eement. i I 9.02 If the Purchaser has not terminated this Agreement pursuarjt to any of the provisions authorizing such termination, and Purchaser fails to clo$e the transaction contemplated hereby or otherwise fails to perform any of the terms!, covenants and conditions of this Agreement as required on the part of Purchaser jo be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notiq., thereof to Purchaser, whereupon Ten Thousand Dollars ($10,000.00) shall b!! paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the oth... except as set forth in paragraphs 5.03 (Inspection Period) and 12.01, (Real Estaje Brokers), hereof. The parties acknowledge and agree that Seller's actual dafnages in the event of Purchaser's default are uncertain in amount and difficult tl> ascertain, and CONSERVATION COLLIER ~ TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, 40152680006, 00152640004,00154440008,00152720005, 00152760007, 00152880000, 00153080003, 00153D40001, 00152800006,00152600002,00153000009,& 00154400006. ; p,gencia !tem NO.1 OE [,'1ay 22. 2007 Page 10 of 13 that said amount of liqUidated damages was reasonably determln~ by mutual agreement between the parties, and said sum was not intended taibe a penalty in nature, 9.03 The parties acknowledge that the remedies described hereip and In the other provisions of this Agreement provide mutually satisfactory arid sufficient remedies to each of the parties, and take into account the peculia~risks and expenses of each of the parties. ! X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: i , 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions land to perform all tasks required of each hereunder. Seller is not presently ihe subject of a pending, threatened or contemplated bankruptcy proceedin~. 10.012 Seller has full right, power, and authority to ovJn and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection her~with, and to consummate the transaction contemplated hereby. All necej;sary authorizations and approvals have been obtained authorizirjg Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall ~e delivered to Purchaser andlor Seller, if necessary. . 10.013 The warranties set forth in this paragraph shad be true on the date of this Agreement and as of the date of Closing. Purchbser's acceptance of a deed to the said Property shall not be deeri>ed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this.Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pendirl;J or threatened against Seller, at law, equity or in arbitration before or by artf federal, state, municipal or other governmental instrumentality that relate tb this agreement or any other property that could, if continued, adversely affabt Seller's ability to sell the Property to Purchaser according to the terms of t~is Agreement 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this!Agreement remains in force and effect, Seller shall not encumber or co~vey 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 ~r any part thereof, without first obtaining the written consent of Purcha~er to such conveyance, encumbrance, or agreement which consent m.y be withheld by Purchaser for any reason whatsoever. j i 10.017 Seller represents that there are no incinerator~, septic tanks or cesspools on the Property; all waste, If any, is discharged i,*o a public sanitary sewer system; Seller represents that they have (It has) no knowledge that any pollutants are or have been discharged from the Property, directly or indi,ectly into any body of water. Seller represents the Property has not been used for the production, handling, stqrage, transportation, manufacture or disposal of hazardous or toxt substances or wastes, as such terms are defined in applicable laws and regulations. or any I , CONSERVATION COLLIER , TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, lio152680006. 00152640004,00154440008,00152720005, 00152760007, 00152880000, 00153080003, 00153~0001, 00152800006,00152600002,00153000009, & 00154400006, . Agenda Item NO.1 OE May 22, 2007 Page 11 of 18 l other activity that would have toxic results, and no such haZl'rdous or toxic substances are currently used in connection with the opera~on of the Property, and there is no proceeding or inquiry by any auth~rity with respect thereto. Seller represents that they have (it has) no knowlectJe that there is ground water contamination on the Property 0' potential of ~round water contamination from neighboring properties. Seller represen$ Seller has no known storage tanks for gasoline or any other substances *e or were located on the Property at any time during or prior to Seller't ownership thereof. Seller represents none of the Property has been us/.d as a sanitary landfill. . 10.01 B Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any a!>plicable Federal, State or local statute, law or regulation, or of any nbtlce 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 insta'ation on or in connection with the Property in order to comply with any la",", ordinances, codes or regulation with which Seller has not complied. : ! 10.019 There are no unrecorded restrictions, easemehts or rights of way (other than existing zoning regulations) that restrict or ~ect the use of the Property, and there are no maintenance, construction, ~vertising, management, leasing, employment, service or other contraclts affecting the Property. : 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposalsffor public improvement assessments, pay-back agreements, paving ~reements, road expansion or improvement agreements, utility moratoriums,;use moratoriums, improvement moratoriums, administrative or c4:her proceedings or governmental investigations or requirement~, formal or informal, existing or pending or threatened which affects th~ Property or which adversely affects Seller's ability to perform hereundet; 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 <it this Agreement. ! 10.021 Seller acknowledges and agrees that Purchaser is entering Into this Agreement based upon Seller's representations st~ted above and on the understanding that Seller will not cause the zoning 0/ physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Propetty or the governmental ordinances or laws governing same. Seller al~o agrees to notify Purchaser promptly of any change in the facts contairted in the foregoing representations and of any notice or proposed chimge In the zoning, or any other action or notice, that may be proposed pr promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change anY other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") teasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. , I 10.023 Seller represents, warrants and agrees to ind~nify, reimburse, defend and hold Purchaser harmless from any ahd all costs 6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, qo152680006, 00152640004,00154440008,00152720005, 00152760007, 00152880000, 00153080003, 0015~40001, 00152800006, 00152600002, 00153000009, & 00154400006. ~ 1 r:\genda itsm NO.1 DE 'v1ay 22. 2007 Page 12 of 18 (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connectiorl with the application of any federal, state, local or common law relati~g to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Cclmpensation, and Liability Act of 1980, 42 U.S.C. Section 9601, €It seq., (tERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), inclLding any amendments or successor in function to these acts. This pr.vision and the rights of Purchaser, hereunder, shall survive Closing and art! not deemed satisfied by conveyance of title. This representation, warra~ty and agreement is limited to matters known to Seller or which reasonably should be known to Seller. 10.024 Any loss and/or damage to the Property betwJen the date of this Agreement and the date of Closing shall be Seller's sol~ risk and expense. 10.025 Seller's above representations are to the knoWledge of Seller and not affirmative representations of matters not known to Seller. XI. NOTICES 11,01 Any notice, request, demand, instruction or other communi~tion to be given to either party hereunder shall be in writing, sent by facsimile with j,utomated confirmation of receipt, or by registered, or certified mail, return recieipt requested, postage prepaid, addressed as follows: ' If to Purchaser: Alexandra Sulecki, Coordinator , Conservation Collier Land Acquisition prograr+ Collier County Facilities Department ' 3301 Tamiaml Trail East Naples, Florida 34112 Cindy M. Erb, Senior Property Acquisition Spebalist Collier County Real Estate Services . Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 With a copy to: If to Seller: George P. Langford, Trustee 3357 Tamiami Trail North Naples, Florida 34103 Telephone number: 239-262-2011 Fax number: 239-262-0902 11.02 The addressees and numbers for the purpose of this Articleimay be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue~n effect for all purposes, XII.REAL ESTATE BROKERS 1201 Any and all brokerage commissions or fees shall be the sol4 responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker ct any other CONSERVATION COLLIER , TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, 00152680006, 00152640004, 00154440008, 00152720005,00152760007,00152880000, 00153080003, 00153040001, 00152800006,00152600002,00153000009, & 00154400006. person or party claiming to have been engaged by Seller as a real!estate broker, salesman or representative, in connection with this Agreement. S~ler agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. ! XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. .. I 13.02 This Agreement and the terms and provisions hereof shall de effective as of the date this Agreement is executed by both parties and shall inur. to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assitlnees whenever the context so requires or admits. I i 13.03 Any amendment to this Agreement shall not bind any of theiparties hereof unless such amendment is in writing and executed and dated by ~rchaser and Seller. Any amendment to this Agreement shall be binding upon P~rchaser and Seller as soon as it has been executed by both parties. ; ! 13.04 Captions and section headings contained in this Agreemen(are for convenience and reference only; in no way do they define, descri~, extend or limit the scope or intent of this Agreement or any provisions hereof. ' 13.05 All terms and words used in this Agreement, regardless of t~e number and gender in which used, shall be deemed to include any other gendf or number as the context or the use thereof may require. : 13.06 No waiver of any provision of this Agreement shall be effec~e unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the speclfidnstance to which it is related and shall not be deemed to be a continuing or f~ure waiver as to such provision or a waiver as to any other provision. i i 13.07 If any date specified in this Agreement falls on a Saturday, $unday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the B<iard of County Commissioners of Collier County, Fiorida. i 13.09 If the Seller holds the Property in the form of a partnership, pmlted partnership, corporation, trust or any form of representative capacitY whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held In such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Flo!ida Statutes, whose stock is for sale to the general public, it is hereby exempt frbm the provisions of Chapter 286, Florida Statutes.) ; 13.10 This Agreement is governed and construed in accordance ~ith the laws of the State of Florida. . XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain th~ entire agreement between the parties, and no promise, representation, warranty or , 8 .Agenda Item NO.1 OE May 22, 2007 Page 13 of 18 I ,A.genda ,I:em No. ~ JE CONSERVATION COLLIER 'May 22. 2007 T,I\...\ IDENTIFICATION NUMBERS: 00152920009. 00153400007, 00154360007, 00152840008, tt0152680006, Pace 14 of 18 00152640004,00154440008,00152720005, 00152760007, 00152880000, 00153080003, 00153b40001, - 00152800006, 00152600002, 00153000009. & 00154400006. ! i , covenant not included in this Agreement or any such referenced agreements has been or IS being relied upon by either party. No modification or al11'ndment of this Agreement shall be of any force or effect unless made in writing a~d executed and dated by both Purchaser and Seller. Time is of the essence of thisiAgreement IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: 1 BOARD OF COUNTY COMMIS$IONERS COLLIER COUNTY, FLORIDA . ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BY: JAMES COLETTA, Chairman AS TO SELLER: DATED 4,)(, -o? WITNESSES: ~I?,;.~#r U~ (Signattl~ r ~ flc."tJ I. tc~<c,fe! ~10 (Printed ame) BY: RD,I'S STEE FTHE .. D TRUST DATED THE 1ST D,4.Y OF DECEMBER,1998 ; _J(',.___~ ~ (Signature) ~ ~ ,^^..~::r: --ra'lo\/ (Printed Na ) Approved as to form and legal sufficiency: ~n'R~ _~ J nifer A. Bel~o Assistant County Attorney 9 EXHIBIT "A" 1of4 PROPERTY TAX 'DENTIFICATION NUMBER: 00154400006 LEGAL DESCRIPTION: I i NORTH 380 FEET OF THE SOUTH 730 FEET OF THE NORTH 780 : FEET OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEA~ QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE f5 EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE ' ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 4.97 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00153400007 LEGAL DESCRIPTION: , NORTH 200 FEET OF THE SOUTH 400 FEET OF THE NORTH 780 i FEET OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEA* QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE t5 EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE ' ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 2.80 acres more or Jess. AND PROPERTY TAX IDENTIFICATION NUMBER: 00154360007 LEGAL DESCRIPTION: NORTH 100 FEET OF THE SOUTH 200 FEET OF THE NORTH 780 i FEET OF THE NORTHWEST QUARTER (NW Y.) OF THE NORTHEAS-n QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE b EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE ! ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 1.36 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00154440008 LEGAL DESCRIPTION: SOUTH 100 FEET OF THE NORTH 780 FEET OF THE NORTHWEST QUARTER (NW Y.) OF THE NORTHEAST QUARTER (NE Y.) OF , SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER I COUNTY FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE : RAILROAD RIGHT-OF-WAY. i 1.36 acres more or less. Agenda Item NO.1 OE May 22, 2007 Page 15 of 18 EXHIBIT "A" 2014 AND PROPERTY TAX IDENTIFICATION NUMBER: 00152840008 LEGAL DESCRIPTION: SOUTH 300 FEET OF THE NORTH 1080 FEET OF THE NORTHWEST. QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE %) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; L Y'NG WEST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 3.79 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00152880000 LEGAL DESCRIPTION: THE SOUTH 300 FEET OF THE NORTH 1380 FEET OF THE WEST HALF (W 1/2) OF THE NORTHEAST ONE FORTH (NE %) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 3.62 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00153040001 LEGAL DESCRIPTION: THE SOUTH 250 FEET OF THE NORTH 1630 FEET OF THE WEST i HALF (W 1/2) OF THE NORTHEAST QUARTER (NE %) OF SECTION 1~, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 2.94 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00153080003 LEGAL DESCRIPTION: THE SOUTH 200 FEET OF THE NORTH 1830 FEET OF THE WEST i HALF (W 1/2) OF THE NORTHEAST QUARTER (NE %) OF SECTION HI. TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY ' FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF,WAY. 2.34 acres more or less. i'l,genda item No.1 C1E r.1ElY 22. 2007 PaJ8 16 of 18 EXHIBIT "A" 3014 AND PROPERTY TAX IDENTIFICATION NUMBER: 00152920009 LEGAL DESCR'PTION: THE SOUTH 200 FEET OF THE NORTH 2030 FEET OF THE WEST ; HALF (W 1/2) OF THE NORTHEAST QUARTER (NE y.) OF SECTION 1~, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 2.35 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00152800006 LEGAL DESCRIPTION: THE SOUTH 347 FEET OF THE NORTH 2337 FEET OF THE WEST i HALF (IN 1/2) OF THE NORTHEAST QUARTER (NE y.) OF SECTION 1d, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT,OF-WA Y. 5.54 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00152760007 LEGAL DESCRIPTION: THE SOUTH 350 FEET OF THE NORTH 1990 FEET OF THE WEST . HALF (W 1/2) OF THE NORTHEAST QUARTER (NE Y.) OF SECTION 1~, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY ' FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD R'GHT-OF-WA Y. 5.69 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00152720005 LEGAL DESCRIPTION: THE SOUTH 300 FEET OF THE NORTH 1640 FEET OF THE WEST i HALF (W 1/2) OF THE NORTHEAST QUARTER (NE Y.) OF SECTION 1~, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY . FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY 4.86 acres more or less. Agenda Item I~o. 10E May 22, 2007 Page ~17 of 18 EXHIBIT "A" 4 014 AND PROPERTY TAX IDENTIFICATION NUMBER: 00152680006 LEGAL DESCRIPTION: THE SOUTH 330 FEET OF THE NORTH 1340 FEET OF THE WEST HALF (W 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY . FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 5.27 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00152640004 LEGAL DESCRIPTION: THE SOUTH 230 FEET OF THE NORTH 1010 FEET OF THE WEST HALF (W 1/2) OF THE NORTHEAST QUARTER (NE Y.) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY . FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT,OF-WAY. 3.54 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00153000009 LEGAL DESCRIPTION: THE SOUTH 375 FEET OF THE NORTH 780 FEET OF THE NORTHWEST QUARTER (NW Y.) OF THE NORTHEAST QUARTER (N~ Y.) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY; LESS AND EXCEPTING THE EAST i 30 FEET THEREOF. . 5.14 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00152600002 LEGAL DESCRIPTION: THE NORTH 405 FEET OF THAT PORTION OF THE NORTH 780 FEET1 OF THE NORTHWEST QUARTER (NW Y.) OF THE NORTHEAST . QUARTER (NE Y.) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY; LESS AND EXCEPTING THE EAST 30 FEET THEREOF, AND LESS AND EXCEPT'NG THE NORTH 50 FEET THEREOF 4.43 acres more or Jess. /-\g8ncJa Item NO.1 OE i,1ay 22, 2007 Page 18 of 13 Agenda Item No. 10F May 22, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve the Winchester Head Multi-parcel Project as a Category A project on the current Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue properties within this project, considering conditions provided by the Board of County Commissioners and a risk reduction approach developed by staff. OBJECTIVE: To obtain approval from the Board of eounty Commissioners (Board) to place the Winchester Head multi-parcel project as a Category A project on the current Conservation Collier Active Acquisition List (AAL) and give direction for the County Manager or his designee to actively pursue properties within this project, considering conditions provided by the Board and a risk reduction approach proffered by staff as outlined below. CONSIDERATIONS: On January 23, 2007, Conservation Collier Program staff brought to the Board a list of recommendations made by the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) for projects in the 4th acquisition cycle. The Winchester Head multi-parcel project was among the A-list recommendations (Table 1). At that Board meeting, a letter was read into the record to the Board from the Collier Soil and Water Conservation District (CSWCD) opposing Conservation Collier purchases within Winchester Head as potentially conflicting with a CSWCD conceptual stormwater management project within the North Golden Gate Estates (NGGE). The result of this letter was to continue the decision whether to place Winchester Head multi'parcel project on the A-list until the CCLAAC, local property owner associations and Board of County Commissioners could meet with the Soil and Water Conservation District Supervisors to understand and/or resolve potential conflicts with CSWCD project plans. .- The CCLAAC met with Supervisors from the CSWCD at its regular March 1 zih publicly televised meeting, where members expressed confidence that the Conservation Collier Program could coordinate its efforts with the outlined goals of the CSWCD. CCLAAC members then requested that the CSWCD rescind its objection to Conservation Collier purchases within the Winchester Head and other North Golden Gate Estates areas. The CSWCD did subsequently send a new letter to the Board, dated March 15, 2007 (copy attached) removing those objections. Additionally, Conservation Collier staff met with a CSWCD Supervisor and a representative of the Big Cypress Basin/South Florida Water Management District on April 19, 2007 to discuss harmonization of efforts. The result of that meeting was a mutual understanding that purchase of parcels within deeper wetland areas by Conservation Collier could playa role within a larger CSWCD project involving acceptance of mitigation lands and funds, conservation of natural resources and protection of ground and surface waters, particularly in relation to stormwater management. Staff and the CSWCD anticipate producing a visual map to show how program purchases and CSWCD projects can work together to serve a variety of goals. On April 1 0, 2007, the County Manager asked Board members at the publicly televised Board meeting for direction in bringing back the issue of Winchester Head prior to a proposed Board/CSWCD workshop. The Board agreed to hear the request to activate the Winchester Head multi-parcel project in the A Category of the Active Acquisition List, with specific conditions. These Included: . Appraisals should use comparable sales from wetland, not upland parcels, and preferably within the Winchester Head; . All the parcels offered should be appraised at once, and we should make our offer at that price, and; . A "significant number" of owners should accept before we commit to buying. - Additionally, staff had been working on developing an approach to buying in multi-parcel projects that would reduce the inherent risks. This approach includes the following: . Working with the independent appraisers hired by Collier County to educate them on the issues and costs associated with development of wetlands so that accurate comparable sales can be used and and/or an accurate adjustment can be made for appraisals of wetlands within the NGGE; . Meeting with the Property Appraiser and his staff to keep them informed as to areas where Conservation Collier is pursuing acquisition, informing them about development issues relating to i~8rn NO.1 OF f"day :22, 2007 ?a:;;e 2 of 7 wetland properties, and demonstrating that Conservation Collier sales are "arms-length" transactions that could be considered by the Property Appraiser in determining assessed values. . Determining a ceiling per-acre value, based on the area appraisal, that Conservation Collier will pay in the multi-parcel projects and providing a trigger mechanism to drop a project to B-list status when that ceiling value is reached. it is estimated that the current market would support $23,000 per acre within Winchester Head wetlands. Staff proposes a 15% rise to $26,500 could trigger a "ceiling" that would automatically drop the project to the B-List until further review showed favorable market conditions for buying again and the Board approved resuming purchases. . Developing a per acre offer, based on the Conservation Collier Purchase Policy of offering 100% of fair market value, that will be the same for all properties within the multi-parcel project area and will be good for a 6 month period. Conservation Collier owns seven (7) parcels totaling 8.88 acres within Winchester Head. Staff currently has willing sellers for another twenty-four (24) Winchester Head parcels totaling 34.84 acres. Collier Soil and Water Conservation district owns two (2) parcels totaling 2.28 acres (Figure 1). If all 24 sellers agree to sell at the estimated per-acre value of $23,000 a total of 46 acres, or 40% of the entire project, will be in public ownership. FISCAL IMPACT: The estimated cost for purchase of the twenty-four (24) Winchester Head parcels currently offered by willing sellers, totaling 34.84 acres, at $23,000 per acre, is $801,320. Acquiring the remaining 71.16 at the same per-acre value would cost an additional $1,636,680 for a total project land cost of $2,438,000. At the high ceiling per-acre value the cost for the remainder of the project would be $2,809,000. Therefore, a cost range of between $2,439,000 and $2,809,000 for the entire project is anticipated as a result of Board approval. Note that this is less than the estimated cost of $3,339,600 provided to the Board at its last consideration of the Winchester Head multi-parcel project, on January 23, 2007. Currently, there is $24 million available in FY07 for land acquisition, $8 million of which is held in reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the Winchester head Multi- parcel Project as a A-Category project on the current AAL and authorizes the County Manager or his designee to actively pursue acquisition of parcels within this project, using the Board's conditions and staff's risk reduction approach. PREPARED BY: Alexandra J. Sulecki, Sr. Environmental Specialist, Facilities Management Dept. 2 Agenda Item No. 10F :v1ay 22, 2007 Page 3 of 7 Table 1. Board Approved Active Acquisition List Priority nesignation Estimated for "A" Size Value per Category Name Estimated Value (ac) acre List Cate~orv J'ronertics Hamilton $1.500,000 '94 $7,732 A 1 Karen $900,000 0.68 $1.323.529 A 1 Mdlvane Marsh Calo $940,000 40 $23.500 A 1 Connoll\' Trust $630,000 70 $9.000 A I Predmore/Rivers $215.000 19,54 $11,()1I3 A 1 Pric{' $215,()()O 20 $10,750 A 1+ R.JS LLC $408.000 51.02 $7,997 A 1 Scherer S720.000 80 $9,()()O A 1 West $40,000 2.02 $19,802 A 1 OettinlJ $171,000 2.28 $75,000 A 1 RR land Trust $9,OUO,O()() 60 $1511.001l A 1 Starnes $3.610.llO0 367.7 $9,818 A 1 Winchester Head $3.339 600 132 $25.300 No final decision ~ Continued ] Fleischmann North - 13 acres $2.000.001l J3 $153.846 A . Subtotal $23.688.600 1039.24 Camn Keais Strand Bortnick $10,000 5 $2.000 B Camnbell $111.000 5 $2.1100 B DarbvTr $10.000 5 $2.000 B I)jeko\\ $90.000 75 $1.200 B I)jndalVl:alsh $10.000 5 $2.00(J B Freeman $10.000 5 $2.000 II Griffin $10,000 5 $2.000 II lIamilton $9.550 4.77 $2.1Hl2 II McSwain S10.00n 5 $2.11110 II Rudolnh $18.000 10 $1.800 II Schaab $5.000 2.5 $2,000 II Street $5.000 2.5 $2,000 II Tucker S211,1l00 10 $2.1100 B \Vinebrenncr SIO,OOO 5 $2.tJ(l{l II I~ 75 Properties AL1\1 LLC $261.000 (;,7 $38.955 B Ar"av $270,OO() 7.115 $38,298 II Arias $322,0(JO 6.94 $46.398 II Avra $147,000 3.18 $46.226 II Fernandcz $175,000 3.35 $52.239 II Mohllbir $2611.UOO 6.7 $38,H06 B Velez $260.0nO 6.76 $3H,462 B Kirbv $90.000 I $90.{lOO B Murnh\' $190.()OU 1 $190.(JOll II Red Maple Swamp Preserve (NGGE Unit 53) $1 U.605,tHIO 176.75 $60.UOO II Subtotal $12.807.550 364.2 Abercia 511.144,102 9 $127.122 C Blake $167.0110 4.77 $35.010 C Camobell (4 n)Rs) S86.01l0 4.77 $18.029 C Narsiff-2 $650,000 21 J~8 $2'J,707 C Peters (Conservation Easement) $86.240 5 $17,248 C Subtotal $989.240 36.42 Total $37,485.390 1439.86 Figure 1. Winchester Head - Conservation Collier parcels and willing sellers Item hlo. 10F fday 22. 2007 ?age 4 of 7 --------, Winchester Head Acquired Parcels and Willing Sellers ~ \. \ -, 0____ :50 500 '.QQOFeet , Legend ,Ie-. --;;," ':'_~'{f7' Acquired V\~lIing Seller $Q(Hce Coll,er COLlllly PI()pert,' Appraise' :005 Aerial maps CL::ES'Envllc.nmenlaI3ervlces G. "Conser"1l1ir,.nCQI;ler maps-<lcquire:lprop"rhes,WiflCl1e".terheadWH1C_20_0C,rmci and IPQ re'.'15eol1-07_06 Co/lieI' COUllty ----.--....- ---'-, _.~---~_.._._._._-------- ,.,_.._---_...._----,- I ~ 4 Aoenda item NO.1 OF ~ May 22, 2007 Page 5 of 7 Collier S()il & Water cOP y Conservation District RECE1VED ,"(;,.IN'1 M.J,AGEROFFICE , ~ ~~~)'-- ~:;..1 23 2l!O7 ..;;:;r ..cAP, - -,'~~' ~L.' ";.--:.. ><:.y .P<' ~-" ~;!!eM! ) -~~ ~.... ~~ ~ ~ .li"'Y;:" ......".;' ti-'/... "'" r ...-;, .~. ... -_~~ f(, . "!, ...__ ," .f~ k ',~ ~ .~.,~-:,' .~ , - . ~ " --, . /. Elected Board of Supervisors Stan Weiner, P.E. Chairman John Cochrane Yice-Chairman Dennis P. Ya.Ro/ SecretarylTreanuer Michael SimtJtJik Svper1lisor 239-4554100 Match 15, 2007 FILE Cbairmanlames Coletta 3301 R T.....i.....i Trail Naples, Florida 34112 Dear Chairman Coletta: The Conservation Collier Laud Acquisition Advisory Committee (CCLAAC) and two m~""'" of 1hc Collier Soil & Water Conscrvation District (CSWCD) met on Mmcl1 12, 2007. TIie meeting was both cordial and infurmative. . During 0111' t1i...........mu, we were able to discover II10le similarities than di1li.~ in our approacbcs to conservatiOn. It was abundAntly clear during our ~"i that 1hc CCLAAC members are filitbfully punuing land acquisition usiug ()rrIinJonNo No. 2002-63; boweYcr, it :was DOted during the pt6p<:rty appraiser's pin l~""" Eo that 1hc per acre price is Ichoadiug to a more realistic wetland mRI'IM value. Our inIent was to infurm CCLAAC about CSWCO's adivities and.to discuss SOIIIC IIlClIS of mutual CXJDCelII: IIlICb as our previoUs request to have a pc:rmaneot II1Ol'IIlOriiun placed on land pmcbases in and adjaceot to the W'11V"1o~ head area. Also, to insure that "'''l'''''1ies are purchased at fiUr market priee; IJJlIIIII8"d and used for storm water retention; restoration of wet IaDds; and use as habitat. Where \XlIISist=t with the Land Devd.opmcot Code, some groUDd should be: modified to protect the health 8Dd safety of ~t1...- and p10perties south and west oftbeae areas. At the present time the Soil &:. Water Conservation District does not have 1hc iDoDey to purchase property in the _ where Conservation Collier bas willing sellers. Sinc:e 1hc market is euaent1y fiwomble to the pun:base of, lands for conserwtioriplllpOllCS, we do not hdapoac. a continued objection. That being said, it is our impression that CXJIIlIC[V8tion arcas should have multiple uses and be IIUIIIllpi IIIIder a geocra1 plan that derives the ~ possible economic beodit for the 1BXplIyer wbile mAinhlinmg the letter and spirit of our COD.SC:l'VlIIion purposes. 14700 Immolwlef! lWad Napln. Florida 34/20 www.C>.Wcd@comcasr.net , ---,-~ P\Qsllda Item r'0o. 10F - f~1ay .22. 2007 Pags 6 of 7 Preservation of IaDd, wbile an huyu.1lu4 consideration, should DOt be the only objective. We must do all in our powe:r to remove the impression that conservation lands may not be subjected to any changes, and/or m..mn.;n~ in a msmn_ that will never afu:r habitat or purpose. This is a concern since the public good may not be best served where otha- uses can be justificcl to WlII7lIIJt a change in policy that tabs advanlage of1eclmology, other: habit, or water mRIVIll"""l'01t ....iv.......eols. ~/ Co ~iJ/~ Py Stan Weiner ChJlinnlln Collia- Soil &; Water Comrervation District cc: Vice Chaimum TomFlI!IIftirog CommissiOD<l' Dooma Fiala ConuuissiomI' PRe! W. Coyle Cnmm;...ioner FraU: Halas County Maaapr James Mudd Chairman WiUilIIn PolIlet, 1r ~ ConscmWon Colliec 2 Item Number: Item Summary: Meeting Date: COLLIER COUNTY EJOAfW Or CourJTY COMMISSiONERS .~'F t..~leWJa ("'('amm, n~;]imr; 18 ap~;mv(1 :1'0", ','iln<::hs:':te' H(<,(j Mult'-::oar,~['1 p'oj':-ct ,1S (; :,eJ:':'?Ny A '-'r~ !'x:! on thf,- c,iIITenl' '~o:'ser','Cl:I0"1 C,;.!iler A~tlve !\cqJi~;ilIG" L"'t a,-Lj;1 ",";:,<:.,--, rOI \!',e :;uunty Ma":il9"r or hie, d,,",sner. t;) ;Jniv"l-,.- l'urSU!; rr[)D"rtle~: wlihm Hli'. p'T')ec "',m~,I(]HH,g - "'l':I~I:.'rl5 prc,'i,w(1 t,y :hr:' E!C),H{1 (,I (';;:;Iil'\, ':,ommISSloner-s arld .:1 riSK 1".( :Jc;tl()" "prr08C.'1 j(-",;eI08,,:-: by slat; (Lf:' P'IUS, ;"J'T1ln,svdlO: f\~lllir:I~:'rati\ic Sel vice,,' ",'S2i:OO~ (! no 'i),1 "-,M Date Prepared By AI~'XJnmaJ.SlJl(,cki ^,_cl'l1InI5\rah'/~ Sf'rvlces SeniOr Enviror1m"nt~1 Sp"e,nlist r""ilil"b M~nH9'''n~nt 519/:'007 e,2t 14 PM D~te Apllrovt'd By SkipCamr:-, C.F_M AClm,n;Slr-i\tivcServices F~cilit,e,. Man~f1"m"nt ,JirectrJr C"cilitiesManape:nenl 5!10i20074.20 PM Dille Approved By Skip Camp, c.r,M Ariminlstr..tive Sprvir.es Filcilit,e" Manag"-menl[),rector F,,<:ilille5Manawm,enl 5!10!2007 4;20 PM Date Approved By Of,;tOiCoord,nilt()r COllnty Manager's Office Aam;r1r5Irat,v"J\5S'Slant OfficI.' of Miln"gement S Budget 5/1112007IU4AM Dnte Approved By L~ura Davisson County M!lnager's Offi".. MiltlJgmnenl[; B""gel An..lyst Off'ceof Maf1i19"""entl: Budget 5111120079;31 AM DMe Apprond By MichJeI $mykow~ki C"cmly Manager'f. Ollie.. ~1"nJnemerl\ &. 8lJdg('t Director tiffin' off,Amwgv'1'lenti: Budget 5'11i20!!74:01 PM Date A[I[lrowd By -Iam~sV, Mudd Board a/County Call1rn,~!',ar,,,rs Count)' M,magl)r County Managp"'~ Office 5:14/21l07 ~!:5:; !IM -,.. ~ Agenda Item NO.1 OG May 22, 2007 Page 1 of 9 .~ EXECUTIVE SUMMARY Recommendation to conduct the Conservation Collier Annual Public Meeting to provide an update on the Program's past activities, to solicit proposals and applications, and to approve the Fifth Cycle Target Protection Areas (TPA) mailing strategy. OBJECTIVE: To gain Board of County Commissioners (Board) approval to conduct the Conservation Collier Annual Public Meeting to provide an update on the Program's past activities for soliciting proposals and applications and also to gain their approval for the Fifth Cycle Target Protection Area (TPA) mailing strategy. Three (3) objectives included in this request are: 1. Update the Board and the public on the Conservation Collier Program's past, current and planned activities pursuant to Conservation Collier Ordinance requirements, 2. Solicit proposals and applications from the public, and 3. Obtain approval for a Fifth Cycle TPA mailing list. CONSIDERATION: 1. Past, Current, and Planned Activities Report: A November 2002 County-wide referendum approved the Conservation Collier Program and authorized the County to issue up to $75,000,000 in bonds to acquire environmentally sensitive properties. In December 2002, the Board of County Commissioners approved Ordinance 2002-63 establishing the Conservation Collier Land Acquisition Program, hired a coordinator, and appointed a nine-member Conservation Collier Land Acquisition Advisory Committee (CCLAAC). A November 2006 County-wide referendum confirmed community support for a .25 mils ad valorem tax funding the Program for 10 years, through 2013. - The CCLAAC and staff have completed four (4) selection and approval cycles. The most recent cycle resulted in a January 23, 2007 Board approval for purchase of a total of approximately 907 acres in 7 project areas. (See attached Map 1). Total approximate appraised and estimated value for approved cycle 4 properties is $22 million, with a little over $1 million of that currently under contract and two offers within the Mcllvane Marsh project area refused. Total cost of land acquisition thus far, representing 3 completed buying cycles is approximately $43.4 million. Adding the expected land costs for cycle 4 of $22 million will result in a total expenditure of approximately $65.4 million. Ten (10) Interim Land Management plans have been prepared and approved by the Board, three Final Management Plans and one Memorandum of Agreement for management by another public agency are now in the development process. Two Preserves (Cocohatchee Creek and Otter Mound) are currently open to the public. Preserve management activities are ongoing for all acquired properties. The proposed objectives of the program's fifth year include: a. Continue to evaluate and select qualified properties and projects b. Secure grant funding wherever possible c. Conduct public meetings for development of first series of Final Management Plans d. Continue management activities for acquired properties e. Amend the Conservation Collier Ordinance and Purchase Policy to facilitate more efficient procedures. - f. Work with other County Departments to coordinate conservation land purchases with other public needs g. Finalize a program manual that defines the Program's process and procedures. ,L\.genja Item NO.1 OG r\'iay 22, 20G 7 P398 2 of 9 2. Solicitation of proposals and applications from the public: At the Board meeting, staff will make a public solicitation for nomination proposals and for property owners to submit applications in the 5th selection and ranking cycle, which is currently underway. 3. Cycle 5 TPA mailing strategy: In the past four property selection cycles, the Board has adopted Resolutions 2003-196, 2004-175, 2005-162 and 2006-122 that implemented the Conservation Collier Land Acquisition Advisory Committee's (CCLAAC) recommendations for Target Protection Areas (TPA) mailing strategies. On April 9, 2007, after recommendation from the Outreach subcommittee, the CCLAAC made recommendations for a 5th cycle TPA mailing strategy (attached as Table 1 and Map 2) and directed staff to bring these recommendations to the Board for approval. The objective for this mailing cycle will be to expand current holdings by soliciting willing sellers from property owners of lands surrounding current preserves. Approval by resolution of these recommendations by the Board will allow staff to move forward with a mailing of interest letters. FISCAL IMPACT: 1. Past, Current and Planned Activities Report: The fiscal impacts of past and current activities are stated above in the Considerations section. Conservation Collier currently has approximately $24 million in funding potential for land acquisition between budgeted land acquisition and reserve funds. The $22 million needed for cycle four will leave approximately $2 million available for any additional purchases (consider Winchester Head and NGGE Unit 53) that may be approved, based on Fiscal Year 2007 funds available for approval. Additional funds may be available for land acquisition in Fiscal Year 2008 after determining the 2007 year-end carryforward. 2. Solicitation of proposals and applications from the public: Fiscal impacts for a public solicitation for proposals and applications will not be known until such proposals or applications have been received and evaluated. 3. Cycle Five TPA mailing list: There are 45 properties included in the cycle five mailing list. The total cost for mailing letters will not exceed $20.00. GROWTH MANAGEMENT IMPACT: Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: Ordinance 2002-63, in section 12.4, requires staff to conduct an annual public meeting for the purposes of providing a Past and Current Activities Report to the Board and to solicit proposals and applications from the public. Additionally, in section 10.3(1-4), a list of Target Protection Areas (TPA) is identified. Section 13.1 provides for update of a TPA mailing list and mailing of interest letters to owners within these areas. Recommendation of a TPA mailing strategy by the CCLAAC for Board approval and resolution falls within this legal framework. RECOMMENDATION: That the Board accepts the Past, Current, and Pianned Activities Report as provided in the Considerations Section as the annual Conservation Collier Report and adopts a Resolution approving the Target Protection Areas mailing strategy for the fifth property selection cycle in the Conservation Collier Program. PREPARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program, Department of Facilities Management 2 Agenda Ilem I~o. 103 l'Aay::2 2007 Page 3 of 9 Map 1. Conservation Collier Acquired and Approved Parcels '!), i$, o '" c, " Railhead Scrup.J ITP,bE Preserve (80.33 ac.) " " Wet W~b,dS if R R Land Tr. Preserve . (26.77 ~i:G (60 ac.) Milano Co~ohatchee (1 .46 ac.) CreekvwJ[>E[ BILT 6[.l<H Preserve z (3.6~ ale)' ~ " CORKSCREVV FD Lee County Sta rnes (367.7 ac.) Vi 1~:M(d/AI. FF ~'~J Red Maple Swam p Preserve (81.251285 ac.) Brochu (9.26 ac.) , Oetting (2.28 ac.) 'f';', rn 'JJ Winchester Head OIL WELL r-m (8.381141 ac.) GOLDEN GATE Bl vn Q ~ m ~ ';I~ \~ :.{/l ~ o " " ;;:: ~ Logan,\Noods Preserve (7.49 ac:) ;;; o .,. Nancy Payton ~ Preserve (65 ac.) W ;.' Fleischmann-North , \ (13 ac.) Collier' Dev. , Corp'; Ii '"+e'i.'r (43.69 ac.). ,,'.I RADIO Ru , " ~.~-- ~ r Legend .. :..,ptier Mound Preserve (1 Karen Parcel (.S8 ac.) .. i ac,) i _ Acquired ConServation Collier Propelties .. A-list.Approved Properties c=J State and Federal Conservation land 2.5 I 5 ,i,' uataSourc[..F'.rcelf-(.oll'e,Coun!\'Frooenj'Af'pr.l5er Co""e",allOnLand,-FNAI Creal€uBy GISICDES/Em'ltonmenlaISe",,,o. C,i(QnS<'",aIlGnC(di""'",,,p'JocqulredpropertleslAcqui'ed&Approved3_2007.''''" a~~tpg ['31e 3D5ffi I o I 10 Miles ~~~}j',ier C~':~~~Y 3 Table 1. Agenda I tem NO.1 OG May 22. 2007 Page 4 of 9 Area Objective Criteria for selection TPA (20) Parcels to add to potential wildlife corridor acquisition hetv./een Florida Undeveloped and directly 1 Panther National Vl"ildlife Refuge and N0I1h connecting to current NGGE Belle Meade AAL B-list properties Total acreage - 79.13 acres (7) Parcels 10 complete acquisition of the Vv'ithin the McIlvane 2 McIlvane marsh area Marsh and adjacent to Non-TPA Total Acreage - 90.45 acres AAL A~list properties (13) Parcels to expand the Nancy Payton Undeveloped - adjoining 3 Preserve the Nancy Payton Non-TPA Total acrca~e - 42.65 acres Preserve (3) Parcels in the Horsepen Slough, :-JGGE unit 42, to acquire 10\\le5t land in NGGE to 4 preserve wetlands and conduct and hold Undeveloped - adjoining NGGE floodwater. the Oetting property Total acreao-e - 5.68 acres (2) Parcels- to expand the Brochu property 5 Undeveloped - adjoining Non-TPA Total acreage - 8.96 acres the Brochu property Total :\umber of parcels targeted - 45 Total acreage targeted - 226.87 acres 4 Map 2. Agenda Item NO.1 OG May 22, 2007 Page 5 of 9 Conservation Collier Cycle 5 Recommended Target Mailing Areas i I Legend c=J Acquiled Lands L------, State and Federal ConserJation lands III Potential Target Mailing Parcels 9< '- ~~..~~ '. o " ,y_LE I S . , '7r' ,. ;-<'~:- ~,;.-------.~- .... ", a 'A' ;fJ, ~:;: s.~;';:,::;;~'~"~:~:,,~;~",:.~7L'~~~~:";~':: I~!~;"Y I (.".t,',v.'OES,".m""m.ot.ISm,,,,IOS - V_' :;";;'N"~""""''''''''I"VOI'MlCC_'V'''"'''.''''''''''''' .0dJp,. c~iii~r County _....._-_._._._._--.-...._----~---" .1 Area 5- Possible Brochu Expansion IM,M ()_~A_L~_SRp~_~___ 1 ~i I .1 ' Area;-4- Possible Expansion of Oetting Parcels ::"1 ; , I ~ I ' o ~ Area 3- Possible Nancy P. Preserve Expansion i , ~--~--'~"- ,- ,.,.... .........m..._.._ _ .~...-......~. ._..__..____.._'"',"_'_...- Area 1- Wildlife corridor-I-75 infill parce's I'€P-D Area 2 Mcllvane Marsh inflll Parcels i .' il IJS'11 5 Item Number: Item Summary: Meeting Date: COLLIER COUI\TY 8)AF,r, ()f. COur;" :<J:,'11,"~:'SU"J[yS "('.1:".,' "I"" Ie; ,",J'" !.""^1'10i(',P ,c,. ,In ,';.L '''f :'i',' ~,. 'I '" r;r:.:r"(j' ,,1- a"" 'Jl;r.'II~~II['I',,' WF: tc ""'iilh '-i'" ''',',,'~'I ;.c, .' 1'3 ,<;y ,'" "~-'~ '(~'I';" "'"," ,1" '.~ ,v "M ~','1(C I"-cpareu B)' J",.'~a"(1,a: SlliC~k; '<':'I,JrW,lr"!I'J'.O'V,." C5 Su "" E"'-"l;rC"""l'nl": Snc-"",;'st ':a,', """"r,'I'."")(J("IH''l' ~" :'nu? I 5,,,29 PM '\pproved B)' DJtc r~My fH~d f<'_H"n:.i:r.,lIv", Sc' ',,:es l~t'~"ltv':' s['~'Pt~ry ,~d"'l' ',' :r::t,,,,, Sc'" fe'., ~""'r;n ;,.,":,,',00711";: [,M :-"'-il~ Approved Ur ;~eli',~~ h""''i19 ;"jn,inl~tr'H--I(' S, ",'ee!. "'NI ""n,,mt~'SPQC'''I',t ':"CII", 'J''''(n'''''.'lt ~i1:li20J7 8.27 i M [Jale AppruH'uBy Si<,pCamp. C_F.M l,nm"W;1r"tiv(.'Sr;r"'(,,-,S r a(;;'liu~ r,jana~ern(.'t1t O"u:tor '-"_,I':I",,'I'''''''!1''',,,(,r;t :,~f..!2(l()? ~24 PM '\pproveu B}' D"le Shl' ':;""'v C.F M ;,<Jm,m:.;trallveSc ,.,"e5 F'-ILjl;li~.~ r.1anaw.-m'O,./ Director ;ii," r.1a;r:l(W'" ,1 ,.'1:l,'2UJ74:24 PM [j,,:e AppnlHu B}' ,):"-'B C:>ordlnJtm c." 'lnt.,- r,~ .c. n<J (lC' ,-,If I CP i-\('"",.'.tc"ij-./c{.\:-,'; "nt 'If'__;.C '-"",,:t,'rw't-,\uriJH S!:',;:OCl78HI,M CJMe Approved II}' :"aurJ D~,,,;S,,C"l :, (; """y r,~" t1.' n' , " ()~.~, crc ":'-<"-'\\)" "~.,,t '" c'"'''':.I'-': :''';''\'~t '"<-""c."',,,,;on,,,,,("" t, [i',,, ,,,I ",.: 1:~,\G7 '(,07 i;r:, ,'I!e ApprOHdB}' ,.-, ~'twC': ,-,"'vi<o" .,",t,.r,\c.n,"":f' r)trlce nil '''.' 11', ,1 & [j ,,(: ('",l C.; r" ~~ 'J' c),'-,c{-,,' "",),,"')>')11: &. [0 '1"\ ~'l.'~O(\,' -", ,c.M -;~l~ '\"pro'cu n~ .;a!11~S V. f'..-'",rj(1 Co,,"'o'':cutHy (;cmrHl"r;,v,C"s Sou"t, ~:,~n, ,,~r C-,unt.., 1';''''119",-',,'iIICC ~'-,~~007 f, 37 f,M Page I of I ',f; Aoenda Item No.1 OG - May 22. 2007 Page 7 of 9 RESOLUTION NO. 2007-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF COLLIER, FLORlDA, APPROVING A TARGET PROTECTION AREA MAILING STRATEGY FOR THE CONSERVATION COLLIER LAND ACQUISIT10N PROGRAM'S F1FTH PROPERTY SELECTION CYCLE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has recognized the need to plan for future growth and has initiated a long-term program, known as Conservation Co llier, to acquire, protect, restore and manage environmentally sensitive lands in perpetuity and to provide public open space for the benefit of present and future generations; and WHEREAS, the Conservation Collier Program includes identification and protection of Collier County's natural resources, including upland and wetland communities, native plant communities, endemic species, endangered species habitat, water resources, and aesthetic or other natural features; and WHEREAS, protected lands include those that provide appropriate natural resource-based recreational and educational opportunities, protect local water resources, provide flood control; and WHEREAS, the Conservation Collier Implementation Ordinance (hereafter referred to as "Ordinance No. 2002-63" has described Target Protection Areas (TPAs); and WHEREAS, Section 13 (I) of Ordinance No. 2002-63 provides that county staff will send letters of inquiry to all property owners within these Target Protection Areas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION I. Findings It is found and declarcd that: (A) The cost of a mailing of letters to all remaining property owners within all Target Protection Areas will be approximately $40,000, as opposed to $20 for a proposed fifth cycle mailing to criteria-based properties from identified Target Protection Areas and other areas that meet program goals and criteria. (B) Many undeveloped properties within Target Protection Areas are small lots within established subdivisions and would not be appropriate for acquisition by Conservation Collier. ,!o,:Jenda Item f\~o 10'3 ~ i\f;ay 22. "2007 Pags 8 Df 9 (C) Using estimated rates of return of positive interest generated by property owner interest letters in previous selection cycles, it has been detennined that mailing 45 interest letters will result in approximately 2 parcels for review and ranking on the Active Acquisition List. Staff anticipates some additional number of Dwner and public nominations as well. (D) There has been an Outreach Subcommittee recommendation that was unanimously approved by CCLAAC on April 9, 2007, endorsing a strategy for a targeted mailing outreach effort. This strategy is to more specifically target lands that are likely to contain high quality environmental resources and to enlarge current land holdings. (E) The CCLAAC is authorized by Ordinance No. 2002-63 to recommend an update to the Target Protection Areas List and selection strategy to the Board of County Commissioners to fulfill the purposes of the Conservation Collier Program. (F) This resolution is adopted pursuant to applicable provisions of law. SECTION II. Be it also resolved that Collier County Board Df Countv Commissioners adopt the following fifth-cvcle Target Protection Areas mailing strategv: ]. Staff shall send 45 interest inquiry letters to owners of undeveloped properties within the following areas: Area Objective Criteria for TPA selection (20) Parcels to add to potential wildlife Undeveloped and ] corridor acquisition bet"veen Florida directly connecting NGGE Panther National Wildlife Refuge and to current AAL B- North Belle Meade list properties Total acreae:e ~ 79.13 acres Within the Mcllvane (7) Parcels to complete acquisition of the Marsh and adjacent Non-TPA 2 f\.1dlvane marsh area Total Acreage - 90.45 acres to AAL A-list properties (13) Parcels to expand the Nancy Payton Undeveloped - 3 Preserve adjoining the Nancy Non-TPA Total acreage - 42.65 acres Payton Preserve (3) Parcels in the Horsepen Slough, Undeveloped - NGGE unit 42, to acquire 100vcst land in 4 NGGE to preserve wetlands and conduct adjoining the ",GGE and hold floodwater. Oetting property Total acreae:e - 5.68 acres (2) Parcels- to expand the Brochu Undeveloped ~ 5 property adjoining the Non-TPA Total acreage - 8.96 acres Brochu property Total Number of parcels targeted 45 Total acreape tar~eted - 226.87 acres 2 Agenda Item No. 10G May 22, 2007 Page 9 of 9 SECTION III. Effective Date. This Resolution adopted and made effective this 22nd day of May 2007, after motion, second and majority vote fa vOTing same. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Jim Coletta, Chairman Approved as to form and legal sufficiency: By: 3 Agenda Item No. 10H May 22, 2007 Page 1 of 28 - EXECUTIVE SUMMARY Recommendation to enter into a supplemental agreement with the South Florida Water Management District (SFWMD) related to a September 23, 2003 agreement that conveys or causes to be conveyed at no cost to Collier County fee simple interest to 640 contiguous acres, more or less, for Off Highway Vehiele (OHV) Use and approve any and all budget amendments deemed necessary in association with this action OBJECTIVE: To approve a Supplemental Agreement with the South Florida Water Management District that further delineates the obligations of the District under the 2003 Agreement to convey 640 acres for OHV and passive recreational uses and provides conditions upon which Collier County is willing to accept the Lake Trafford site as satisfaction of this obligation. CONSIDERATION: - South Florida Water Management District ("District") and Collier County, along with the Board of Trustees of the Internal Improvement Trust Fund, entered into an Agreement on September 23, 2003 whereby the District agreed to convey 640 contiguous acres to Collier County for recreational use, including OHV use, in consideration for the vacation of platted roadways in the Southem Golden Gate Estates lands and the release of any public easement rights in Janes Scenic Drive and Miller Boulevard Extension. This conveyance was to take place by October I, 2005, and was intended to replace the land lost by virtue of the County's vacation of these roadways. In 2005, the District proposed the Lake Trafford site, which is approximately 625 acres currently being used by the District for the placement of dredged material from Lake Trafford. The site was rejected by the County. At a joint meeting on January la, 2007 between the Collier County Board of County Conmlissioners and the SFWMD Governing Board the parties proposed resolution of this dispute based on the following: L In fulfillment of its obligation to convey fee simple interest to approximately 640 acres suitable for recreational OHV use and passive recreation, pursuant to the 2003 Agreement, the District would transfer good and marketable title to the Lake Trafford site after completion of the Lake Trafford dredging project and after remediation of the site in accordance with state and federal standards for its intended use. ,-- 2. Upon the completion of the Lake Trafford dredging restoration project, the District would pelmit and construct the necessary e311hwork on the Lake Trafford site consistent with the conceptual site plan entitled, "South Florida Water Management District Potential OHV Park Land" previously prepared by George Fogg (IBIS Consulting) on September 1,2006 (see Exhibit D* to Supplemental J\gsnda !tern No.1 OH May 22, 2007 Page 2 of 28 Agreement). ;, [The attached Agreement provides for the conveyance of the Lake Trafford site after proper remediation of the site and completion of the site earthwork consistent with the proposed conceptual plan. The District will pay for the design, permitting and completion of the initial site preparation consistent with the conceptual site plan. The District will provide the County with all plans for County approval before commencement of work. Paragraph 5 also provides County with opportunity to conduct its own investigation prior to acceptance conveyance ofthe site). 3. The District would **]ease approximately ]50 acres of land in Collier County to be utilized by the County as an interim recreational ATV site. The District would provide this temporary site to Collier County until the Lake Trafford site is made available to Collier County for permanent use. In addition the District would fund the County's operational expenses of this temporary site. ;'*[The District and Alico, Inc. has entered into an annual lease agreement that provides for A TV use on approximately 150 acres. The lease commences on July 1, 2007 and allows for ATV use three weekends a month, including 3-day holiday weekends, during the hours of 8:00 a.m. to 7:00 pm. The Lease provides for one additional year renewal. The lease is Exhibit B to the attached Supplemental Agreement. The Snpplemental Agreement provides further that the District will pay the rent and cover all costs incurred by the County for the operation and maintenance of this interim site, including capital start-up expenses. Distl'ict is responsible for the restoration of the leased property upon termination of tbe Lease. Finally in the event the District is unable to provide this interim site until such time as the Lake Trafford site has been accepted by the County and is ready for public use, the County will be entitled to the fair market rental value of the interim site on a monthly basis until the Lake Trafford site is ready. County staff will be responsible for operating this site and must prepare a Management Plan that conforms to the requirements of this lease]. 4. The District also agreed to assist the County in providing a ***public boat ramp site in Collier County. ***[The attached Agreement provides that the District will assist the County in acquiring a boat ramp for public use within Collier County, but provides that the District may meet this obligation by making a financial contribution.] Attached is a proposed Supplemental Agreement that reflects this understanding. Agenda Item r'>io,10H I!:ay 22, 2007 ~)age 3 of 28 LEGAL CONSlDER.\TlON: The proposed agreement amends and supplements the eXlstmg September 2003 Agreement between the State, the District and the County as it relates to the District's obligation to convey 640 acres of land. The Supplemental Agreement also provides a clarification regarding the State's obligation under Paragraph 8 of the 2003 Agreement to maintain the roadways and provide access within those areas identified therein. All other provisions of the 2003 Agrecment remain in force and effcct. By approving this Supplemental Agrcement, the County agrees to accept the previously proposed Lake Trafford site provided the conditions contained in the Supplemental Agreement have been met. FISCAL IMPACT: SFWMD has agreed to provide up to $75,000 for initial start up costs associated with the leased site. Thereafter SFWMD will pay expenses annually based upon actual costs. The SFWMD will pay for all pennitting, design and earthwork costs associated with the Lake Trafford site and will pay for all remediation necessary at the Lake Trafford site. Finally, SFWMD has indicated as part ofthis agreement will assist the County in acquiring a boat ramp in Collier County for public use. Recognizing that the acquisition of waterfront land through voluntary sale may be extremely difficult SFWMD has agreed that this obligation can be met by a monetary contribution to the County in the amount of $585,000. GROWTH MANAGEMENT IMPACT: The permanent Lake Trafford site will be inventoried in the Growth Management Plan. RECOMMENDA T10N(s): That the Board of County Commissioners: I. Approve the Supplemental Agreement and authorize the Chairman to execute; and Authorize staff to take those actions necessary to meet the obligations contemplated by the telms of this Supplemental Agreement; and Authorize the acceptance and recording of the warranty deed to the Lake Trafford site, subject to review and approval by the County Attorney's Office and after all conditions set forth in the Supplemental Agreement have been met. Approve any and all budget amendments deemed necessary in association with these actions. 2. 3. 4. Prepared by: Barry Willian1s, Parks and Recreation Director and Ellen Chadwell, Assistant County Attorney Page 1 of I t\g'_mdi\ I~uy, }:O r '1!,H ~'1C1,' <,L, "Ou7 r'dU" /1 of 23 COLLIER COVNTY BOARD or COUNTY CUW.~IS:-;IOt,jERS Item Number: ")1-1 Item Summary: F;:~,,,(Jnlm"IlDatlon ',0 "r,ter 111\0 <1 s"rmlelTlental a~reemi,'nt V!lt" tn~: SOutl1 F!nr:de '-/','3Ier ~,..."r',l;qHTWr,: r;I~;mc i2F'v\-'MD) ffil<1',ed iO:J ;,ertelllbe- 23 :::cn2 ;~gr""elTlfr;: :i';;J: ccrw'JVs DC ':iJ L;ses Ie De :onv'eyed ill nu <:C'~;t to c.: Dill e' :::()U!l1 y ie'O 0 I <11 :)Ie In~(" rest h, b40 CO!lI: gl.IOllS ,"]crr"~ rn:,ll'C GI les,', tor OJ! HI[lhwJy I/nh,c.le :(lr-:\', US" Cl'l8 ann()ve ,my d: d a' llw:Det II11'CI'ICjC'It"l\!', <1",,""'<(';) 'WC8SS3',/ I' i,i~_~JKI'-':I()n v,.-Itn r'-:~ a,l,on 'M:.:r-IJ F:zW'1 ,,v ,\Jnvw,l: ',to", f"u~!IIC See'Jlce,\. Meeting Date; 1',,'LC(;\i, 8~JO OC:,M Prepareu R}' Barry Williams DIrector Date hmlicScrv,ces P"rk,.."ndhccre"\lOn 5/S,'2D07 3.4211 PM Approv<,d By B"rrvViiliJ.W1S Director D~te Public Services ParkS<lm! r~eq"ntlon !\lSiIOG7345PM Allpron'u D}' MarlaRam~,.,y PublicSer"icf!S Administrator DaHl PUblic 5e,vi"es Public Servicec"Admm 5!1n:::00711:59t,M ApproVl.'d By DMBCoordiFlntor AJmlll!strati'l" ASSls:,,,,t Dilte Count\' Manager',.. Offic!" Office of M"na~l'm"'"1 & Budgct 5111.'2007 8e20 t.M Aflflrnvcd Uy Mi~h<le' Smykows~j Management & Bl-IdgetDi,cctor Date COUfll\' M<ln~gcr'~ Office Office of M<m~qeml;f1t & B"dgat 5111:2007 i2:0(;PM Approved By J~rrnsV, Mudd ::cunt,. M~n<lg0r Date Bc~rd of County C",m!\, M"n~g"r'5 [,(fica 5I16120GTeS5Ar" Commissioners .t\Jenda item ~,jo, 10H - r\~ay ::2 2007 F'age 5 of 28 SUPPLEMENTAL AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY This SUPPLEMENTAL AGREEMENT is made and entered into this day of . 2007, by and between Collier County, a political subdivision of the State of Florida (hereinafter "COUNTY") andJhe South Florida Water Management District, an agency of the State of Florida (hereinafter "District"). WITNESSETH WHEREAS, on October 8,2003, COUNTY, the Board of Trustees of the Internal Improvement Trust Fund and District entered into an Agreement ("2003 Agreement") that provided, inter alia, that District and lor Big Cypress Basin. a subdistrict of District, conveyor cause to be conveyed, at no cost to COUNTY, fee simple interest to 640 contiguous acres, more or less, no later than October 1. 2005; and WHEREAS, District has tendered a site to meet this obligation known as the Lake Trafford site, which site is currently unavailable for use and which COUNTY has rejected as unsuitable; and WHEREAS, on January 10, 2007. a Joint Meeting was held in Naples, Florida, between the governing boards of COUNTY and District in accordance with Chapter 164. Florida Statutes, in an attempt to resolve this dispute over the 640 acre obligation and District proposed providing an interim site until such time as the Lake Trafford site can be prepared and rendered suitable for COUNTY's proposed OHV use; and WHEREAS, as a consequence of the discussions had at the Joint Meeting, District has leased approximately 150 acres of land from Alico in Collier County, -, Agreement Between the South Florida Waler Management District and Collier County Page 20fB Agenda Item NO.1 OH May 22, 2007 Page 6 of 28 generally depicted in Exhibit "A" attached hereto (hereinafter "Interim Site"). to be utilized by Collier County as an interim temporary recreational A TV site until the Lake Trafford site can be made available by District; and WHEREAS. the lease, a copy of which is attached hereto as Exhibit "B" (hereinafter "Lease"). provides that the site can be operated for ATV use during daylight hours at least three (3) weekends a month year round, with the ability to extend those days of operation with Alico's consent; and WHEREAS, COUNTY and District recognize that the State of Florida Division of Forestry, rather than the District, will be responsible for the maintenance of the project area, as defined in the 2003 Agreement, and seek to amend the 2003 Agreement accordingly; and NOW, THEREFORE, in consideration of the mutual benefrts derived herefrom, the parties agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein as if set forth verbatim. 2. The District will provide the Interim Site as a temporary ATV site to COUNTY until such time as the Lake Trafford site has been accepted by COUNTY and is ready for public use. COUNTY'S acceptance shall not be unreasonably withheld and COUNTY shall accept the Lake Trafford site when it is suitable for ATV use. COUNTY shall be required to operate, manage, and maintain the Interim Site and shall submit a management plan to the District for review and approval which is consistent with the terms of the lease. The District shall have no responsibility for safety with respect to the operation of ATVs. the use of the Interim Site by the public, COUNTY, contractors or Agreement Between the South Florida Water Management District and Collier County Page 30f8 .!"'Jf;lida Item r-Jo. 1 :;H J 1'"':8\1 22. 2007 Pa'ge 7 Df 28 any others and the operation, management and maintenance of the site/property. That is, COUNTY shall have sole responsibility for managing, maintaining and operating the Interim Site with respect to any and all safety issues and in accordance with the provisions of the management plan and the Lease. All personnel shall be employees, agents or representatives of the COUNTY, and complete responsibility and liability for the supervision of the onsite personnel shall be with COUNTY. 3. The District shall pay the rent and all charges and fees required by the lease, including the cost of any land restoration upon termination of the lease, and all costs incurred by COUNTY for the operation and maintenance of the Interim Site (excluding any costs, damages, attorneys fees, liabilities or judgments, arising out of or related to any personal injuries, deaths, or personal property damage). To that end District will pay COUNTY, within thirty (30) days of the effective date of this Supplemental Agreement an advance payment of $75,000 to be applied to COUNTY's initial start up costs and operating expenses. The District shall reimburse COUNTY annually for the actual costs incurred by COUNTY to manage the site consistent with the management plan and the Lease, which costs shall include, but not be limited to, staff training, equipment, capital start-up expenses. operating expenses, security measures and personnel expenses. Reimbursement shall be made by District at the end of its fiscal year (September 30th), provided COUNTY has provided District with an accounting of said expenses in accordance herewith. District will be credited for the advance payment of $75,000. An example of the type and estimated cost of reimbursable start-up and operating costs intended by the parties is in a table attached hereto as Exhibit C. All .. Agreement Between the South Florida Water Management District and Collier County Page 4 of 8 Agenda Item t\Jo. 10H May 22, 2007 Page 8 of 28 fiscal records shall be maintained by COUNTY pursuant to generally accepted accounting standards, and other records shall be maintained to the extent necessary to clearly reflect actions taken. District and its authorized representative will have access to COUNTY records for the purpose of conducting audits and examinations and making copies and transcripts. All records shall be retained and kept accessible for at least three years following the final payment made under this Supplemental Agreement or all . pending matters are closed, which ever is later. 4. Upon the completion of the Lake Trafford dredging restoration project, the District will, at its sole cost, design and permit the initial site preparation for the Lake Trafford site consistent with the conceptual site plan entitled. "South Florida Water Management District Potential OHV Park Land" previously prepared by George Fogg (IBIS Consulting) on September 1, 2006 and attached hereto as Exhibit "D" ("Conceptual Site Plan"). In addition to the permitting and design. District shall pay for and perform all necessary earthwork ("Improvements") to prepare the site in accordance with the Conceptual Site Plan and all local, state and federal regulations. All Improvements. however, will be subject to COUNTY's approval, and District shall provide COUNTY with all proposed plans for the Improvements and obtain COUNTY's approval before commencement of work. 5. The District shall also perform all remediation necessary for the Lake Trafford site to be suitable for recreational OHV use and passive recreation as acceptable to the federal and State of Florida Department of Environmental Protection (DEP) applicable standards or site specific risk assessment/corrective action values acceptable to FDEP and consistent with the Conceptual Site Plan. Upon completion of . item No. 1(}H ~ ~ - . 'I" """"c 7 i\r":J)'':'''L ':-':)r! Page 9 0: ..:8 Agreement Between the South Florida Water Management Oismet and Collier County Page 50fB the provisions in this numbered paragraph, the District shall provide COUNTY with written notice of satisfactory completion of the Improvements and remediation and copies of all environmental reports and soil samplings. COUNTY shall have sixty (60) days within which to conduct its own investigation and property inspection in order to verify the fitness of the Lake Trafford site for its intended use and compliance with Paragraphs 4 and 5 herein, and District will provide COUNTY with access to the site for this purpose. The COUNTY shall notify District within this time period of any objection to title or its objection to the physical condition of the Lake Trafford site as either not conforming with the approved plans as provided in Paragraph 4 or failing to have been remediated as provided herein. Failure of COUNTY to provide District with written notice of its objection within this time period shall be deemed an acceptance of the site. If no objection is made. District shall convey title to the Lake Trafford site by Quitclaim Deed to COUNTY. 6. If the COUNTY notifieS District of a proper objection in accordance with paragraph five (5) (hereinafter "objection"), District shall use its best efforts to correct COUNTY's objection to the Lake Trafford site. If District fails to correct the objection after sixty (60) days, then COUNTY, at its election, may undertake its own efforts to remedy the objection at District's expense and delay acceptance of the Lake Trafford site until such time as the objection is remedied and the expense of such remedial action paid in full by District, or may refuse acceptance of the site. 7. The District will assist the COUNTY in acquiring a boat ramp in Collier County for public use. Recognizing that the acquisition of waterfront land through voluntary sale may be extremely difficult and significantly over-priced, the parties agree Agreement Between the South Florida Wal8r Management District and Collier County Page 6 of 8 A.genda Item NO.1 OH May 22, 2007 Page 10 of 28 that this obligation can be met by DISTRICT with a monetary contribution to COUNTY in the amount of $ 585,000. 8. The District will have no affirmative obligation under the October 2003 Agreement (2003 Agreement) between the District, the County, and the Board of Trustees of the Internal Improvement Trust Fund (Trustees) to maintain the roadways and/or provide access in Picayune Strand and the areas identified in the 2003 Agreement. It is the intent of the parties as represented in previous Chapter 164 discussions with counsel for the Board of Trustees that the State of Florida Division of Forestry (DOF) shall have the sole responsibility for the maintenance of the roads and the providing of access in Picayune Strand and areas referenced in the 2003 Agreement. 9. It is the intent of District and COUNTY to be bound by the terms of this Agreement and any terms of this Agreement that conflict with the October 2003 Agreement shall be deemed to supersede and replace in their totality the conflicting terms of the 2003 Agreement. 10. However, since the Trustees were a signator to the 2003 Agreement, it is the intent of District and COUNTY to enter into a written agreement with the Trustees whereby the Trustees formally confirm their understanding of this modification of the terms of the 2003 Agreement consistent with the terms set forth herein. Both the District and County agree to cooperate and communicate with DEP to property effectuate DEP and/or Trustee's approval of this road maintenance/access modification provision. , Agreement Between the South Florida Water Management District and Collier County Page 7 of 8 L\;j::<Kia item hJo. 1 O,~ f,!~ay 22. 20D7 Page 11 of 28 11. In the event District defaults under Paragraph 2 of this Supplemental Agreement, COUNTY shall be entitled to the fair market rental value of the Interim Site, on a monthly basis until such time as the Lake Trafford site is suitable for ATV use or has been accepted by COUNTY. In the event the Alico lease is terminated prior to the Lake Trafford site being accepted by the County, the District will exercise its best efforts to promptly provide a comparable alternative interim site and the District and County shall have the same obligations relative to the interim site referenced in this agreement If District is unable to extend the Alico lease or provide an alternative interim site until such time as the Lake Trafford site is accepted by COUNTY but does otherwise tender the Lake Trafford site in compliance herewith, the District shall pay to COUNTY the fair market rental value of the Interim Site as provided herein. 12, The effective date of this Supplemental Agreement is the date this document is executed by the last signing party. 13. COUNTY intends to pursue zoning approval for the proposed OHV use of the Lake Trafford site in advance of its acceptance by COUNTY. District agrees to cooperate with COUNTY in this endeavor, including. but not limited to, providing written consents where needed, sharing all environmental reports about the property, providing access to the site, and the like. Moreover, the parties agree to cooperate with each other and undertake any action deemed reasonably necessary to facilitate the performance of the mutual obligations contained herein SOUTH FLORIDA WATER MANAGEMENT DISTRICT, By Its Governing Board Agreement Between the South Florida Water Management Dismet and Collier County Page 8 of 8 Agenda Item NO.1 OH May 22, 2007 Page 12 ot 28 ATTEST: By: Kevin McCarty, Chairman District Clerk (SEAL) Date: Form Approved By: South Florida Water Management District Counsel Date: COLLIER COUNTY, By its Board of County Commissioners ATTEST: By: , Chairman Deputy Clerk (SEAL) Date: Approved as to Form and Legal Sufficiency By: Assistant County Attomey Date: Item ~XffiBIT B ,iAay 22. 2007 fag'L t'f AS", F: Contract No. LEASE AGREEMENT . _.,,-,. ,..~..~. ~ ,. .., r- [Q)mJjlj?U' \ ~. ,___ -,~.~-",J ......... -- BETWEEN THE ALICO, INC. AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT This LEASE AGREEMENT ("LEASE"), is entered into this _ day of .2007, by and between "the Parties," and ALICO, INC., a corporation of the State of Florida, with its principal office at 640 Main Street, LaBelle, Florida 33935 (the "LESSOR"), and the SOUTH FLORIDA WATER MANAGEMENT DISTRICT. a public corporation of the State of Florida., with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm Beach Florida 33416-4680 (the "LESSEE"). WITNESSETH: WHEREAS, the LESSOR holds title to certain lands containing 150 acres, more or less, as shown in Exhibit "A" attached hereto and incorporated herein by reference (the "Premises"); and WHEREAS, the LESSEE desires to lease the Premises for the pnrposes of establishing a public all terrain vehicle CATV") recreational facility to be operated and managed by Collier County; and WHEREAS, the LESSEE is empowered to enter into contracts with public agencies, private corporations or other persons, pursuant to Section 373.083(1), Florida Statutes; WHEREAS, the LESSOR is amenable to leasing the Premises for pnrposes of providing a public outdoor ATV recreational facility; and NOW THEREFORE, in consideration of the duties, responsibilities, obligations and covenants herein contained to be kept and performed by the LESSEE, the LESSOR does hereby lease to the LESSEE the Premises in accordance with the following terms, conditions, covenants and provisions: L DESCRIPTION OF PREMISES: The property subject to this LEASE is situated in the County of Collier, State of Florida and is more particularly shown in Exhibit "A" attached hereto and hereinafter called the "Premises". """ Agenda item ~jo. 10H May 22, 2007 Page 14 of 28 2. TERM: The term of this LEASE (the "Lease Term") shall be for a period of one (I) year, commencing on July I, 2007 (the "Commencement Date") and ending on June 30, 2008 (the "Expiration Date"), unless sooner terminated pursuant to the provisions ofthis LEASE. For Ten Dollars ($10.00) consideration, the receipt and sufficiency of which is hereby acknowledged as part of the fIrst Rent payment made hereunder, and provided LESSEE has not defaulted under any terms, conditions, covenants or provisions of this LEASE, and further provided this LEASE has not been terminated pursuant to any other provision of the LEASE, then LESSEE shall have the option to renew the Lease Term for one (1) additional one (I) year consecutive lease term (the "Renewal Lease Term''), provided LESSOR receives from LESSEE written notice of LESSEE's exercise of LESSEE's option to renew no later than one hundred eighty (180) days prior to the expiration date of the Lease Term. In the event LESSEE properly exercises its option to renew this LEASE, then the expiration date shall be extended for a period of one year. In the event LESSEE fails to exercise its option to extend for the Renewal Lease Term or fails to properly or timely exercise its option to extend for the Renewal Lease Term, the LESSEE shall automatically be deemed to have waived its right to extend the Lease Term for the Renewal Lease Term, unless otherwise allowed by LESSOR All terms, conditions, covenants and conditions of this LEASE shall apply during the Renewal Lease Term, if applicable. 3. PURPOSE: This LEASE is to provide a site for the establishment of a public outdoor ATV recreational facility. The Premises shall be managed by Collier County (the "County") which shall also be solely responsible for the operation and maintenance of the facility. The facility shall be open for public use during daylight hours only (after 8 :00 am. and before 7 :00 p.m.) three weekends per month. For purposes of this LEASE, "weekend" shall be defined as Saturday, Sunday and extended national holiday weekends which include either a Monday or Friday, such as Labor Day or Memorial Day weekend. The Parties acknowledge and agree that the hours per day and/or number of days per month that the Premises are open for public use may not be increased or revised without the prior written consent of LESSOR, which consent will not be umeasonably withheld. LESSOR agrees that it will consider an enlargement of these hours of operation after the initial term of the Lease. LESSEE shall provide, or cause to be provided, on site management during all times that the Premises is open for public ATV use. In addition, LESSEE shall also require all ATV's entering the Premises to be equipped with GPS tracking devices to enable LESSEE or the County, as manager of the Premises, to monitor the ATVs to insure they do not enter those environmentally sensitive portions of the Premises which are depicted generally on Exhibit "A," or adjacent properties, closed to public recreational A TV use. 4. RENT: As consideration for the rights conferred upon the LESSEE by the LESSOR pursuant to this LEASE, the LESSEE shall pay to the LESSOR a yearly rental in the amount of Eighteen Thousand Dollars ($18,000.00) ("Rent"); together with all applicable sales and use taxes. The fIrst payment of Rent shall due on the Commencement Date and all subsequent Rent payments shall be due on the anniversary date thereof through the expiration or earlier termination of the Lease Term, including the Renewal Lease Term, if applicable. All applicable sales and use taxes shall be added to the Rent payments during the Lease Term and shall be paid to the LESSOR by the LESSEE. .' . 'H ..... ., '@fJliJ?71 ' ; .0-." "_'_..__.~, '~'." .. ----........- ,.,../ 2 /\;:;snja ,tem f~Q, 10H - r\flay 22. 2007 ?ag8 ',5 of =8 5. QUIET ENJOYMENT AND RlGHT OF USE: LESSEE and its employees, contractors and agents shall have the right of ingress and egress to, from and upon the Premises for all purposes necessary for the full quiet enjoyment by said LESSEE of the rights conveyed herein. 6. UNAUTHORlZED USE: LESSEE shall, through its agents, employees and contractors, prevent the unauthorized use of the Premises or any use thereof not in conformance with this LEASE. LESSEE acknowledges and agrees that this LEASE does not give LESSEE any right or interest in or to any lands owned by LESSOR beyond the Premises as identified in Exhibit "A" attached hereto. 7. RlGHT OF INSPECTION: LESSOR or its duly authorized agents shall have the right at any and all times to inspect the Premises and the works and operations thereon of LESSEE, in any matter pertaining to this LEASE. 8. LIABILITY/INSURANCE: The LESSEE warrants and represents that it is self-funded for Worker's Compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the LESSEE's officers, employees, servants and agents while acting within the scope of their employment during performance under this LEASE. The LESSEE and the LESSOR further agree that nothing contained herein shall be construed or interpreted as (I) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; (3) a waiver, express or implied, of LESSEE's sovereign immunity of the beyond the waiver provided in Section 768.28, Florida Statutes; or (4) a waiver, express or implied, of the limitations of LESSEE's liability provided in Section 373.1395, Florida Statutes. In the event the LESSEE subcontracts any part or all of the work hereunder to any non- governmental third party, the LESSEE shall require each and every subcontractor to identify the LESSOR as an additional insured on all insurance policies as required by the LESSEE. Any contract awarded by the LESSEE for work under this LEASE shall include a provision whereby the LESSEE's nongovernmental subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the LESSOR hannless from all damages arising in connection with the LESSEE's subcontract. For value received, which is hereby acknowledged, LESSOR shall indemnify and hold LESSEE, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by LESSOR, its sublessees, agents, assigns, invitces, or employees in connection with this LEASE. This para~,'raph 8 shall survive the expiration or termination of the LEASE. 9. SURRENDER OF PREMISES: Upon termination or expiration of this LEASE, LESSEE shall surrender the Premises to LESSOR In the event no further use of the Premises "' 3 r-@ffJliJ?U ' l .' -~,~,,--, j Agenda Item No. 10'1 I~av 22, 2007 Page 16 ot 28 or any part thereof is needed, written notification shall be made to LESSOR, at least sixty (60) days prior to the release of all or any part of the Premises. Notification shall include this LEASE number and an explanation of the release, including a description of the portion of the Premises to be released if a partial release is requested by LESSEE. The release shall only be valid if approved by LESSOR through execution of a partial release or termination, as applicable, of lease instrument with the same formality as this LEASE. On or before commencing construction of any improvements on the Premises, LESSEE, at its sole cost and expense, shall conduct an assessment of the Premises, including photographing the Premises, to establish the condition of the Premises prior to the construction of any improvements by LESSEE (the "Assessment"). LESSEE shall provide a copy of the Assessment to LESSOR prior to commencing construction. Upon release of all or any part of the Premises from this LEASE or upon expiration or termination of this LEASE, all permanent improvements, including both physical structures and modifications to the Premises, shall become the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the expense of LESSEE. The decision to retain any improvements upon termination of this LEASE shall be at LESSOR sole discretion. Prior to surrender of all or any part of the Premises, a representative of LESSOR shall perform an on-site inspection and the keys to any buildings on the Premises shall be turned over to LESSOR. Prior to the expiration or earlier termination of the LEASE, LESSEE shall use its best efforts to return the Premises, or cause the Premises to be returned, to the condition in which it existed as of the Commencement Date of this LEASE, as described in the Assessment, provided, LESSOR does not otherwise request LESSEE to allow leave intact some or all improvements made to the Premises during the Lease Term, including the Lease Term Renewal, if applicable, as provided in paragraph 12 hereinbelow. In the event LESSEE does not return the Premises, or cause the Premises to be returned, to the condition in which it existed as of the Commencement Date, as described in the Assessment, prior to the expiration or earlier termination of the LEASE, LESSEE may remain on the Premises for not more than one year after the expiration or earlier termination of the initial Lease Term or the Renewal Period, as applicable for the sole purpose of returning the Premises to the condition described in the Assessment. Said additional one year period of occupancy shall hereinafter be referred to as the "Remediation Term". As consideration for LESSEE's occupancy of the Premises during the Remediation Term, LESSEE shall pay LESSOR additional Rent in the amount $18,000.00, together with all applicable sales and use taxes, with said rental payment due on or before the expiration or earlier termination date of the Lease Term or the Renewal Term, as applicable. In the event LESSEE completes the remediation and vacates tbe Premises prior to the expiration of the Remediation Term, LESSOR shall return to LESSEE a prorata share of the rental fee paid by LESSEE for such period, based on the ratio of the number of days remaining in the Remediation Term. During the Remediation Term, the Parties shall remain responsible for all other terms and conditions relative to LESSEE's occupancy of the Premises set forth in this LEASE; provided, however, that all use of the Premises as a public ATV recreational facility shall cease as of the expiration or earlier termination of the Lease Term or the Renewal Term, as applicable, and LESSEE's use of the Premises during the Remediation Term shall be limited to returning the Premises to the condition in which it existed as of the date Commencement Date, as described in the Assessment. . .., ?W[QJ~~r'J .,~,.,..._.~ _.~. ,... -.. .,. .' 4 [\cenda item No_ 10H - May 22, 2007 Page 17 of 28 10. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities, if any, to the Premises and for having all utilities turned off when the Premises are surrendered. I L ASSIGNMENT: This LEASE shall not be assigned in whole or in part without the prior written consent of LESSOR Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect 12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures, improvements, and signs shall be constructed at the expense of LESSEE. Removable equipment or structures placed on the Premises by LESSEE or LESSEE's employees, contractors or agents which does not become a permanent part of the Premises shall remain the property of LESSEE or LESSEE's employees, contractors or agents, as applicable, and may be removed by LESSEE or LESSEE's employees, contractors or agents, as applicable, upon termination of this LEASE. The Parties acknowledge and agree that LESSEE, at its sole cost and expense, shall have the right to make improvements to the Premises in connection with the establishment of a public A TV recreational facility on the Premises, including without limitation, the construction of a parking lot and entranceway. The LESSEE shall also be responsible for installing, or causing to be installed, fencing along the boundaries of the Premises but only if existing fencing proves inadequate to prevent trespass onto adjacent lands and signage setting forth the restrictions, including any applicable rules promulgated by the LESSEE and ordinances adopted the County, governing the public's use of the Premises. The LESSEE shall also fence off any wetlands located on the Premises with hay bails and siltation devices to indicate which areas are closed to public ATV use. The aforesaid fencing, hay bails and siltation devices shall be maintained by the LESSEE or the County, as the LESSEE's contractor, during the term of the LEASE. Upon the expiration or earlier termination of the LEASE, LESSEE shall return the Premises to the condition in which it existed as 0 f the Commencement Date, as described in the Assessment; provided, however, that LESSOR shall have the right to have any or all of the improvements made by LESSEE remain on the Premises by providing written notice to LESSEE not less than sixty (60) days prior to the expiration or earlier termination of the LEASE. In the event LESSOR provides such notice to LESSEE, LESSEE shall have no further obligation to remove the permanent improvements referenced in such notice and they shall become the property of the LESSOR upon the expiration or earlier termination of the LEASE. 13. ENTIRE UNDERSTANDING: This LEASE sets forth the entire understanding between the Parties and shall only be amended with the prior written approval of LESSOR 14. TERMINATION:]t is the policy of the LESSEE to cncourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the LEASE. In accordance with DISTRICT Rule 40E-7, Part II, F.A.C., "material breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the LEASE. If the either party materially fails to fulfill its obligations under this LEASE, the other party will provide written notice of the deficiency by fonvarding a Cure Notic;e citing the r- ('. ., 5 @[9JA)~rJ ,l\genda itern ~~o. 10H I'k,y 22 2007 i8 of 28 specific nature of the material breach. The defaulting party shall have thirty (30) days to cure the breach. If the defaulting party fails to cure the breach within the thirty (30) day period, the other party shall issue a Termination for Default Notice. In the event the LESSEE has notified the LESSOR that it has materially breached the LEASE, by sending a Termination for Default Notice, the DISTRICT's Governing Board shall determine whether the LESSOR should be suspended from doing future work with the LESSEE, and if so, for what period of time. The DISTRICT's Governing Board will consider the factors detailed in Rule 40E-7, Part II, F.A.C. in making a determination as to whether the LESSOR should be suspended, and if so, for what period of time. Should the LESSEE terminate for default in accordance with this provision, the LESSEE shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. The LESSEE may terminate this LEASE with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the LESSOR The performance of work under this LEASE may be terminated by the LESSEE in accordance with this clause in whole, or from time to time in part, whenever the LESSEE shall determine that such termination is in the best interest of the LESSEE. Any such termination shall be effected by delivery to the LESSOR of a Notice of Termination specif'ying the extent to which the LEASE is terminated, and the date upon which such termination becomes effective. Provided LESSEE is not otherwise in default, in the event of such termination by LESSEE, the LESSOR shall return the prorated share of rental fee paid by the LESSEE for the then current term of this LEASE. Notwithstanding anything contained herein to the contrary, the Parties hereto acknowledge and agree that, in the event the LESSEE elects to terminate this LEASE with or without cause for convenience as provided hereinabove, LESSEE shall remain obligated to return the Premises to the condition in which it existed as of the Commencement Date, as described in the Assessment, as otherwise provided in this LEASE. 15. The LESSEE shall maintain records and the LESSOR shall have inspection and audit rights as follows: a. Maintenance of Records: The Parties shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this LEASE including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from the expiration or earlier termination of this LEASK b. Examination of Records: The LESSEE or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly related to this LEASE. Such examination may be made only within five years from the date of expiration or earlier termination of this LEASE and upon reasonable notice, time and place. c. Extended Availabilitv of Records for Legal DisDutes: In the event that the LESSEE should become involved in a legal dispute with a third party arising from performance under this LEASE, the LESSOR shall extend the period of maintenance for all records relating to the LEASE until the final disposition of the legal dispute, and all such records shall be made readily available to the LESSEE. 6 .. ~- ...... ,.. ~ @ff!!J?1l 'i --- - -, ... ,. .... "',, Agenda item ~~o. 10H r\~ay 22, 2007 Page 19 of 28 16. NO WAIVER OF BREACH: The failure of any party to this LEASE to insist in anyone or more instances upon strict performance of anyone or more of the covenants, terms and conditions of this LEASE shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver of any party of any one of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by all Parties. 17. NON-DISCRIMINATION: No party hereto shall discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the Premises or upon lands adjaeent to and used as an adjunct of the Premises. 18. TIME: Time is expressly declared to be of the essence of this LEASK 19. GOVERNING LAW: The laws of the State of Florida shall govern all aspects of this LEASE. In the event it is necessary for either party to initiate legal action regarding this LEASE, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 20. SECTION CAPTIONS: Articles, subsections and other captions contained in this LEASE are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this LEASE or any provisions thereof. 21. PROJECT MANAGEMENTINOTICE: The Parties shall direct all technical matters arising in connection with the performance of this LEASE, other than invoices and notices, to the attention of the respective Project Managers specified below for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. The LESSOR shall direct all administrative matters, including invoices and notices, to the attention of the LESSEE's Contract Specialist specified below. All formal notices between the Parties under this LEASE shall be in writing. All notices required by this LEASE, provided they are addressed as set forth below, shall be considered delivered: (i) on the date delivered if by hand delivery, (ii) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed by certified mail return receipt requested and (iii) one day after such notice is deposited with any form of overnight mail service for next day delivery. Either party may change its address by providing prior written notice to the other of any change of address. All correspondence to the LESSEE under this LEAS.E sp.all..;:eferenee the LESSEE's Contract Number and should be copied to the County to 'the attention of Marla Ramsey, Administrator, at the address given below .,- . .. '.;. ;",) . " ...~. [Q)[9JfllFu J 7 !\genda Item NO.1 OH May 22, 2007 Page 20 8f 28 LESSEE: Project Manager: Contract Specialist: South Florida Water Management District P.O. Box 24680 West Palm Beach, FL334l6-4680 LESSOR: John R Alexander CEO Abco, Inc. 640 South Main Street LaBelle, FL 33935 COUNTY: Marla Ramsey, Administrator Public Services Division, 3301 Tamiami Trail East Naples, Florida, 34H2. 22. EXISTING INTEREST IN LEASED PREMISES: The LESSOR warrants and represents that it has title to the Premises. 23. MISCELLANEOUS PROVISIONS: a. Invalidity of Lease Provision: Should any term or provision of this LEASE be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any form of competent jurisdiction, such invalidity shall not affect any other term or provision of this LEASE, to the extent that the LEASE shall remain operable, enforceable and in full force and effect to the extent permitted by law. b. Inconsistencies: In the event any provisions of this LEASE shall conflict, or appear to conflict, the LEASE, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. c. Final Agreement: This LEASE states the entire understanding between the Parties hereto and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The LESSOR recognizes that any representations, statements or negotiations made by LESSEE's staff do not suffice to legally bind the LESSEE in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized representative of the LESSEE. This LEASE shall bind the Parties, their assigns, and successors in interest. d, .. . .. r [Q)!PJtiJfu., 8 )\';;enja itern r~o, 10H f\,~ay 22. 20(; 7 Page 21 of 28 d. Survival: The provisions of paragraph 23( e) shall survive the expiration or termination of this LEASE. In addition, any covenants, provisions or conditions set forth in this LEASE which by their terms bind the LESSEE or botb the LESSOR and the LESSEE after the expiration or temlination of this LEASE, shall survive the expiration or termination of this LEASE. e. Waiver of Trial by Jury Provision: As an inducement to the LESSEE agreeing to enter into this LEASE, the LESSOR and LESSEE hereby waive trial by jury in any action or proceeding brought by one party against another party pertaining to any matter whatsoever arising out of or in any way connected with this LEASE or the LESSEE's occupancy of the Premises. f The LESSOR shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the LESSOR assert any exemptions to the requirements of Chaptcr 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the LESSOR 24. RELATIONSHIP BETWEEN THE PARTIES: A. The Parties shall be considered independent contractors and neither party shall be considered an employee or agent of the other party. Nothing in this LEASE shall be interpreted to establish any relationship other than that of independent contractor between the Parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this LEASE. Both Parties are free to enter into contracts with other Parties for similar services. B. It is the intent and understanding of the Parties that this LEASE is solely for the benefit of the LESSEE, LESSOR and the County. No person or entity other than the LESSEE, LESSOR or the County shall have any rights or privileges under this LEASE in any capacity whatsoever, either as third-party beneficiary or otherwise. Notwithstanding anything contained herein to the contrary, the Parties hereto acknowledge and agree that LESSEE intends to enter into an agreement with the County whereby the County shall be solely responsible for the operation, management and maintenance of the Premises as a public ATV recreational facility C. The LESSOR shall not assign, delegate, sublease or otherwise transfer its rights and obligations as set forth in this LEASE without the prior written consent of the LESSEE unless such transfer of the LESSOR's rights and/or obligations is done in conjunction with the LESSOR's enrollment of the Premises in the Rural Land Stewardship Program, specifically as part of the Rural Land Stewardship Sending Area which shall not require the prior written consent of the LESSEE. Any other attempted assignment in violation of this provision shall be void. D. The LESSOR shall not pledge the LESSEE's credit or make the LESSEE a guarantor of payment or surety for any LEASE, debt, obligation, judgment, lien, or any form of indebtedness. 9 .....,,;..... ---- ., : r . . ' '@~~L?!T t: I\genda item ~"jo. 1 OH f,jav 22. 2007 Page 22 of 28 IN WITNESS WHEREOF, the Parties have caused this LEASE to be executed on the day and year first above written. LESSOR: ALICO, INC., a Florida Corporation By: Print Name: Title: ATTEST: By: Print Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2007, by and as of Alico Corporation, a Florida corporation, on behalf of the corporation, who are personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: LESSEE: 10 .... .- r~mr~~r" <. 'i.;) '/:-.Jsnja Jtem t~o. 10H ~ r\~ay 22, 2007 Page 23 of 28 SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD ATTEST: By: Director of Procurement Office of Counsel Approved: Date: Procurement Approved: Date: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of ,2007, by and as Director of Procurement of the South Florida Water Management District, on behalf of the corporation, who is pcrsonally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: ... , r @~&~?r l . - II .I'\genej Temporary All Terrain Vehicle (ATV) Park Hours of Operation Hours of operation arc 9AM to 5PM, three weekends per month and select three day weekends. Park Rangers will work from 8AM to 6PM. Budget Assumptions ATV Temporary Facility Six (6) Month Start-up Salaries/Fringe Operating Expenses Capital Expenditures $29,033 $15,300 $29,990 $74,323 Tota/ Expense Capital Expenses Three (3) ATV's Two (2) A TV Trailers One (J) 10' * 10' shed for an office One (J) generator and (4) radios Salary/Fringe/Operational Assumptions: Three rangers will work during each day of the weekend (26) Two will be patrolling the A TV riding area to ensure compliance and proper riding techniques, and patrolling the entry road One ranger will be stationed at the gate to collect memberships if applicable, this ranger will ensure that the gates are kept closed Also to ensure the proper number of rides are in the park at any given time Enforce the normal parks and recreation park rules and safe A TV riding practices I:YI:IIBIT C Item !\J'lr.'iUH , ,ay 22, 2007 g€1'%.t5) r=:_ Ii'-Ct.) oO'~'.J ~o_ .N 0 ~ 0.i Lr') :::(,~>JN - ....,Q) Cl)m:J> :::::~ CO ~o.... " 'D C (I) '" <I: F g = @:: p (f,;;'7J = g F ~g WJ~ ~[~ rud ~~ ~1Qb ~~ ~[Qb ~~ = @::6 WJrQl pd ~~ ~= ?=,p ~~ g [UtI] =F @::rrQl glfuo d [lS ~ [= d g @ f-" ". ~ z o , z ] :l ! o . ~ ~" ~j " ;; " " ;; z c ~ . E i ~ ~ , , < I < 9 i ~ 1 > " o o I ! "',""....."'."._'~"~M". "",.,...""ru,", '"'''''''......... '......_"'.. ....,.".,"'-....., I, .......".-.... ,,',-,"=~. _-"H<'~" pj ',iir-Y+ 1.::1 'A.lNnO:J t131l10:J '1"1' !~.i ~~ 1 NN h- ON'v'l >IHo'd AHO 1'v'IIN310d ~;. f ~. ,:" ~- ~ lI'" I I Dll:IISIO IN3VIJ3~'v'N'v'V\J 1:I31'v'M 'v'Oll:lOl.:l HInos ,I l'ii I, I ~ON """-'-=:>........ , 0 'W 'N N ;:: >-.ill Q) ro :=::;2:, I/t;"'" :j~. .~'J" . '.~ ""'''''~!' !'f;\'~'" 'F- .. '~'. ! " ,..~ , ' ro '0 C Q) :J) <! I J .0 f-t~ ,,-w , , I , ~ 1 ! . ! , /1 i , 1 '. I I ! J , \\~ J:~!ld ~ 1 1" , \\........:..~\\I'.I\ ! \\Y";I -\\\. .:: \\' 1_ 'ii\:G. I ,".~".<, " (;1 :'. ~ .,,----j '--=-",';r,- ~~; " . ~ ,I h w ~:;I ~---,.. '.. 1 '" II I Q\ " :._ c:::),--~~) I a I f:,::t:'~'-.~l ....,Y. I) 0 "~'Ail.' ~ 1. (~,:) ,~~] (V-: ! ;1.: ~)J . !!~1 ,I[}.....,/ -'" "I.'. g, . ~.~~j\ ~ l;~~-~<j'i.: ; 1 ~(.IW~ I ,..'~",I, "" ;~. r'~1 if! I ,I, . '" 1 u , . ~'I ", ~\~";".'l~'~.)'.~~"" [',1 ~I.. ~, t'f.i ;, f,.~ ~8 ;1'"~~~ i. ~~ li,' \l ~ , . l ~ ~ r ~ ~ ~ . o o , ffi ~ " EXHIBIT E -;2 :t~'<T: No. 'i:JH I 22 :::C!C7 ::DeE}) ~cwe 27 of =8 Tract No. EK-IOO-OOI Part of Sections 25 and 26, Township 46 South, Range 28 East, Collier County, Florida. Commence at the Southeast comer of Section 25, Township 46 South, Range 28 East, Collier County, Florida, and run South 89000'55" West, along the South line of said Section 25, a distance of 50.00 feet to the POINT OF BEGINNING of the land herein described; thence, North 00033'38" West, parallel to the East line of said Section 25, a distance of 320.00 feet; thence South 89000'55" West, parallel to the South line of said Section 25, a distance of 210.00 feet; thence, North 00033'38" West, parallel to the East line of said Section 25, a distance of 205.00 feet; thence, South 89000'55" West, parallel to the South line of said Section 25, a distance of 250.00 feet; thence, North 00033'38" West, parallel to the East line of said Section 25; a distance of 1010.00 feet; thence, North 89000'55" East, parallel to the South line of said Section 25, a distance of 510.00 feet, to the East line of said Section 25; thence North 00033'38" West, along the East line of said Section 25, a distance of 1110.36 feet, to the East quarter comer of said Section 25; thence, North 00048'20" West, along the East line of Section 25, a distance of 1215.37 feet; thence, South 88059'55" West, a distance of 5369.40 feet to the West line of said Section 25; thence, South 88059'01" West, a distance of 2640.75 feet; thence, South 00037'27" East, a distance of 520.03 feet; thence, South 87033'22" West, a distance of 434.44 feet; thence, South 15026'55" West, a distance of 476.50 feet; thence, South 56006'05" East, a distance of 619.80 feet; thence, South 04054'16" East, a distance of 1200.73 feet; thence, North 88046'54" East, a distance of 2634.91 feet to the East line of Section 26; thence, South 0]015'46" East, along the East line of said Section 26, a distance of 1330.27 feet, to the Southwest comer of Section 25; thence, North 88057'50" East, along the South line of said Section 25, a distance of2665.79 feet, to the South quarter comer of said Section 25; thence, North 89000'55" East, along the South line of said Section 25, a distance of 2611.49 feet to the POINT OF BEGIN'<ING. Togethe;' vith the following non-exclusive easements for ingress and egress over and across th following described parcel created by the mortgage recorded in Official Record I...k 1550, Page 1117, Public Records of Collier County, Florida. The East 60.00 feet .of the Southeast quarter of the Southeast quarter of Section 26, Township 46 South, Range 28 East, Collier County, Florida. AND The East 60.00 feet of Section 35, Township 46 South, Range 28 East, Collier County, Florida, lying North of Pepper Road. Containing 625.68 acres, more or less. Agenda item t'~o. 10H I'~ay 22, 2007 E;,:hit1flfk8 28 of 28 Interim Site Agenda Item No. 101 May 22, 2007 Page 1 of 40 EXECUTIVE SUMMARY Recommendation to approve the Interlocal Agreements between Collier County and the City of Naples, City of Marco, East Naples, and North Naples Fire Departments for an Advanced Life Support Engine Partnership Program. OBJECTIVE: To receive approval from the Board of County Commissioners for the Interlocal Agreements between Collier County and the City of Naples, East Naples, Marco Island and North Naples Fire Departments for an Advanced Life Support Engine Partnership Program. CONSIDERATION: Since 1997, Collier County has strived to enhance emergency medical capabilities through the implementation of several Advanced Life Support (ALS) Engine programs. The original Interlocal Agreements which established these programs have become antiquated. These revised Agreements will allow for the enhancement of pre-hospital medical care, while preventing duplication of unnecessary resources. This shall be accomplished through Medical Director approved dispatch models which identify specific call types, categorize dispatched apparatus, assure properly trained staff, and require all participating fire districts to adhere to the quality assurance, reporting and documentation mandates necessary within Florida statute. The Board of County Commissioners oversight is clearly sustained. These Agreements have been reviewed by the County Attorneys Office for legal sufficiency and are identical, with the exception of the number and location of ALS units each fire district has guaranteed to place into permanent service. FISCAL IMPACT: There is no Fiscal Impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners: L Approve the Interlocal Agreements between Collier County and the City of Naples, City of Marco, East Naples, and the North Naples Fire Departments for an Advanced Life Support (ALS) Engine Partnership Program; and, 2. Authorize the Chairman to execute these Agreements. PREPARED BY: Jeff Page, Chief, Emergency Medical Services Department Item Number: Item Summary: Meetfng Date: Page I of 1 Agenda Item No. 101 May 22, 2007 Page 2 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 101 This item to be heard at 9:00 a_m Recommendation to approve the Interlacel Agreements between Collier County and the City 01 Naples, City of Marco, East Naples. and North Naples Fire Departments for an Advanced Life Support Engine Partnership Program. 5/221200790000AM Date Prep....ed By Jeff Page Bureau of Emergency Services EMS Chief EMS Sn/20071:49:21PM Approved By Date Jeff Page Bureau of Emergency Servicos EMS Chief EMS 517120011:56 PM Approved By Date Jennifer A. Belpedlo County Attomey Asslstanf County Attorney County Attorney Office 51812OO7229PM D," Approved By Dan E. Summers County Manager's Office Bureau of Emergency Services Dil'(!ctor Bureau of Emergency Services 519/20079:23 AM Date Approved By OMBCoordinator County Manager's Office Adll1inistrativeAssistant Office of Management & Budget 519120073:42PM Date Approved By Michael Smykowskl County Manllger'sOffice Management & Budget Director Office of Management & Budget 5/10f200710:58AM Date Approved By JamesV. Mudd Board of County Commissioners County Manaser County Manager's Office 5111/200712:16 PM fil...lIr.\ I::. n..-n..-l"'T..."tlt::v...."...\ Q"Ll\ ",."O/..'l""" o/.."""n,,'7\ 1 n o/.."nry,T Th.ITvo;:"nl\" ^ 1\.T ^ fCt::DO/_ ("/l~n"()'7 Agenda Item No. 101 May 22, 2007 Page 3 of 40 INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT PARTNERSHIP BETWEEN COLLIER COUNTY AND CITY OF NAPLES THIS INTERLOCAL AGREEMENT, made and entered into this _ day of 2007, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter called the "COUNTY") and the CI1Y OF NAPLES, "hereinafter called the "CITY"). PURPOSE The purpose of this interlocal agreement is to provide quality and cost effective fire rescue and emergency medical services to the residents of the City of Naples and Collier County. The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve. WITNESSETH \\'HEREAS, the CIIT and COUNTY seek to enhance emergency service further through a continued partnership; and WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for a CITY FirefighterlParamedic and/or FirefighterlEmergency Medical Technician, (hereinafter "'EMT"), to work and train on a COUNTY Advanced Life Support Transport Unit providing firefighter / paramedic duties and/or basic life support EMT duties; and WHEREAS, The ALS partnership provides for a COUNTY Paramedic/Firefighter to work and train on a CI1Y Fire-Rescue unit providing firefighting and paramedic duties; and WHEREAS, the CITY and COUNTY work cooperatively to assure appropriate response of sufficient emergency medical resources. NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and the CITY agree as follows: SECTION I: DEFINITIONS 1.0 ~ means treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by a qualified person, pursuant to rules of the COUNTY Medical Director. 1.1 BLS means treatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen, and other techniques which have been approved and are performed under conditions specified by rules of the COUNTY Medical Director. 1.2 FTO means a Field Training Officer; a certified paramedic recognized by the Medical Director as having sufficient skill and experience to train and direct medical providers in working under the approved medical protocols. 1.3 Q.:1LQ! means Quality Assurance / Quality Improvement which is the Medical Director approved program which assesses and monitors the medical performance of Paramedics and Emergency Medical Technicians. 1.4 peR means the Patient Care Record which chronicles the medical treatment of the patient. 1.5 MOD means a Memorandum of Understanding between agencies. 1.6 ~sed means a non-transporting ALS fire apparatus and rapid response vehicle operating under the ALS license issued to COUNTY Emergency Medical Services Department (hereinafter "EMS") for the purpose of enhancing 911 medical responses. Agenda Item No. 101 May 22, 2007 Page 4 of 40 1.7 Non-licensed means to any response vehicle that is not required by State Statute to be licensed, but is authorized by the Medical Director. SECTION II: COUNTY'S RESPONSffiILITY The following specific services, duties, and responsibilities will be the obligation of the COUNTY: 2.0 The COUNTY will provide through the County's EMS; medical direction, medical protocols, training and quality assurance on a countywide basis. 2.1 The COUN1Y will maintain at least one (I) ALS tmnsport unit staffed by the CITY and the COUNTY under the Board of Commissioner's (hereinafter "BCC") authority pursuant to the current Chapter 401. Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code) at Marco Island Station 50 as a first,due appamtus on all medical, rescue and fire incidents. 2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code, will license a total of three (3), CITY fire appamtus or response vehicles as non-transporting ALS vehicle(s) under the COUN1Y EMS license for the purpose of enhancing 911 medical responses. 2.3 The COUNTY will provide the initial ALS equipment and medical supplies to all County recognized licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response vehicles, staffed 365 days per year, 24 hours per day including those stationed at the following locations: 1. Engine Ot, 855 8th Avenue South, Naples, 2. Engine 02, 977 26th Avenue North Naples 2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as identified in 2.3 and mutually agreed upon, under the COUNTY EMS license during the term of this Interlocal Agreement. 2.5 The COUNTY EMS Department will provide one (I) Pammedic/Firefighter to the CITY 365 days per year, 24 hours per day to be utilized on fire apparatus vehicle(s) licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code. 2.6 As pursuant to Chapter 401, Fla. Stat. and Subtitled 64E-2, Fla. Admin. Code, the City may opemte any of their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder when a paramedic does not staff the vehicle. SECTION III: CITY'S RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of the CITY: 3.0 The CITY will provide through the Naples Police and Emergency Services Department; Incident Command, incident safety direction, fire rescue standard operating guidelines and training on a regional basis. 3.1 The CITY will maintain two (2) ALS apparatus, licensed and equipped by the COUNTY, at locations referenced in Section 2.3. These unites) will be designated within the County Sherriffs Office and Naples Police and Emergency Services Department Communications Division's Computer Aided Dispatch (CAD) programs to automatically respond to medical incidents with, or in place of, an ALS transport unit committed to a previous medical, rescue or fire operation in accordance with the COUNTY's Emergency Medical Dispatch protocol as an emergency medical response and/or fire suppression vehicle. The CITY will maintain one (I) additional ALS Apparatus licensed by the COUNTY and equipped by the CITY. This unit will he designated as a reserve ALS Apparatus to be only used when staffing allows. 3.2 The CITY will comply with medical protocol, and will participate in medical training and quality assurance progmms in accord with the COUNTY. 3.3 The CITY will provide one (I) Firefighter/Paramedic or Firefighter/EMT to the COUNTY 365 days per year, 24 hours per day to be utilized on the ALS transport unit assigned to Station 02. 3.4 The CITY may provide at least one (I) MOD Training Coordinator, approved by the medical director, to function as a Field Tmining Officer (FTO) / Supervisor for CITY Pammedic and EMT training. 3.5 The CITY will designate a representative to the COUNTY a Medical Director approved Quality Assurance member to participate on the ALS Non-Transport Quality Assurance Committee. Agenda Item No.1 01 May 22, 2007 Page 5 of 40 3.6 The CITY may provide additional non-licensed ALS vehicles when paramedic staffing allows. 3.7 The CITY may provide additional medical equipment and advanced service with the approval of the COUNTY. 3.8 The CITY shall be responsible for replacing expendable medical supplies and for the cost of repair and maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles. SECTION IV: MUTUAL CONVENANTS 4.0 The COUNTY in coordination with the CITY will be responsible for verifying that CITY Firefighter/Paramedics and/or Firefighter/EMTS meet all requirements for State licensure and recertification as Florida Certified Paramedics and/or EMTs. The CITY in coordination with the County will be responsible for verifying that the COUNTY Paramedic/Firefighters meet all requirements for licensure and recertification as required by law (e.g., Florida Statutes, Florida Administrative Code, and rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training.) 4.1 The COUNTY and the CITY will provide each other's department employees similar training and internship programs as would be provided for a COUNTY or CITY employed FirefighterlParamedic or Firefighter/EMT. 4.2 Necessary qualifications for botb CITY and COUNTY firefighter/paramedics will be cooperatively developed and defined within the Collier County Fire Chiefs' Association (CCFCA) Firefighter Cross Training Program, and Collier County Medical Director's Paramedic Qualification/Certification Matrix. 4.3 The COUNTY and CITY will work cooperatively to identify and request appropriate grants in order to improve the operations and service capabilities of both departments. 4.4 The operational decision to change the location of either apparatus assignment identified in sections 2.1 or 3.3 may be changed by mutual written consent between the Chief of the CITY's Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of EMS). SECTION V: OPERATING PROCEDURES 5.0 The CITY Firefighter/Paramedics and Firefighter/EMTs will meet the same requirements and perform at the appropriate medical protocol as defined by the COUNTY EMS Medical Director, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. 5.1 The CITY Firefighter/Paramedics shall be certified to perform as ALS Engine Paramedics under current medical protocoL The COUNTY EMS Medical Director shall regularly evaluate the skills of the CITY Paramedics for consideration of expanding the medical protocol under which they perform. 5.2 The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements and perform under the same Fire specialized response protocols, standard operating procedures and chain of command as employees of the CITY. 5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent between the Chief of the CITY's Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of EMS). Such revisions must not conflict with the terms and standards set forth in this Agreement. 5.4 Licensed and non-licensed ALS vehicles, programs, personnel or details may be developed and implemented by joint agreement and in cooperation between the CITY and COUNTY. Such resources may not conflict with the standards set forth in this agreement. 5.5 The CITY and COUNTY EMS Department will recognize the respective ranks and abilities of assigned personnel. 5.6 All discipline and investigations leading to discipline will be handled by the respective employing agency. 5.7 The CITY and COUNTY will utilize Command Staff and assets for logistical, support, and operational needs for national, state and local emergencies. 5.8 The State of Florida recognized Incident Management System (lM5) is the standard for emergency operations. The CITY shall assume command and control of all incidents where the CITY is the Authority Having Jurisdiction. In all instances where the CITY has established command, COUNTY EMS shall assume responsibility for, and be in charge of, patient care. 5.9 The COUNTY and CITY will jointly develop medical recordkeeping procedures and share statistical data. Agenda Item No. 101 May 22, 2007 Page 6 of 40 SECTION VI: RESOLUTION OF CONFLICTS 6.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen circumstances come into conflict issues will immediately be decided in the following manner; I. First and foremost by the medical needs of the patient and responder safety. 2. The COUNTY will have jurisdiction of medical issues concerning appropriate patient care. 3. The CITY will have jurisdiction of fire/rescue issues concerning operations and safety. 4. Conflicts involving patient care issues will be resolved through a QA/QI process. 5. Should conflicts arise that are unresolvable, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. SECTION VII: AGREEMENT TERM 7.0 This lnterlocal Agreement supersedes the agreement titled "Interlocal Agreement Advanced Life Support Engine Partnership, between the CITY and COUNTY, dated June 25, 2002. 7.1 The Interlocal Agreement shall remain in full force and effect from the date first above written and shall terminate after written notice of termination. 7.2 This Interlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years. Absent termination or amendment to this lnterlocal Agreement, the term of this lnterlocal Agreement will automatically renew in (3) three year periods. Nothing within this Agreement shall preclude review and amendment of any provision within the three (3) year period or successive renewal periods when such amendment is mutually agreed to in writing by the COUNTY and CITY. 7.3 Either the COUNTY or the CITY may terminate this Interlocal Agreement after providing written notice of its intent to terminate at least ninety (90) days in advance of the date of termination. 7.4 In the event that the COUNTY's Medical Director detennines that the CITY's failure to fulfill any of the obligations under this Agreement adversely affects or may adversely affect the medical needs of the patient and/or responder safety, EMS may provide written notice to CITY of its intent to recommend that the BCe terminate this Agreement. BCe consideration of termination of this Agreement must occur at the next available regular meeting of the BCC. Advance notice of the BCC meeting date and agenda item must be provided to the Medical Director and CITY. Unless otherwise detennined by the BCC at the meeting, the notice of intent to recommend that the BeC terminate this Agreement shall be deemed to be fully sufficient and to have commenced the (90) ninety day notice period. In the alternative, the BeC at the meeting may, after receiving infornlation from the Medical Director and CITY, terminate this Agreement without further action or notice to the CITY. Nothing in this Agreement shall limit the authority of the Medical Director as set forth in the Florida Statutes and the Florida Administrative Code. 7.5 The terminating party must also provide the non-terminating party's representatives with an opportunity to consult with the terminating party's representatives regarding the reason(s) for termination during the notice periods provided in Section VII of this Agreement. SECTION VIII: INSURANCE 8.0 The CITY and COUNTY shall maintain insurance in the minimum amounts and types required by Florida State Statutes. 8.1 The CITY and COUNTY agree that either party may be self, insured on the condition that all self-insurance must comply with all State laws and regulations and must meet with the approval of the other party to this InterIocal Agreement. 8.2 To the extent permitted by law and as limited by and pursuant to the provisions of Florida Statutes, Section 768.28 CITY and COUNTY agree to hold hannless the other, their employees and agents against any and all claims and/or damages by or behalf of any person, employee or legal entity arising from their respective negligent acts pursuant to this InterIocal Agreement that allows employees of the other to occupy and ride in each other's vehicles. Nothing is intended to alter either party's immunity in tort or otherwise impose liability on CITY or the COUNTY when it would not otherwise be responsible. Agenda Item No. 101 May 22, 2007 Page 7 of 40 SECTION IX: MISCELLANEOUS 9.0 This Interlocal Agreement shall be govemed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this lnterlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the non-prevailing party all court costs and other expenses, including reasonable Attorney's fees. 9.1 It is understood that this Interlocal Agreement must be executed by both parties prior to the CITY and COUNTY commencing with the work, services, duties and responsibilities described heretofore. 9.2 Prior to its effectiveness, this lnterlocal Agreement and any subsequent amendments to this Agreement (including amendments to the ALS Partnership Operations Plan, Attachment A), shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01 (II). The COUNTY shall file this Interlocal Agreement as soon as practicable after approval and execution by both parties. IN WITNESS WHEREOF. the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Jim Coletta., Chairman Approval as to form and legal Sufficiency: Jennifer A Belpedio Assistant County Attorney NAPLES CITY COUNCIL BY:_ Bill Barnett, Mayor ATTEST Tara Norman, Clerk Approval as to form and legal Sufficiency: Robert D. Pritt City Attorney Agenda item No. 101 May 22, 2007 Page 8 of 40 ATTACHMENT A COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT AND NAPLES FIRE AND RESCUE DEPARTMENT ALS PARTNERSHIP OPERATIONS PLAN REFERENCE: ALS Program Interlocal Agreement, ,2007 PURPOSE: To provide quality and cost effective fire rescue and emergency medical services to the residents of the City of Naples (PESD) and Collier County (COUNTY). The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve. 1. QUALIFICATION REQUIREMENTS a. COUNTY Paramedic/Firefighters utilized on designated fire apparatus must maintain the following valid and current qualifications: I. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification; 111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter 64E; IV. Collier County Medical Director's Paramedic Certification/Qualification Matrix Rescue Paramedic and; v. Collier County Fire Chiefs' Association Firefighter Cross Training Certification. b. PESD Firefighters utilized on the County Medic unit must maintain the following valid and current qualifications: I. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical services and Community Health Resources EMT or Paramedic Certification; 111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter 64E and; IV. Collier County Medical Director's Orientation, as referenced in the Collier County Medical Director's Paramedic Certification/Qualification Matrix Agenda Item NO.1 01 May 22, 2007 Page 9 of 40 c. At least one PESO FirefighterlParamedic utilized on licensed PESO ALS apparatus or vehicle must maintain the fo llowing valid and current qualifications; 1. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical servIces and Community Health Resources Paramedic Certification and; lll. Emergency Vehicle Operator Certification in accordance with F,A.C. Chapter 64E and; IV, Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above. d. PESO FirefighterlParamedics utilized in non-licensed apparatus or assignments must maintain the following valid and current qualifications; 1. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical servlces and Community Health Resources Paramedic Certification and; 111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter 64E and; lV. Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above. 2. SCHEDULING AND POSITION ASSIGNMENTS a. The COUNTY and PESO Chiefs or their designee, must approve all Exchange Program participants. b. The COUNTY Battalion Chief 80 and PESO Battalion Chief 01 will consult openly in order to assure continuity and efficiency. c. The COUNTY will continuously provide PESO with one [I] COUNTY Paramedic/Firefighter as qualified within Section I, a for use on a designated ALS apparatus or vehicle. d. PESO will continuously provide the COUNTY with one [I] PESO Firefighter as qualified within Section I. b. for use on the appropriate designated apparatus or vehicle. e. Exchange Program partlclpants will participate in appropriate on-duty training, station duties and unit assignments in accordance with assignment and rank. f. It is recognized by COUNTY and PESO that harmonious and productive relationships between all personnel are necessary. Teamwork and cooperation is encouraged and expected. Agenda Item NO.1 01 May 22, 2007 Page 10 of 40 g. Applicable COUNTY and/or CITY policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed. 3. COMMUNICATION AND DISPATCH a. COUNTY and PESD staff will assure all personnel operate on the appropriate radio frequency, unit identifier dispatch and zone coverage protocol in accordance with Computer Aided Dispatch (CAD) and the CCFCA Communications ManuaL Designated assignments are outlined as follows: 1. Medical Director approved Emergency Medical Dispatch (EMD) Models shall be designed to assure the initial response of appropriate ALS licensed apparatus. 11. COUNTY and PESO chief officers will utilize available PESO licensed resources to assure ALS coverage is continuously maintained within the City of Naples. 111. COUNTY and PESO chief officers will assure licensed and non-licensed ALS assets will respond to out-of-district emergencies or coverage when identified by CAD as the closest available ALS unit. b. Applicable COUNTY and/or CITY policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed. 4. DOCUMENTATION a. The first arriving licensed and non-licensed ALS unit will document each patient contact in a hand written Patient Care Report (PCR). The PCR must record any notations from on-scene patient treatment, patient identifying data completed and collected prior to transfer of patient care, AR number, Dispatch times, and crew signatures with State paramedic or EMT license numbers. When ALS units arrive at the same time, the PCR will be completed by the transporting unit. Shift PCRs are to be collected in a secured envelope with completed coversheet and submitted to the appropriate EMS representative. b. Before the end of shift, an accurate and complete EMS2000 report will be electronically transmitted for each patient contact 100% of the time. All BLSI ALS procedures performed by the personnel assigned to the ALS response will be fully documented, "CHART" format with documented "BSI" is required. c. Prior to 0900hrs, or as call volume permits, Battalion 50 or designee must fax or email a complete ALS Engine Staffing Report to Battalion 81's office. An updated report will be provided to Battalion 81 prior to or at the end of shift to reflect staffing changes during that tour. Battalion 81 will fax a complete EMS Staffing report to Battalion 50's office. Agenda Item No. 101 May 22, 2007 Page 11 of 40 5. QUALITY ASSURANCE a. PESD will appoint a Medical Director approved "Quality Assurance (QA) member to participate on the ALS Non-Transport Quality Assurance Committee, and will be granted privileges to enable tbem to review their department's EMS 2000 PCRs. b. At the discretion of the Medical Director or designee, routine or informational QA Review may be handled by the PESD member. The QA Committee will provide the member with appropriate documentation detailing the area of interest. The member shall review and complete the material with the PESD personnel and return all necessary documentation to the ALS Non-Transport QA Committee within thirty [30] calendar days. c. In the event the Medical Director orders remediation, the QA member shall be present understanding that confidential medical information will be discussed. If a significant issue is identified by the QA Committee, the EMT or Paramedic may be immediately prohibited from providing patient care until all processes are completed. 6. TRAINING a. PESD will appoint a Medical Director approved "EMS Training person(s)" to work as an adjunct for the Collier County EMS Training Center so to instruct PESD personnel in pre-hospital medicine and protocoL b. The PESD Training person(s) is qualified to instruct PESD firefighter paramedics or EMTs Medical Director approved in-services, certifications, classes, etc. c. Any curriculum taught by the PESD EMS Training person(s) must be submitted with a complete student roster to the Medical Director in order to qualify for County accreditation. In addition, the EMS Training person(s) will be granted privileges to EMS 2000 to accurately record continuing education hours of any personnel completing their training. d. PESD will provide to the State Fire College appropriate approved training documentation for recognized State approved fire classes. 07-EMS.o0080!2 Agenda Item No. 101 May 22, 2007 Page 12 of 40 INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT PARTNERSHIP BETWEEN COLLIER COUNTY AND CITY OF MARCO ISLAND THIS INTERLOCAL AGREEMENT, made and entered into this _ day of 2007, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter called the "COUNTY") and the CITY OF MARCO ISLAND, "hereinafter called the "CITY"). PURPOSE The purpose of this interlocal agreement is to provide quality and cost effective fire rescue and emergency medical services to the residents of the City of Marco Island and Collier County. The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve. WITNESSETH WHEREAS, the CITY and COUNTY seek to enhance emergency service further through a continued partnership; and WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for a CITY FirefighterlParamedic and/or FirefighterlEmergency Medical Technician, (hereinafter "EMT"), to work and train on a COUNTY Advanced Life Support Transport Unit providing firefighter / paramedic duties and/or basic life support EMT duties; and WHEREAS, The ALS partnership provides for a COUNTY Paramedic/Firefighter to work and train on a CITY Fire-Rescue unit providing firefighting and paramedic duties; and WHEREAS, the CITY and COUNTY work cooperatively to assure appropriate response of sufficient emergency medical resources, NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and the CITY agree as follows: SECTION I: DEFINITIONS 1.0 ~ means treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by a qualified person, pursuant to rules of the COUNTY Medical Director. 1.1 BLS means treatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen, and other techniques which have been approved and are performed under conditions specified by rules of the COUNTY Medical Director. 1.2 ITQ. means a Field Training Officer; a certified paramedic recognized by the Medical Director as having sufficient skill and experience to train and direct medical providers in working under the approved medical protocols. 1.3 ~ means Quality Assurance / Quality Improvement which is the Medical Director approved program which assesses and monitors the medical performance of Paramedics and Emergency Medical Technicians. 1.4 ~means the Patient Care Record which chronicles the medical treatment of the patient. 1.5 MQ!L means a Memorandum of Understanding between agencies. 1 Agenda Item No. 101 May 22, 2007 Page 13 of 40 1.6 Licensed means a non-transporting ALS fire apparatus and rapid response vehicle operating under the ALS license issued to COUNTY Emergency Medical Services Department (hereinafter "EMS") for the purpose of enhancing 911 medical responses. 1. 7 Non-licensed means to any response vehicle that is not required by State Statute to be licensed, but is authorized by the Medical Director. SECTION II: COUNTY'S RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of the COUNTY: 2.0 The COUNTY will provide through the County's EMS; medical direction, medical protocols, training and quality assurance on a countywide basis. 2.1 The COUNTY will maintain at least one (1) ALS transport unit staffed by the CITY and the COUNTY under the Board of Commissioner's (hereinafter "Bee") authority pursuant to the current Chapter 401. Fla. Stat and Subtitle 64E-2, Fla. Admin. Code) at Marco Is]and Station 50 as a first-due apparatus on all medical, rescue and fire incidents. 2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code, will license a total of three (3), CITY fire apparatus or response vehicles as non-transporting ALS vehicle(s) under the COUNTY EMS license for the purpose of enhancing 911 medical responses. 2.3 The COUNTY will provide the initial ALS equipment and medica] supplies to all County recognized licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response vehicles, staffed 365 days per year, 24 hours per day including those stationed at the following locations: 1. Engine 50, 1280 San Marco Road, Marco Island 2. Tower 50, 1280 San Marco Road, Marco Island 2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as identified in 2.3 and mutually agreed upon, under the COUNTY EMS license during the term of this l11terlocal Agreement. 2.5 Tbe COUNTY EMS Department will provide one (1) Paramedic/Firefighter to the CI1Y 365 days per year, 24 hours per day to be utilized on fire apparatus vehicle(s) licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code. 2.6 As pursuant to Chapter 401, Fla. Stat. and Subtitled 64E-2, Fla. Admin. Code, the City may operate any of their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder when a paramedic does not staff the vehicle. SECTION ill: CITY'S RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of the CITY: 3.0 The CITY will provide through the City's Fire Rescue Department; Incident Command, incident safety direction, fire rescue standard operating guidelines and training on a regional basis. 3.1 The CITY will maintain two (2) ALS apparatus, licensed and equipped by the COUNTY, at locations referenced in Section 2.3. These unites) will be designated within the County Sheniffs Office Computer Aided Dispatch (CAD) program to automatically respond to medica] incidents with, or in place of, an ALS transport unit committed to a previous medical, rescue or fire operation in accordance with the COUNTY's Emergency Medical Dispatch protocol as an emergency medical response and/or fire suppression vehicle. The CITY will maintain one (1) additional ALS Apparatus licensed by the COUNTY and equipped by the CITY. This unit will be designated as a reserve ALS Apparatus to be only used when staffing allows. 3.2 The CITY will comply with medical protocol, and will participate in medical training and quality assurance programs in accord with the COUNTY. 3.3 The CITY will provide one (1) Firefighter/Paramedic or Firefighter/EMT to the COUNTY 365 days per year, 24 hours per day to be utilized on the ALS transport unit assigned to Station 50. 3A The CITY may provide at least one (1) MOD Training Coordinator, approved by the medical director, to function as a Field Training Officer (FTO) / Supervisor for CITY Paramedic and EMT training. 2 Agenda Item NO.1 01 May 22, 2007 Page 14 of 40 3.5 The CITY will designate a representative to the COUNTY a Medical Director approved Quality Assurance member to participate on the ALS Non-Transport Quality Assurance Committee. 3.6 The CITY may provide additional non-licensed ALS vehicles when paramedic staffing allows. 3.7 The CITY may provide additional medical equipment and advanced service with the approval of the COUNTY. 3.8 The CITY shall be responsible for replacing expendable medical supplies and for the cost of repair and maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles. SECTION IV: MUTUAL CONVENANTS 4.0 The COUNTY in coordination with the CITY will be responsible for verifying that CITY FirefighterlPararnedics and/or FirefighterlEMTS meet all requirements for State licensure and recertification as Florida Certified Paramedics and/or EMTs. The CITY in coordination with the County will be responsible for verifying that the COUNTY Paramedic/Firefighters meet all requirements for licensure and recertification as required by law (e.g., Florida Statutes, Florida Administrative Code, and rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training.) 4.1 The COUNTY and the CITY will provide each other's department employees similar training and internship programs as would be provided for a COUNTY or CITY employed Firefighter/Paramedic or FirefighterlEMT. 4.2 Necessary qualifications for both CITY and COUNTY firefighter/paramedics will be cooperatively developed and defined within the Collier County Fire Chiefs' Association (CCFCA) Firefighter Cross Training Program, and Collier County Medical Director's Paramedic Qualification/Certification Matrix. 4.3 The COUNTY and CITY will work cooperatively to identify and request appropriate grants in order to improve the operations and service capabilities of both departments. 4.4 The operational decision to change the location of either apparatus assignment identified in sections 2. I or 3.3 may be changed by mutual written consent between the Chief of the CITY's Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of EMS). SECTION V: OPERATING PROCEDURES 5.0 The CITY FirefighterlParamedics and Firefighter/EMTs will meet the same requirements and perform at the appropriate medical protocol as defined by the COUNTY EMS Medical Director, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. 5. I The CITY FirefighterlParamedics shall be certified to perform as ALS Engine Paramedics under current medical protocoL The COUNTY EMS Medical Director shall regularly evaluate the skills of the CITY Paramedics for consideration of expanding the medical protocol under which they perform. 5.2 The COUNTY EMS Department ParamediclFirefighters will meet the same requirements and perform under the same Fire specialized response protocols, standard operating procedures and chain of command as employees of the CITY. 5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent between the Chief of the CITY's Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of EMS). Such revisions must not conflict with the terms and standards set forth in this Agreement. 5.4 Licensed and non-licensed ALS vehicles, programs, personnel or details may be developed and implemented by joint agreement and in cooperation between the CITY and COUNTY. Such resources may not conflict with the standards set forth in this agreement. 5.5 The CITY and COUNTY EMS Department will recognize and abide by the respective ranks and abilities of assigned personnel. 5.6 All discipline and investigations leading to discipline will be handled by the respective employing agency. 5.7 The CITY and COUNTY will utilize Command Staff and assets for logistical, support, and operational needs for national, state and local emergencies. 5.8 The State of Florida recognized Incident Management System (IMS) is the standard for emergency operations. The CITY shall assume command and control of all incidents where the 3 Agenda Item No. 101 May 22, 2007 Page 15 of 40 CITY is the Authority Having Jurisdiction. In all instances where the CITY has established command, COUNTY EMS shall assume responsibility for, and be in charge of, patient care. 5.9 The COUNTY and CITY will jointly develop medical recordkeeping procedures and share statistical data. SECTION VI: RESOLUTION OF CONFLICTS 6.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen circumstances come into conflict issues will immediately be decided in the following manner; 1. First and foremost by the medical needs of the patient and responder safety 2. The COUNTY will have jurisdiction of medical issues concerning appropriate patient care. 3. The CITY will have jurisdiction of fire/rescue issues concerning operations and safety. 4. Conflicts involving patient care issues will be resolved through a QAlQI process. 5. Should conflicts arise that are unresolvabJe, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. SECTION VII: AGREEMENT TERM 7.0 This Interlocal Agreement supersedes the agreement titled "Interlocal Agreement Advanced Life Support Engine Partnership, between the CITY and COUNTY, dated July 31, 2001. 7. I The lnterlocal Agreement shall remain in full force and effect from the date first above written and shall terminate after Mitten notice of termination. 7.2 This lnterlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years. Absent termination or amendment to this lnterlocal Agreement, the term of this lnterlocal Agreement will automatically renew in (3) three year periods. Nothing within this Agreement shall preclude review and amendment of any provision within the three (3) year period or successive renewal periods when such amendment is mutually agreed to in writing by the COUNTY and CITY. 7.3 Either the COUNTY or the CITY may terminate this lnterlocal Agreement after providing written notice of its intent to terminate at least ninety (90) days in advance of the date of termination. 7.4 In the event that the COUNTY's Medical Director determines that the CITY's failure to fulfill any of the obligations under this Agreement adversely affects or may adversely affect the medical needs of the patient and/or responder safety, EMS may provide written notice to CITY of its intent to recommend that the BCC telminate this Agreement. BeC consideration of termination of this Agreement must occur at the next available regular meeting of the Bee. Advance notice of the Bee meeting date and agenda item must be provided to the Medical Director and CITY. Unless otherwise determined by the BCe at the meeting, the notice of intent to recommend that the BCe terminate this Agreement shall be deemed to be fully sufficient and to have commenced the (90) ninety day notice period. In the alternative, the BCe at the meeting may, after receiving information from the Medical Director and CITY, terminate this Agreement without further action or notice to the CITY. Nothing in this Agreement shalllirnit the authority of the Medical Director as set forth in the Florida Statutes and the Florida Administrative Code. 7.5 The terminating party must also provide the non-terminating party's representatives with an opportunity to consult with the terminating party's representatives regarding the reason(s) for termination during the notice periods provided in Section VII of this Agreement. SECTION VIII: INSURANCE 8.0 The CITY and COUNTY shall maintain insurance in the minimum amounts and types required by Florida State Statutes. 4 Agenda Item NO.1 01 May 22, 2007 Page 16 of 40 8.1 The CITY and COUNTY agree that either party may be self-insured on the condition that all self- insurance must comply with all State laws and regulations and must meet with the approval of the other party to this Interlocal Agreement. 8.2 To the extent permitted by law and as limited by and pursuant to the provisions of Florida Statutes, Section 768.28 CITY and COUNTY agree to hold harmless the other, their employees and agents against any and all claims and/or damages by or behalf of any person, employee or legal entity arising from their respective negligent acts pursuant to this Interlocal Agreement that allows employees of the other to occupy and ride in each other's vehicles. Nothing is intended to alter either party's immunity in tort or otherwise impose liability on CITY or the COUNTY when it would not otherwise be responsible. SECTION IX: MISCELLANEOUS 9.0 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Interlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the non-prevailing party all court costs and other expenses, including reasonable Attorney's fees. 9.1 It is understood that this Interlocal Agreement must be executed by both parties prior to the CITY and COUNTY commencing with the work, services, duties and responsibilities described heretofore. 9.2 Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments to this Agreement (including amendments to the ALS Partnership Operations Plan, Attachment A), shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01 (II). The COUNTY shall file this Interlocal Agreement as soon as practicable after approval and execution by both parties. IN WITNESS WHEREOF. the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Jim Coletta., Chairman Approval as to form and legal Sufficiency: Jennifer A. Belpedio Assistant County Attorney ATTEST Laura Litzan, Clerk MARCO ISLAND CITY COUNCIL BY: Terri Di Sciullo, Chairwoman 5 Agenda Item NO.1 01 May 22, 2007 Page 17 of 40 ATTACHMENT A COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT AND MARCO ISLAND FIRE AND RESCUE DEPARTMENT ALS PARTNERSHIP OPERATIONS PLAN REFERENCE: ALS Program Interlocal Agreement, ,2007 PURPOSE: To provide quality and cost effective fIre rescue and emergency medical services to the residents of the City of Marco Island (MIFD) and Collier County (COUNTY). The recognition and utilization of existing and future personnel skills, qualifIcations and resources is in the interest and benefIt of both agencies and the public we serve. L QUALIFICATION REQUIREMENTS a. COUNTY Paramedic/FirefIghters utilized on designated fIre apparatus must maintain the following valid and current qualifIcations: 1. Florida Bureau of Fire Standards and Training CertifIcate of Compliance for Minimum Standards (FirefIghter II); 11. Florida Bureau of Emergency Medical services and Community Health Resources Paramedic CertifIcation; 111. Emergency Vehicle Operator CertifIcation in accordance with F.AC. Chapter 64E; IV. Collier County Medical Director's Paramedic CertifIcation/QualifIcation Matrix Rescue Paramedic and; v. Collier County Fire Chiefs' Association FirefIghter Cross Training CertifIcation. b. MIFD FirefIghters utilized on the County Medic unit must maintain the following valid and current qualifIcations: 1. Florida Bureau of Fire Standards and Training CertifIcate of Compliance for Minimum Standards (FirefIghter II); 11. Florida Bureau of Emergency Medical services and Community Health Resources EMT or Paramedic CertifIcation; 111. Emergency Vehicle Operator CertifIcation in accordance with F.AC. Chapter 64E and; 6 Agenda Item No. 101 May 22, 2007 Page 18 of 40 iv. Collier County Medical Director's Orientation, as referenced in the Collier County Medical Director's Paramedic Certification/Qualification Matrix c. At least one MIFD Firefighter/Paramedic utilized on licensed MIFD ALS apparatus or vehicle must maintain the following valid and current qualifications; 1. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification and; 111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter 64E and; IV, Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above. d. MIFD Firefighter/Paramedics utilized in non-licensed apparatus or assignments must maintain the following valid and current qualifications; I. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification and; 111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter 64E and; IV. Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above. 2. SCHEDULING AND POSITION ASSIGNMENTS a, The COUNTY and MIFD Chiefs or their designee, must approve all Exchange Program participants. b. The COUNTY Battalion Chief 80 and MIFD Division Chief 50 will consult openly in order to assure continuity and efficiency. c. The COUNTY will continuously provide MIFD with one [1] COUNTY Paramedic/Firefighter as qualified within Section 1, a for use on a designated ALS apparatus or vehicle. d. MIFD will continuously provide the COUNTY with one [I] MIFD Firefighter as qualified within Section 1. b. for use on the appropriate designated apparatus or vehicle. e. Exchange Program participants will participate in appropriate on-duty training, station duties and unit assignments in accordance with assignment and rank. 7 Agenda Item NO.1 01 May 22, 2007 Page 19 of 40 f. It is recognized by COUNTY and MIFD that harmonious and productive relationships between all personnel are necessary. Teamwork and cooperation is encouraged and expected. g. Applicable COUNTY and/or CITY policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed. 3. COMMUNICATION AND DISPATCH a. COUNTY and MIFD staff will assure all personnel operate on the appropriate radio frequency, unit identifier dispatch and zone coverage protocol in accordance with Computer Aided Dispatch (CAD) and the CCFCA Communications ManuaL Designated assignments are outlined as follows: 1. Medical Director approved Emergency Medical Dispatch (EMD) Models shall be designed to assure the initial response of appropriate ALS licensed apparatus. 11. COUNTY and Marco Island Fire Department (hereinafter "MIFD") chief officers will utilize available MIFD licensed resources to assure ALS coverage is continuously maintained within the City 0 f Marco Island. 111. COUNTY and MIFD chief officers will assure licensed and non- licensed ALS assets will respond to out,of-district emergencies or coverage when identified by CAD as the closest available ALS unit. b. Applicable COUNTY and/or CITY policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed. 4. DOCUMENTATION a. The first arriving licensed and non-licensed ALS unit will document each patient contact in a hand written Patient Care Report (PCR). The PCR must record any notations from on-scene patient treatment, patient identifying data completed and collected prior to transfer of patient care, AR number, Dispatch times, and crew signatures with State paramedic or EMT license numbers. When ALS units arrive at the same time, the PCR will be completed by the transporting unit. Shift PCRs are to be collected in a secured envelope with completed coversheet and submitted to the appropriate EMS representative. b. Before the end of shift, an accurate and complete EMS2000 report will be electronically transmitted for each patient contact 100% of the time. All BLS/ ALS procedures performed by the personnel assigned to the ALS response will be fully documented. "CHART" format with documented "BSI" is required. 8 Agenda Item No. 101 May 22, 2007 Page 20 of 40 c. Prior to 0900hrs, or as call volume permits, Battalion 50 or designee must fax or email a complete ALS Engine Staffing Report to Battalion 81's office. An updated report will be provided to Battalion 81 prior to or at the end of shift to reflect staffing changes during that tour. Battalion 81 will fax a complete EMS Staffing report to Battalion 50's office. 5. QUALITY ASSURANCE a. MIFD will appoint a Medical Director approved "Quality Assurance (QA) member to participate on the ALS Non,Transport Quality Assurance Committee, and will be granted privileges to enable them to review their department's EMS 2000 PCRs. b. At the discretion of the Medical Director or designee, routine or informational QA Review may be handled by the MIFD member. The QA Committee will provide the member with appropriate documentation detailing the area of interest. The member shall review and complete the material with the MIFD personnel and return all necessary documentation to the ALS Non-Transport QA Committee within thirty [30] calendar days. c. In the event the Medical Director orders remediation, the QA member shall be present understanding that confidential medical information will be discussed. If a significant issue is identified by the QA Committee, the EMT or Paramedic may be immediately prohibited from providing patient care until all processes are completed. 6. TRAINING a. MIFD will appoint a Medical Director approved "EMS Training person(s)" to work as an adjunct for the Collier County EMS Training Center so to instruct MIFD personnel in pre-hospital medicine and protocoL b. The MIFD Training person(s) is qualified to instruct MIFD firefighter paramedics or EMTs Medical Director approved in-services, certifications, classes, etc. c. Any curriculum taught by the MIFD EMS Training person(s) must be submitted with a complete student roster to the Medical Director in order to qualify for County accreditation. In addition, the EMS Training person(s) will be granted privileges to EMS 2000 to accurately record continuing education hours of any personnel completing their training. d. MIFD will provide to the State Fire College appropriate approved training documentation for recognized State approved fire classes. 9 Agenda Item No.1 01 May 22, 2007 Page 21 of 40 INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT PARTNERSHIP BETWEEN COLLIER COUNTY AND EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT THIS INTERLOCAL AGREEMENT, made and entered into this _ day of 2007, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter called the "COUNTY") and the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, an Independent Special District of the County of Collier, State of Florida, created under Chapter 61-2032, Laws of Florida, and its successors, (hereinafter "EAST NAPLES"). PURPOSE The purpose of this interlocal agreement is to provide quality and cost effective fire rescue and emergency medical services to the residents of the EAST Naples district and Collier County. The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve. WITNESSETH WHEREAS, EAST NAPLES and COUNTY seek to enhance emergency service further through a continued partnership; and WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for an EAST NAPLES Firefighter/Paramedic and/or FirefighterlEmergency Medical Technician, (hereinafter "EMT'), to work and train on a COUNTY Advanced Life Support (hereinafter "ALS") Transport Unit providing firefighter / paramedic duties and/or basic life support EMT duties; and WHEREAS, The ALS partnership provides for a COUNTY Paramedic/Firefighter to work and train on an EAST NAPLES Fire-Rescue unit providing firefighting and paramedic duties; and WHEREAS, EAST NAPLES and COUNTY work cooperatively to assure appropriate response of sufficient emergency medical resources, NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and EAST NAPLES agree as follows: SECTION I: DEFINITIONS 1.0 ALS means treatment of Jife.threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by a qualified person, pursuant to rules of the COUNTY Medical Director 1.1 BLS means treatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen, and other techniques which have been approved and are performed under conditions specified by rules of the COUNTY Medical Director. 1.2 FTO means to a Field Training Officer; a certified paramedic recognized by the Medical Director as having sufficient skill and experience to train and direct medical providers in working under the approved medical protocols. 1.3 ~ means to Quality Assurance! Quality Improvement which is the Medical Director approved program which assesses and monitors the medical performance of Paramedics and Emergency Medical Technicians. 1.4 ~means to the Patient Care Record which chronicles the medical treatment of the patient. 1.5 MOD means to a Memorandum of Understanding between agencies. Agenda item No. 101 May 22, 2007 Page 22 of 40 i.6 Licensed means a non-transporting ALS fire apparatus and rapid response vehicle operating under the ALS license issued to COUNTY Emergency Medical Services Department (hereinafter "EMS") for the purpose of enhancing 911 medical responses. 1. 7 Non-licensed means to any response vehicle that is not required by State Statute to be licensed, but is authorized by the Medicai Director. SECTION II: COUNTY'S RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of the COUNTY: 2.0 The COUNTY will provide through the County's Emergency Medical Services (EMS) Department; medical direction, medical protocols, training and quality assurance on a countywide basis. 2.1 The COUNTY will maintain at least one (i) ALS transport unit staffed by EAST NAPLES and the COUNTY under the Board of Commissioner's authority pursuant to the current Chapter 40i. Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code) at COUNTY Station 22 as a first-due apparatus on all medicai, rescue and fIre incidents. 2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code, will license a totai of two (2), EAST NAPLES fire apparatus or response vehicles as non,transporting ALS vehicle(s) under the COUNTY EMS license for the purpose of enhancing 911 medical responses. 2.3 The COUNTY will provide the initial ALS equipment and medical supplies to all County recognized licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response vehicles, staffed 365 days per year, 24 hours per day including those stationed at the following locations: 1. Engine 20, 4798 Davis Blvd., Naples 2. Engine 23, 6055 Collier Blvd., Naples 2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as identified in 2.3 and mutually agreed upon, under the COUNTY EMS license during the term of this Interlocai Agreement. 2.5 The COUNTY EMS Department will provide one (i) ParamediciFirefighter to EAST NAPLES 365 days per year, 24 hours per day to be utilized on fire apparatus vehicle(s) located at EAST NAPLES Station 23 and licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter 40i, Fla. Slat. and Subtitle 64E-2, Fla. Admin. Code. 2.6 As pursuant to Chapter 40i, Fla. Stat. and Subtitled 64E-2, Fla. Admin. Code, EAST NAPLES may operate any of their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder when a paramedic does not staff the vehicle. SECTION III: EAST NAPLES' RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of EAST NAPLES: 3.0 EAST NAPLES will provide through EAST NAPLES' Fire Rescue Department; Incident Command, incident safety direction, fire rescue standard operating guidelines and training on a regional basis. 3.i EAST NAPLES will maintain two (2) ALS apparatus, licensed and equipped by the COUNTY, at locations referenced in Section 2.3. These unites) will be designated within the County Sherriffs Office Computer Aided Dispatch (CAD) program to automatically respond to medical incidents with, or in place of, an ALS transport unit committed to a previous medical, rescue or fire operation in accordance with the COUNTY's Emergency Medical Dispatch protocol as an emergency medical response and/or fire suppression vehicle. 3.2 EAST NAPLES will comply with medical protocol, and will participate in medicai training and quality assurance programs in accord with the COUNTY. 3.3 EAST NAPLES will provide one (i) Firefighter/Paramedic or FirefighteriEMT to the COUNTY 365 days per year, 24 hours per day to be utilized on the ALS transport unit assigned to COUNTY Station 22. 3.4 EAST NAPLES may provide at least one (i) MOU Training Coordinator, approved by the medical director, to function as a Field Training Officer (FTO) / Supervisor for EAST NAPLES Paramedic and EMT training. 3.5 EAST NAPLES will designate a representative to the COUNTY a Medical Director approved Quality Assurance member to participate on the ALS Non-Transport Quality Assurance Committee. Agenda Item No, 101 May 22, 2007 Page 23 of 40 3,6 EAST NAPLES may provide additional non-licensed ALS vehicles when paramedic staffing permits, 3,7 EAST NAPLES may provide additional medical equipment and advanced service with the approval of the COUNTY, 3,8 EAST NAPLES shall be responsible for replacing expendable medical supplies and for the cost of repair and maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles, SECTION IV: MUTUAL CONVENANTS 4,0 The COUNTY in coordination with EAST NAPLES will be responsible for verifYing that EAST NAPLES FirefighterlParamedics and/or Firefighter/EMTS meet all requirements for State licensure and recertification as Florida Certified Paramedics and/or EMTs, EAST NAPLES in coordination with the County will be responsible for verifYing that the COUNTY Paramedic/Firefighters meet all requirements for licensure and recertification as required by law (e.g., Florida Statutes, Florida Administrative Code, and rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training.) 4.1 The COUNTY and EAST NAPLES will provide each other's department employees similar training and internship programs as would be provided for a COUNTY or EAST NAPLES employed Firefighter/Paramedic or Firefighter/EMT, 4.2 Necessary qualifications for both EAST NAPLES and COUNTY firefighter/paramedics will be cooperatively developed and defined within the Collier County Fire Chiefs' Association (CCFCA) Firefighter Cross Training Program, and Collier County Medical Director's Paramedic Qualification/Certification Matrix. 4.3 The COUNTY and EAST NAPLES will work cooperatively to identifY and request appropriate grants in order to improve the operations and service capabilities of both departments. 4.4 The operational decision to change the location of either apparatus assignment identified in sections 2.1 or 3.3 may be changed by mutual written consent between the Chief of the East Naples Fire Rescue and COUNTY's County Manager or his designee (e.g, Chief of EMS), SECTION V: OPERATING PROCEDURES 5.0 EAST NAPLES Firefighter/Paramedics and FirefighterlEMTs will meet the same requirements and perform at the appropriate medical protocol as defined by the COUNTY EMS Medical Director, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department 5.1 EAST NAPLES Firefighter/Paramedics shall be certified to perform as ALS Engine Paramedics under current medical protocoL The COUNTY EMS Medical Director shall regularly evaluate the skills of EAST NAPLES Paramedics for consideration of expanding the medical protocol under which they perform. 5.2 The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements and perform under the same Fire specialized response protocols, standard operating procedures and chain of command as employees of EAST NAPLES, 5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent between the Chief of the East Naples Fire Rescue and COUNTY's County Manager or his designee (e,g, Chief of EMS). Such revisions must not conflict with the terms and standards set forth in this Agreement. 5.4 Licensed and non-licensed ALS vehicles, programs personnel or details may be developed and implemented by joint agreement and in cooperation between EAST NAPLES and COUNTY, Such resources may not conflict with the standards set forth in this agreement. 5.5 EAST NAPLES and COUNTY EMS Department will recognize the respective ranks and abilities of assigned personnel. 5.6 All discipline and investigations leading to discipline will be handled by the respective employing agency. 5,7 EAST NAPLES and COUNTY will utilize Command Staff and assets for logistical, support, and operational needs for national, state and local emergencies. 5.8 The State of Florida recognized Incident Management System (IMS) is the standard for emergency operations, EAST NAPLES shall assume command and control of all incidents where EAST NAPLES is the Authority Having Jurisdiction. In all instances where EAST NAPLES has established command, COUNTY EMS shall assume responsibility for, and be in charge of, patient care. Agenda Item No, 101 May 22, 2007 Page 24 of 40 5,9 The COUNTY and EAST NAPLES will jointly develop medical recordkeeping procedures and share statistical data, SECTION VI: RESOLUTION OF CONFLICTS 6.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen circumstances come into conflict, issues will immediately be decided in the following manner; 1. First and foremost by the medical needs of the patient and responder safety 2. The COUNTY will have jurisdiction of medical issues concerning appropriate patient care. 3. EAST NAPLES will have jurisdiction of flTe/rescue issues concerning operations and safety. 4. Conflicts involving patient care issues will be resolved through a QA/QI process. 5. Should conflicts arise that are unresolvable, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. SECTION VII: AGREEMENT TERM 7.0 This Interlocal Agreement supersedes the agreement titled "Interlocal Agreement Advanced Life Support Engine Partnership, between the EAST NAPLES and COUNTY, dated July 31, 2001. 7.1 The Interlocal Agreement shall remain in full force and effect from the date first above written and shall terminate after written notice of termination. 7.2 This Interlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years. Absent termination or amendment to this Interlocal Agreement, the term of this lnterlocal Agreement will automatically renew in (3) three year periods. Nothing within this Agreement shall preclude review and amendment of any provision within the three (3) year period or successive renewal periods when such amendment is mutually agreed to in writing by the COUNTY and EAST NAPLES, 7.3 Either the COUNTY or the EAST NAPLES may terminate this Interlocal Agreement after providing written notice of its intent to terminate at least ninety (90) days in advance of the date oftennination. 7,4 In the event that the COUNTY's Medical Director determines that the EAST NAPLES failure to fulfill any of the obligations under this Agreement adversely affects or may adversely affect the medical needs of the patient and/or responder safety, EMS may provide written notice to EAST NAPLES of its intent to recommend that the Bee terminate this Agreement. BeC consideration of termination of this Agreement must occur at the next available regular meeting of the Bee. Advance notice of the Bee meeting date and agenda item must be provided to the Medical Director and EAST NAPLES. Unless otherwise determined by the Bee at the meeting, the notice of intent to recommend that the Bee terminate this Agreement shall be deemed to be fully sufficient and to have commenced the (90) ninety day notice period. In the alternative, the BeC at the meeting may, after receiving information from the Medical Director and EAST NAPLES, terminate this Agreement without further action or notice to the EAST NAPLES, Nothing in this Agreement shall limit the authority of the Medical Director as set forth in the Florida Statutes and the Florida Administrative Code. 7.5 The terminating party must also provide the non-terminating palty's representatives with an opportunity to consult with the terminating party's representatives regarding the reason(s) for termination during the notice periods provided in Section VII of this Agreement. SECTION VIII: INSURANCE 8,0 EAST NAPLES and COUNTY shall maintain insurance in the minimum amounts and types required by Florida State Statues, 8,1 EAST NAPLES and COUNTY agree that either party may be self-insured on the condition that all self- insurance must comply with all State laws and regulations and must meet with the approval of the other party to this Interlocal Agreement. 8.2 To the extent permitted by law and as limited by and pursuant to the provisions of Florida Statutes, Section 768.28 EAST NAPLES and COUNTY agree to hold harmless the other, their employees and agents against any and all claims and/or damages by or behalf of any person, employee or legal entity arising from their Agenda Item No, 101 May 22, 2007 Page 25 of 40 respective negligent acts pursuant to this agreement that allows employees of the other to occupy and ride in each other's vehicles. Nothing is intended to alter either party's immunity in tort or otherwise impose liability on EAST NAPLES or the COUNTY when it would not otherwise be responsible, SECTION IX: MISCELLANEOUS 9,0 This Interlocal Agreement shall be governed by and construed under the laws of the Stale of Florida, In the event any litigation is instituted by way of construction or enforcement of the lnterlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses, including reasonable Attorney's fees. 9.1 It is understood that this Interlocal Agreement must be executed by both parties prior to EAST NAPLES and COUNTY commencing with the work, services, duties and responsibilities described heretofore. 9.2 Prior to its effectiveness, this lnterlocal Agreement and any subsequent amendments shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS l63.oI (II), The COUNTY shall file said agreement as soon as practicable after approval and execution by both parties. IN WITNESS WHEREOF. the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Jim Coletta., Chairman ATTEST Dwight E, Brock, Clerk Approval as to form and legal Sufficiency: EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT BY: Jennifer A Belpedio Assistant County Attorney Thomas G. Cannon, Chairman Agenda Item No, 101 May 22, 2007 Page 26 of 40 ATTACHMENT A COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT AND EAST NAPLES FIRE AND RESCUE DEPARTMENT ALS PARTNERSHIP OPERATIONS PLAN REFERENCE: ALS Program Interlocal Agreement, ,2007 PURPOSE: To provide quality and cost effective fire rescue and emergency medical services to the residents of EAST NAPLES (ENFD) and Collier County (COUNTY). The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve, L QUALIFICATION REQUIREMENTS a, COUNTY Paramedic/Firefighters utilized on designated fire apparatus must maintain the fo llowing valid and current qualifications: \, Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11, Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification; 111. Emergency Vehicle Operator Certification in accordance with F,AC. Chapter 64E; IV, Collier County Medical Director's Paramedic Certification/Qualification Matrix Rescue Paramedic and; v, Collier County Fire Chiefs' Association Firefighter Cross Training Certification, b, ENFD Firefighters utilized on the County Medic unit must maintain the following valid and current qualifications: \, Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); \1. Florida Bureau of Emergency Medical services and Community Health Resources EMT or Paramedic Certification; 111. Emergency Vehicle Operator Certification in accordance with F,AC. Chapter 64E and; Agenda Item No, 101 May 22, 2007 Page 27 of 40 IV, Collier County Medical Director's Orientation, as referenced in the Collier County Medical Director's Paramedic Certification/Qualification Matrix c, At least one ENFD Firefighter/Paramedic utilized on licensed ENFD ALS apparatus or vehicle must maintain the following valid and current qualifications; I. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); II. Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification and; III, Emergency Vehicle Operator Certification in accordance with F,AC. Chapter 64E and; IV, Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above, d, ENFD Firefighter/Paramedics utilized in non-licensed apparatus or assignments must maintain the following valid and current qualifications; I, Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11, Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification and; 111. Emergency Vehicle Operator Certification in accordance with F,AC. Chapter ME and; tV, Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above, 2, SCHEDULING AND POSITION ASSIGNMENTS a, The COUNTY and ENFD Chiefs or their designee, must approve all Exchange Program participants, b, The COUNTY Battalion Chief 80 and ENFD Captain 20 will consult openly in order to assure continuity and efficiency, c, The COUNTY will continuously provide ENFD with one [I] COUNTY Paramedic/Firefighter as qualified within Section I,a for use on a designated ALS apparatus or vehicle, d, ENFD will continuously provide the COUNTY with one [1] ENFD Firefighter as qualified within Section I,b, for use on the appropriate designated apparatus or vehicle, e, Exchange Program participants will participate in appropriate on-duty training, station duties and unit assignments in accordance with assignment and rank Agenda Item No, 101 May 22, 2007 Page 28 of 40 f. It is recognized by COUNTY and ENFD that harmonious and productive relationships between all personnel are necessary, Teamwork and cooperation is encouraged and expected. g, Applicable COUNTY and/or EAST NAPLES policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed, 3, COMMUNICATION AND DISPATCH a, COUNTY and ENFD staff will assure all personnel operate on the appropriate radio frequency, unit identifier dispatch and zone coverage protocol in accordance with Computer Aided Dispatch (CAD) and the CCFCA Communications Manual. Designated assignments are outlined as follows: 1. Medical Director approved Emergency Medical Dispatch (EMD) Models shall be designed to assure the initial response of appropriate ALS licensed apparatus. 11. COUNTY and ENFD chief officers will utilize available ENFD licensed resources to assure ALS coverage is continuously maintained within EAST NAPLES, 111. COUNTY and ENFD chief officers will assure licensed and non-licensed ALS assets will respond to out-of-district emergencies or coverage when identified by CAD as the closest available ALS unit b, Applicable COUNTY and/or EAST NAPLES policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed, 4, DOCUMENTATION a, The first arriving licensed and non-licensed ALS unit will document each patient contact in a hand written Patient Care Report (PCR), The PCR must record any notations from on-scene patient treatment, patient identifying data completed and collected prior to transfer of patient care, AR number, Dispatch times, and crew signatures with State paramedic or EMT license numbers, When ALS units arrive at the same time, the PCR will be completed by the transporting unit Shift PCRs are to be collected in a secured envelope with completed coversheet and submitted to the appropriate EMS representative, Agenda Item No, 101 May 22, 2007 Page 29 of 40 b, Before the end of shift, an accurate and complete EMS2000 report will be electronically transmitted for each patient contact 100% of the time, All BLS/ ALS procedures performed by the personnel assigned to the ALS response will be fully documented, "CHART" format with documented "BSI" is required. c, Prior to 0900hrs, or as call volume permits, Captain 20 or designee must fax or email a complete ALS Engine Staffing Report to Battalion 81's office, An updated report will be provided to Battalion 8 I prior to or at the end of shift to reflect staffing changes during that tour. Battalion 8 I will fax a complete EMS Staffing report to Captain 20's office, 5, QUALITY ASSURANCE a, ENFD will appoint a Medical Director approved "Quality Assurance (QA) member to participate on the ALS Non-Transport Quality Assurance Committee, and will be granted privileges to enable them to review their department's EMS 2000 PCRs, b, At the discretion of the Medical Director or designee, routine or informational QA Review may be handled by the ENFD member. The QA Committee will provide the member with appropriate documentation detailing the area of interest The member shall review and complete the material with the ENFD personnel and return all necessary documentation to the ALS Non-Transport QA Committee within thirty [30] calendar days, c, In the event the Medical Director orders remediation, the QA member shall be present understanding that confidential medical information will be discussed, If a significant issue is identified by the QA Committee, the EMT or Paramedic may be immediately prohibited from providing patient care until all processes are completed, 6, TRAINING a, ENFD will appoint a Medical Director approved "EMS Training person(s)" to work as an adjunct for the Collier County EMS Training Center so to instruct ENFD personnel in pre-hospital medicine and protocol. b, The ENFD Training person(s) is qualified to instruct ENFD firefighter paramedics or EMTs Medical Director approved in-services, certifications, classes, etc, c, Any curriculum taught by the ENFD EMS Training person(s) must be submitted with a complete student roster to the Medical Director in order to qualify for County accreditation, In addition, the EMS Training person(s) will be granted privileges to EMS 2000 to accurately record continuing education hours of any personnel completing their training, Agenda Item No, 101 May 22, 2007 Page 30 of 40 d. ENFD will provide to the State Fire College appropriate approved training documentation for recognized State approved fire classes, 07-EMS-00081/2 Agenda Item No, 101 May 22, 2007 Page 31 of 40 INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT PARTNERSHIP BETWEEN COLLIER COUNTY AND NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT THIS INTERLOCAL AGREEMENT, made and entered into this _ day of 2007, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter called the "COUNTY") and the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT, an Independent Special District of the County of Collier, State of Florida, created under Chapter 61-2032, Laws of Florida, and its successors, (hereinafter "NORTH NAPLES"), PURPOSE The purpose of this interlocal agreement is to provide quality and cost effective fire rescue and emergency medical services to the residents of the North Naples district and Collier County. The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve. WITNESSETH WHEREAS, NORTH NAPLES and COUNTY seek to enhance emergency service further through a continued partnership; and WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for an NORTH NAPLES FirefighterlParamedic and/or Firefighter/Emergency Medical Technician, (hereinafter "EMT"), to work and train on a COUNTY Advanced Life Support Transport Unit providing firefighter I paramedic duties andlor basic life support EMT duties; and WHEREAS, The ALS partnership provides for a COUNTY Paramedic/Firefighter to work and train on an NORTH NAPLES Fire-Rescue unit providing firefighting and paramedic duties; and WHEREAS, NORTH NAPLES and COUNTY work cooperatively to assure appropriate response of sufficient emergency medical resources, NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and NORTH NAPLES agree as follows: SECTION I: DEFINITIONS 1.0 ALS means treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by a qualified person, pursuant to rules of the COUNIT Medical Director 1.1 BLS means treatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen, and other techniques which have been approved and are performed under conditions specified by rules of the COUNTY Medical Director. 1.2 FrO means to a Field Training Officer; a certified paramedic recognized by the Medical Director as having sufficient skill and experience to train and direct medical providers in working under the approved medical protocols. 1.3 Q6LQ! means to Quality Assurancel Quality Improvement which is the Medical Director approved program which assesses and monitors the medical performance of Paramedics and Emergency Medical Technicians. 1.4 ~means to the Patient Care Record which chronicles the medical treatment of the patient. 1.5 MOU means to a Memorandum of Understanding between agencies. Agenda Item No, 101 May 22, 2007 Page 32 of 40 1.6 Licensed means a non-transporting ALS fire apparatus and rapid response vehicle operating under the ALS license issued to COUNTY Emergency Medical Services Department (hereinafter "EMS") for the purpose of enhancing 911 medical responses, 1.7 Non-licensed refers to any response vehicle that is not required by State Statute to be licensed, but is authorized by the Medical Director, SECTION II: COUNTY'S RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of the COUNTY: 2,0 The COUNTY will provide through the County's Emergency Medical Services (EMS) Department; medical direction, medical protocols, training and quality assurance on a countywide basis. 2,1 The COUNTY will maintain at least one (I) ALS transport unit staffed by NORTH NAPLES and the COUNTY under the Board of Commissioner's authority pursuant to the current Chapter 401. Fla. Stat. and Subtitle 64E-2, Fla, Admin, Code) at NORTI! NAPLES Station 44 as a first-due apparatus on all medical, rescue and fire incidents. 2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla, Stat. and Subtitle 64E-2, Fla, Admin. Code, will license a total of seven (7), NORTH NAPLES fire apparatus or response vehicles as non-transporting ALS vehicle(s) under the COUNTY EMS license for the purpose of enhancing 911 medical responses. 2.3 The COUNTY will provide the initial ALS equipment and medical supplies to all County recognized licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response vehicles, staffed 365 days per year, 24 hours per day including those stationed at the following locations: 1. Engine (Ladder) 40,1441 Pine Ridge Road, Naples 2, Engine 42,7010 Immokalee Road, Naples 3, Engine (Ladder) 43, 16325 Vanderbilt Drive, Bonita Springs 4, Engine (Tower) 44, 8970 Hammock Oak Drive, Naples 5, Engine 45, 1885 Veterans Park Drive, Naples 6, Engine 46, 3410 Pine Ridge Road, Naples 7, Engine 47, 2795 North Airport-Pulling Road, Naples 2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as identified in 2.3 and mutually agreed upon, under the COUNTY EMS license during the term of this Interlocal Agreement. 2,5 The COUNTY EMS Department will provide one (I) Paramedic/Firefighter to NORTH NAPLES 365 days per year, 24 hours per day to be utilized on fire apparatus vehicle(s) located at NORTH NAPLES Station 44 and licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter 401, Fla, Stat, and Subtitle 64E-2, Fla. Admin, Code, 2,6 As pursuant to Chapter 401, Fla, Stat. and Subtitled 64E-2, Fla, Admin. Code, NORTH NAPLES may operate any of their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder when a paramedic does not staff the vehicle. SECTION III: NORTH NAPLES' RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of NORTH NAPLES: 3,0 NORTH NAPLES will provide through NORTH NAPLES' Fire Rescue Department; Incident Command, incident safety direction, fire rescue standard operating guidelines and training on a regional basis. 3.1 NORTH NAPLES will maintain seven (7) ALS apparatus, licensed and equipped by the COUNTY, at locations referenced in Section 2.3, These unites) will be designated within the County Sherriffs Office Computer Aided Dispatch (CAD) program to automatically respond to medical incidents with, or in place of, an ALS transport unit committed to a previous medical, rescue or fire operation in accordance with the COlJNTY's Emergency Medical Dispatch protocol as an emergency medical response and/or fire suppression vehicle. 3.2 NORTH NAPLES will comply with medical protocol, and will participate in medical training and quality assurance programs in accord with the COUNTY. Agenda Item No, 101 May 22, 2007 Page 33 of 40 3.3 NORTH NAPLES will provide one (I) Firefighter/Paramedic or Firefighter/EMT to the COUNTY 365 days per year, 24 hours per day to be utilized on the ALS transport unit assigned to COUNTY Station 44. 3,4 NORTH NAPLES may provide at least one (1) MOU Training Coordinator, approved by the medical director, to function as a Field Training Officer (FTO) / Supervisor for NORTH NAPLES Paramedic and EMT training, 3.5 NORTH NAPLES will designate a representative to the COUNTY a Medical Director approved Quality Assurance member to participate on the ALS Non-Transport Quality Assurance Committee. 3,6 NORTH NAPLES may provide additional non-licensed ALS vehicles when paramedic staffing permits, 3,7 NORTH NAPLES may provide additional medical equipment and advanced service with the approval of the COUNTY, 3,8 NORTH NAPLES shall be responsible for replacing expendable medical supplies and for the cost of repair and maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles, SECTION IV: MUTUAL CONVENANTS 4,0 The COUNTY in coordination with NORTH NAPLES will be responsible for verifYing that NORTH NAPLES Firefighter/Pararnedics and/or FirefighterlEMTS meet all requirements for State licensure and recertification as Florida Certified Paramedics and/or EMTs. NORTH NAPLES in coordination with the County will be responsible for verifying that the COUNTY ParamediclFirefighters meet all requirements for licensure and recertification as required by law (e.g., Florida Statutes, Florida Administrative Code, and rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training.) 4,1 The COUNTY and NORTH NAPLES will provide each other's department employees similar training and internship programs as would be provided for a COUNTY or NORTH NAPLES employed Firefighter/Paramedic or firefighter/EMT. 4.2 Necessary qualifications for both NORTH NAPLES and COUNTY firefighter/paramedics will be cooperatively developed and defined within the Collier County Fire Chiefs' Association (CCFCA) Firefighter Cross Training Program, and Collier County Medical Director's Paramedic Qualification/Certification Matrix. 4.3 The COUNTY and NORTH NAPLES will work cooperatively to identifY and request appropriate grants in order to improve the operations and service capabilities of both departments. 4.4 The operational decision to change the location of either apparatus assignment identified in sections 2.1 or 3.3 may be changed by mutual written consent bern'een the Chief of the North Naples Fire Rescue and COUNTY's County Manager or his designee (e.g, Chief of EMS), SECTION V: OPERATING PROCEDURES 5,0 NORTH NAPLES Firefighter/Paramedics and Firefighter/EMTs will meet the same requirements and perform at the appropriate medical protocol as defined by the COUNTY EMS Medical Director, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. 5.1 NORTH NAPLES Firefighter/Paramedics shall be certified to perform as ALS Engine Paramedics under current medical protocol. The COUNTY EMS Medical Director shall regularly evaluate the skills of NORTH NAPLES Paramedics for consideration of expanding the medical protocol under which they perform, 5.2 The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements and perform under the same Fire specialized response protocols, standard operating procedures and chain of command as employees of NORTH NAPLES, 5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent between the Chief of the North Naples Fire Rescue and COUNTY's County Manager or his designee (e,g, Chief of EMS). Such revisions must not conflict with the terms and standards set forth in this Agreement. 5.4 Licensed and non-licensed ALS vehicles, programs personnel or details may be developed and implemented by joint agreement and in cooperation between NORTH NAPLES and COUNTY, Such resources may not conflict with the standards set fOlih in this agreement. Agenda Item No, 101 May 22, 2007 Page 34 of 40 5.5 NORTH NAPLES and COUNTY EMS Department will recognize the respective ranks and abilities of assigned personnel. 5,6 All discipline and investigations leading to discipline will be handled by the respective employing agency, 5,7 NORTH NAPLES and COUNTY will utilize Command Staff and assets for logistical, support, and operational needs for national, state and local emergencies. 5,8 The State of Florida recognized Incident Management System (IMS) is the standard for emergency operations, NORTII NAPLES shall assume command and control of all incidents where NORTH NAPLES is the Authority Having Jurisdiction, In all instances where NORTH NAPLES has established command, COUNTY EMS shall assume responsibility for, and be in charge of, patient care, 5,9 The COUNTY and NORTII NAPLES will jointly develop medical recordkeeping procedures and share statistical data. SECTION VI: RESOLUTION OF CONFLICTS 6.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen circumstances come into conflict, issues will immediately be decided in the following manner; 1. First and foremost by the medical needs of the patient and responder safety 2. The COUNTY will have jurisdiction of medical issues concerning appropriate patient care. 3. NORTH NAPLES will have jurisdiction of fire/rescue issues concerning operations and safety, 4. Conflicts involving patient care issues will be resolved through a QA/QI process. 5. Should conflicts arise that are unresolvable, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. SECTION VII: AGREEMENT TERM 7.0 This Interlocal Agreement supersedes the agreement titled "'Interlocal Agreement Advanced Life Support Engine Partnership, between the NORTH NAPLES and COUNTY, dated April 26, 2005, 7.1 The Interlocal Agreement shall remain in full force and effect from the date first above written and shall terminate after written notice of termination. 7.2 This Interlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years. Absent termination or amendment to this lnterlocal Agreement, the term of this Interlocal Agreement will automatically renew in (3) three year periods. Nothing within this Agreement shall preclude review and amendment of any provision within the three (3) year period or successive renewal periods when such amendment is mutually agreed to in writing by the COUNTY and NORTH NAPLES, 7.3 Either the COUNTY or NORTH NAPLES may terminate this Interloca\ Agreement after providing written notice of its intent to terminate at least ninety (90) days in advance of the date of termination. 7,4 In the event that the COUNTY's Medical Director determines that NORTH NAPLES's failure to fulfill any of the obligations under this Agreement adversely affects or may adversely affect the medical needs of the patient and/or responder safety, EMS may provide written notice to NORTH NAPLES of its intent to recommend that the Bee terminate this Agreement. Bee consideration of termination of this Agreement must occur at the next available regular meeting of the BCe. Advance notice of the Bee meeting date and agenda item must be provided to the Medical Director and NORTH NAPLES , Unless otherwise determined by the Bee at the meeting, the notice of intent to recommend that the Bee terminate this Agreement shall be deemed to be fully sufficient and to have commenced the (90) ninety day notice period, In the alternative, the BeC at the meeting may, after receiving information from the Medical Director and NORTH NAPLES, terminate this Agreement without further action or notice to NORTH NAPLES, Nothing in this Agreement shall limit the authority of the Medical Director as set forth in the Florida Statutes and the Florida Administrative Code. 7.5 The terminating party must also provide the non-terminating party's representatives with an opportunity to consult with the terminating party's representatives regarding the reason(s) for termination during the notice periods provided in Section VII of this Agreement. Agenda Item No, 101 May 22, 2007 Page 35 of 40 SECTION VIII: INSURANCE 8,0 NORTH NAPLES and COUNTY shall maintain insurance in the minimum amounts and types required by Florida Stale Statutes, 8,1 NORTH NAPLES and COUNTY agree that either party may be self-insured on the condition that all self- insurance must comply with all State laws and regulations and must meet with the approval of the other party to this Interlocal Agreement. 8.2 To the extent permitted by law and as limited by and pursuant to the provisions of Florida Statutes, Section 768.28 NORTH NAPLES and COUNTY agree to hold harmless the other, their employees and agents against any and all claims and/or damages by or behalf of any person, employee or legal entity arising from their respective negligent acts pursuant to this agreement that allows employees of the other to occupy and ride in each other's vehicles. Nothing is intended to alter either party's immunity in tort or otherwise impose liability on NORTH NAPLES or the COUNTY when it would not otherwise be responsible, SECTION IX: MISCELLANEOUS 9,0 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida, In the event any litigation is instituted by way of construction or enforcement of the Interlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses, including reasonable Attorney's fees. 9,1 It is understood that this Interlocal Agreement must be executed by both parties prior to NORTH NAPLES and COUNTY commencing with the work, services, duties and responsibilities described heretofore. 9.2 Prior to its effectiveness, this lnterlocal Agreement and any subsequent amendments shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163,01 (11), The COUNTY shall file said agreement as soon as practicable after approval and execution by both parties. IN WITNESS WHEREOF. the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA ATTEST Dwight E, Brock, Clerk By: Jim Coletta., Chairman Approval as to form and legal Sufficiency: NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Jennifer A Belpedio Assistant County Attorney BY: J. Christopher Lombardo, Chairman Agenda Item No, 101 May 22, 2007 Page 36 of 40 ATTACHMENT A COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT AND NORTH NAPLES FIRE AND RESCUE DEPARTMENT ALS PARTNERSHIP OPERATIONS PLAN REFERENCE: ALS Program Interlocal Agreement, ,2007 PURPOSE: To provide quality and cost effective fire rescue and emergency medical services to the residents of NORTH NAPLES (NNFD or NORTH NAPLES) and Collier County (COUNTY). The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve, L QUALIFICATION REQUIREMENTS a. COUNTY Paramedic/Firefighters utilized on designated fire apparatus must maintain the following valid and current qualifications: 1. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical services and Commllility Health Resources Paramedic Certification; 111. Emergency Vehicle Operator Certification in accordance with F.AC. Chapter 64E; IV, Collier COllilty Medical Director's Paramedic Certification/Qualification Matrix Rescue Paramedic and; v, Collier COllilty Fire Chiefs' Association Firefighter Cross Training Certification, b, NNFD Firefighters utilized on the COllilty Medic llilit must maintain the following valid and current qualifications: 1. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11, Florida Bureau of Emergency Medical services and Commllility Health Resources EMT or Paramedic Certification; 111. Emergency Vehicle Operator Certification in accordance with F,AC Chapter 64E and; Agenda Item No.1 01 May 22, 2007 Page 37 of 40 IV, Collier County Medical Director's Orientation, as referenced in the Collier County Medical Director's Paramedic Certification/Qualification Matrix c, At least one NNFD Firefighter/Paramedic utilized on licensed NNFD ALS apparatus or vehicle must maintain the following valid and current qualifications; I. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); II. Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification and; lll, Emergency Vehicle Operator Certification in accordance with F,AC. Chapter 64E and; IV, Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above, d, NNFD Firefighter/Paramedics utilized in non-licensed apparatus or assignments must maintain the following valid and current qualifications; I. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 1\, Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification and; 1\1. Emergency Vehicle Operator Certification in accordance with F,AC. Chapter ME and; IV, Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above, 2, SCHEDULING AND POSITION ASSIGNMENTS a, The COUNTY and NNFD Chiefs or their designee, must approve all Exchange Program participants, b, The COUNTY Battalion Chief 80 and NNFD Battalion Chief 40 will consult openly in order to assure continuity and efficiency, c, The COUNTY will continuously provide NNFD with one [I] COUNTY Paramedic/Firefighter as qualified within Section I,a for use on a designated ALS apparatus or vehicle, d, NNFD will continuously provide the COUNTY with one [I] NNFD Firefighter as qualified within Section I,b, for use on the appropriate designated apparatus or vehicle, e, Exchange Program participants will participate in appropriate on-duty training, station duties and unit assignments in accordance with assignment and rank Agenda Item No, 101 May 22, 2007 Page 38 of 40 f, It is recognized by COUNTY and NNFD that harmonious and productive relationships between all personnel are necessary, Teamwork and cooperation is encouraged and expected, g. Applicable COUNTY and/or NORTH NAPLES policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed, 3, COMMUNICATION AND DISPATCH a, COUNTY and NNFD staff will assure all personnel operate on the appropriate radio frequency, unit identifier dispatch and zone coverage protocol in accordance with Computer Aided Dispatch (CAD) and the CCFCA Communications Manual. Designated assignments are outlined as follows: I. Medical Director approved Emergency Medical Dispatch (EMD) Models shall be designed to assure the initial response of appropriate ALS licensed apparatus, 11, COUNTY and NNFD chief officers will utilize available NNFD licensed resources to assure ALS coverage is continuously maintained within NORTH NAPLES, 111. COUNTY and NNFD chief officers will assure licensed and non-licensed ALS assets will respond to out-of-district emergencies or coverage when identified by CAD as the closest available ALS unit b, Applicable COUNTY and/or NORTH NAPLES policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed, 4, DOCUMENTATION a. The first arriving licensed and non-licensed ALS unit will document each patient contact in a hand written Patient Care Report (PCR), The PCR must record any notations from on-scene patient treatment, patient identifying data completed and collected prior to transfer of patient care, AR number, Dispatch times, and crew signatures with State paramedic or EMT license numbers, When ALS units arrive at the same time, the PCR will be completed by the transporting unit Shift PCRs are to be collected in a secured envelope with completed coversheet and submitted to the appropriate EMS representative. Agenda Item No, 101 May 22, 2007 Page 39 of 40 b, Before the end of shift, an accurate and complete EMS2000 report will be electronically transmitted for each patient contact 100% of the time, All BLS/ ALS procedures performed by the personnel assigned to the ALS response will be fully documented, "CHART" format with documented "BSI" is required, c, Prior to 0900hrs, or as call volume permits, Battalion 40 or designee must fax or email a complete ALS Engine Staffing Report to Battalion 81 's office, An updated report will be provided to Battalion 81 prior to or at the end of shift to reflect staffing changes during that tour, Battalion 81 will fax a complete EMS Staffing report to Battalion 40's office, 5, QUALITY ASSURANCE a, NNFD will appoint a Medical Director approved "Quality Assurance (QA) member to participate on the ALS Non-Transport Quality Assurance Committee, and will be granted privileges to enable them to review their department's EMS 2000 PCRs, b, At the discretion of the Medical Director or designee, routine or informational QA Review may be handled by the NNFD member. The QA Committee will provide the member with appropriate documentation detailing the area of interest The member shall review and complete the material with the NNFD personnel and return all necessary documentation to the ALS Non-Transport QA Committee within thirty [30] calendar days, c, In the event the Medical Director orders remediation, the QA member shall be present understanding that confidential medical information will be discussed, If a significant issue is identified by the QA Committee, the EMT or Paramedic may be immediately prohibited from providing patient care until all processes are completed, 6, TRAINING a, NNFD will appoint a Medical Director approved "EMS Training person(s)" to work as an adjunct for the Collier County EMS Training Center so to instruct NNFD personnel in pre-hospital medicine and protocoL b, The NNFD Training person( s) is qualified to instruct NNFD firefighter paramedics or EMTs Medical Director approved in-services, certifications, classes, etc, c, Any curriculum taught by the NNFD EMS Training person(s) must be submitted with a complete student roster to the Medical Director in order to qualify for County accreditation, In addition, the EMS Training person(s) will be granted privileges to EMS 2000 to accurately record continuing education hours of any personnel completing their training, Agenda Item No, 101 May 22, 2007 Page 40 of 40 d. NNFD will provide to the State Fire College appropriate approved training documentation for recognized State approved fire classes. 07.EMS"()0079/2 Agenda Item No, 10J May 22, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants at an estimated cost of $90,000 Obiective: To obtain cost-effective and reliable transportation services for recreation program participants, Considerations: For the past eighteen years Collier County has entered into a transportation agreement with the District School Board of Collier County for the transportation of participants of recreation programs, particularly summer camp, Campers are typically taken from their base camp locations to educational and recreation attractions throughout the area, Most campers go on at least two field trips each week. Fourteen hundred children were enrolled in Parks Department summer camps in 2006, The School Board is the only provider that can meet the transportation needs 0 f the Parks Department summer camp program in a safe, reliable, and cost-effective manner. The Parks Department will use the services of School Board transportation under the provisions of Option A of the Agreement, wherein the School Board will provide buses and drivers at a rate of $2 L 75 per hour plus $2.1 0 per mile, This rate is calculated from the time the bus leaves the transportation bam to the time of its return. Leaal Considerations: The Agreement has been approved as to form and legal sufficiency by the County Attorney's office, Once executed, it will be effective until August 5, 2007--RZ, Fiscal Impact: Funds are budgeted in association with each camp location within FY 05 MSTD General Fund (Ill) Naples and Immokalee Parks and Golden Gate Community Center Fund (130), Total expense associated with this action is estimated at $90,000, Revenue in the form of summer camp program participant fees is budgeted to recover the expense, Growth Manaaement Impact: No Growth Management Impact is associated with this action, Recommendation: That the Board of County Commissioners authorize the Chairman to sign the Transportation Agreement with the District School Board of Collier County for the transportation of recreation program participants, Prepared by: Shari Ferguson, Regional Manager, Parks and Recreation Department Agenda Item No, 10J May 22, 2007 Page 2 016 SUMMER TRANSPORTATION CONTRACT THIS AGREEMENT made for the 2007 summer school recess, by and between the School District of Collier County, Florida and Board of County Commissioners, Collier County, Florida, WHEREAS, Chapter 1006 of the Florida Statues authorizes local school districts to enter into agreements with nonprofit corporations and nonprofit civic associations and groups for the transportation of school age children for activities sponsored by these organization, and WHEREAS, the Organization is a nonprofit corporation, nonprofit civic association, or governing body of a municipality, county, or state agency duly authorized to enter into this agreement and bind the Organization thereto, and WHEREAS, the School Board desires to assist the Organization in providing transportation to school age children for activities sponsored by the organization on the terms and conditions set forth herein, and WHEREAS, this agreement contemplates two (2) use options with concomitant reimbursement from the Organization to the School Board, IT IS THEREFORE AGREED: that the School Board shall provide buses, drivers and Exceptional Student Education ("ESE") attendants to the Organization in accordance with the terms of this agreement For the purposes of this agreement, an "operated mile" is defined as ever mile driven for each bus operated in support of the Organization's program, whether with passengers or not, and to include necessary trips to and from a School Board Transportation Department facility, Mileage will be recorded and billed by the School Board and will be paid as billed by the Organization, The parties further agree as follows: 1, Option A - Bus and Driver a, Organization shall reimburse the School Board for each vehicle with driver at the rate of $21 ,75 per hour and $2,10 per operated mile for each bus, If driver overtime is required the rate is $35,00 per hour. b, Organization will be billed a minimum of two hours plus mileage for each vehicle and driver. 2, Option B - Bus. Driver and ESE Attendant a, Organization shall reimburse the School Board at the rate above plus an additional $20.00 per hour for an attendant 3, The rates described in paragraph 1 above are based on conditions current as of March 14, 2007, In the event that these conditions change, for Agenda Item No, 10J May 22, 2007 Page 3 of 6 example, increased fuel or labor costs, the District shall have the right to pass those increased costs on to the Organization in the form of an increase in the rates shown in paragraph 1 above, 4, The Organization agrees that in the event of a cancellation, the School Board will be given at least 24 hours advance notice, In the event that notice of cancellation issued to the School Board is less than 24 hours, a 2 hour charge per vehicle will be due and payable to the School Board, 5. Pa~ment for services rendered or due shall be billed by the School Board by the 10 of each month and paid by the Organization by the 30th of each month, 6. Addendum attached and made an integral part of this Agreement, Revised per Exhibit A, 7, The Organization agrees that at all times material to this Agreement, it shall provide liability insurance coverage in the minimum amounts of $100,000 on any claim or judgments and $200,000 on all claims and judgments arising from the same incident occurrence, The Organization shall present proof of insurance coverage before approval of this contract by the Board, 8, The Organization agrees that there shall be no fee charged to passengers on the bus, 9, The use of vehicles by the Organization shall at all times be subject to the laws of the State of Florida, the provisions of the Florida Administrative Code, and rules adopted by the School Board, 10, The agreement shall commence on the day and year signed by the agencies, not before 6/4/07, and remains in effect through 8/3/07. 11, Organization shall provide proof of its non-profit status prior to execution of this contract 12, This agreement represents the entire Agreement between the parties may not be amended except by written instrument signed by all parties hereto, 13, All the terms and provision of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their legal representatives, successors and assigns, ') - Agenda Item No, 10J May 22, 2007 Page 4 of 6 ,..-- IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year signed by the agencies. Signed in the Presence of: The School Board of Collier County, Florida Print Name Jeff Stauring, Director of Transportation Print Name Dr, Russell Clukey, Executive Director of Support Services ATTEST: Dwight E, Brock, Clerk of Courts Board of County Commissioners, Collier County, Florida (Name of Organization) ~ By: By: Dated: Title: James Coletta, Chairman Approved as to form and legal sufficiency: By: Robert N. Zachary Assistant County Attorney Date: _... " -' Agenda Item No.1 OJ May 22, 2007 Page 5 of 6 I Exhibit A Addendum to Summer Transportation Contract This addendwn pertains to the Summer Transportation Contract between the Collier County Government and the School District of Collier County, Florida, and replaces the section of said Agreement as set forth below: Section 6, Indemnification: Each party agrees to indemnify, defend and hold harmless the other, its officers, board members, agents and employees from and against any and all fines, suites, claims, demands, penalties, liabilities, costs or expenses, losses, settlements, judgments and awards and actions of whatever kind or nature, attorney's fees and costs are excluded (and costs and fees on appeal), and damages (including, but not limited to, actual and consequential damages) arising from any negligent, willful or wrongful misconduct, knowing misrepresentation or breach of this Agreement by such party, its officers, board members, agents or employees. This paragraph shall not be construed in any way to alter the State's waiver of sovereign immunity or ell:tend the panies liability beyond the limits established in Section 768.28 Florida Statues, SCHOOL DISTRICT OF COLLIER COUINTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: By: James Coletta, Chairman Date: Date: Approved as to form and Legal sufficiency: Robert N- Zachary Assistant County Attorney Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 10J May 22, 2007 Page6of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10J Recommendation to approve an agreement witn the District School Board Of Collier County for transporting school-age recreation program participants atan estimated cost of $90,000 (Marla Ramsey, Administrator, PubliC Services) litem of Interest-Commissioner Hennlr1g] 51221200790000AM Contracts Agent Date Approved By Linda Best Administrative Services Purchasing 5/7/200712:04 PM Executive Secretary Date Approved By Kathy Carpenter Public Services Public Services Admin. 5/7/20071:23PM SteveCamell Date Approved By Administrative Services Purchasing/General SvcsDirector PurchaSing 5i7120071:52PM Approved By Scott Johnson Administrative Services Purchasing Agent Date Purchasing 517/20072:23 PM Date Approved By RobertN.Zachary County Attorney Assistant County Attorney County Attomey Office 5/8/2007 Zc46 PM Barry Williams Director Date Approved By Public Services Parks and Recreation 518120074:33 PM Approved By Marla Ramsey Public Services Public Services Administrator Date Public Services Admin. 5/10/Z00711:46AM Date Approved By OM8Coordinator County M,,mager's Office Administrative Assistant Qffice of Management & Budget 5111120078:18 AM Sherry Pryor Date Approved By County Manager's Office: Management & Budget Analyst Office or Management & Budget 5111120071:36 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 5/11120073:59 PM Date Approved By JamesV. Mudd Board of Gounty Commissioners County Manager County Manager's Office 5/12/20078:44AM file:/IC:\Al!eno:1Te"t\FxnClrt\Ri-Mav%?On. %)0)007\ 1 0 %)O('OT TNTY%?OMA N AGFR% "i!1f,IJ007 Agenda Item No, 10K May 22, 2007 Page 1 of 11 EXECUTIVE SUMMARY To seek Board direction on the acquisition of a parcel of property owued by the City of Marco Island as a result of a follow-up discussion with the City of Marco Islaud. (Project No. 60001.) OBJECTIVE: To secure easements required for the expansion of Collier Boulevard from the City of Marco Island by donation or other consideration. CONSIDERATIONS: On May 8, 2007, the Board of County Commissioners directed staff to meet with the City of Marco Island City Council to discuss the possibility of donating the required easements to Collier County. Staff scheduled a meeting with the Marco Island City Council on Monday, May 21, 2007, Staff intends to present their findings from that meeting to the Board of County Commissioners, FISCAL IMPACT: Unless another agreement is reached, the Fiscal Impact from the previous Board meeting is still valid. 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 USAI north to the Golden Gate Main Canal (Project No, 60001) are an integral part of Collier County's Growth Management Plan, ,- RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: Either: 1, Approve the previous Executive Swnmary and Easement Agreement as presented on May 8, 2007 as agenda item lOG and attached hereto; OR 2, Based on the verbal presentation of the discussion with the City of Marco Island, provide an alternative direction for staff to pursue regarding the acquisition of needed right-of-way, Prepared by: Attachment: Lorraine Lantz, Right-of-Way Coordinator, TECM (I) Executive Summary presented May 8, 2007; and (2) Purchase Agreement wi Exhibits "A" and "Boo, -, Item Number: Item Summary: Meeting Date: Page 1 ofl Agenda lIem No, 10K May 22, 2007 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10K To seek Board direction on the acquisition of a parcel of property owned by the City ot Marco Island as a result of a follow-up discussion with the City at Marco Island (Project No. 60001) 5/22/20079 00:00 AM Date Prepared By lormineLantz Transportation Services Right 01 Way Coordinator TECM.ROW 5/1S/200711c01:15AM Marlene Messam D'~ Approved Dy Transportation Services Right of Way Manager Transportation Engineering & Construction Management 51151200711:44AM Date Approved By Norm E. Feder,AICP TransportahonSarvices Transportation Division Administrator Transportation Services Admin. 5/15/20071:2JPM Date Approved By NajehAhmad Transportation Services Director Transportation Engineering & Construction Management 5115/20071:41 PM Date Approved By Lisa Taylor Transportation Servicas ManagementiBudgetAnalyst Transportation Administration 5/15/20072:02 PM Date Approved By Sharon Newman TransportationSerl/ices Accounting Supervisor Transportation Services Admin 5/15/20072:47 PM Date Approved By Pat Lehnhard Transportation Services b:.el;utll/eSecretary Transportation Services Admin 5115/20073:49 PM D~, Approved By Michael Smykowski County Manager'sOlfice Managamant & Budget Director Office of Management & Budget 5/15/20074:49 PM Date AppruvedBy JamesV.Mudd Board of County Commissionet'$ County Manager County Manager's Office 5/15/20075:55 PM 1::1..../1("'.\ ^ ~~~.:l~T~~.\C'..__-<-\O., "II ~_..o/..,(V'..,.., 0/..,,")"1(\1)'''.\ 1 A O/"''''''''''ll>.Tcr,m'''''A. K' -..T' ",..'-'1'1/ Agenda Item No, 10K May 22, 2007 Page 3 of 11 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-Ianing 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-4l n0l1h to the Golden Gate Main Canal (Project No, 60001) are an integral part of Collier County's Growth Management Plan, Agenda Item No, 10K May 22, 2007 Page 4 of 11 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 wi Exhibits "A" and "B" Agenda Item No. 10K May 22, 2007 Page 5 of 11 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 "Owne~'), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose maiiing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchase!"), 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 "8," 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 Owne~s 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, 10K Page 2 May 22, 2007 Page 6 of 11 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 803); (b) Temporary Construction Easement (Parcel 703); (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (I) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company, 4, Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the 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 Ciosing 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 "offe~' 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 underiying 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 lhan Purchaser has any right or option to acquire the Easements or any portion thereof. (d) Until the date fixed for Ciosing, so iong 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, 10K Page 3 May 22, 2007 Page 7 of 11 (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easements, (I) 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 condrtion of the property underlying the Easements or the governmental ordinances or laws governing same, (h) To the best of Owner's 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 (SOP) 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.1 OK Page 4 May 22, 2007 Page 8 of 11 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 walvmg 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 constttute 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, Shouid 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 Agreemenl on the date first above written, AS TO PURCHASER: DATED: ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James Coletta, Chairman Deputy Clerk Approved as to form and Legal sufficiency: lien ,Chadwell Assistant County Attorney Easement Agreement Agenda Item No, 10K Page 5 May 22, 2007 Page 9 of 11 AS TO OWNER: DATED: '-J -}.. - 07 ATTEST: ~ / / / / >~ (' Laura Litza City Clerk Approved as to form and Legal sufficiency: 9JJ!j~nJcn, City Attorney ![ ii !l !! il ;j i! ij ;[ ;! )i .%.../.;~ -----1 -c:j " !i 'i " :i ;1 q :[~ !en 'i I '''' :!2~ :j "- i\~~ :!cn r--. fia:: .- ii~ il6 'iu .! ! it ;! ! :! '! .! 1 .,[ i i ,\ t 'I i 1 ! ! i i ,~.,,~,.,j Rev 'I \. \ Porcel 803 \\~\. EXHISlT A \'b, \~-I..of::C: \~. '. \~~\ \~ \, ,..\,~ \ ,.~ . /\~-" Commencing at the southeast corner of ..,., \':'"":r. Section 34. Township 50 South. Range 26 \ East. Collier County, Florida; thence North '. 00"51 '28" East along the East line of said '''7 Section 34, 0 distance of 3449.84 feet; ~, thence leaving said line North 89"06'32" West, \, Q distance of 498.27 feet to 0 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. a ..../ distance of 4.265.03 feet to a point an the POC' south line of said described lands; thence S.E. CORNER OF North 54'20'4'" West along said south line, 0 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 35'36'59" East along said southeoslerly right-of-way line, 0 distance of 4.240.70 feet to its intersection with the nodh line of said described lands; thence South 89'08'32" East along said north line. 0 distance of 42.62 feet to the POINT OF BEGINNING. \ ~ o 100 200 400 GRAPHIC SCALE / ",~,~,/'/" "'/~ ,.\qA~ ~C !\~ ~ 0;;-,),,(:; " 9o~ ,S~~~ KY..."'\) o:~.~f(,:,<, ;?,~O ./ .~.,..,. \ ./ ./ " // ./ .....,/ ~..,., '\ ~./ A.E. -" O.R. BOOK 1970 PAGES t 664 -1668 ~/ o ~o ~~ -m~ 0->0 ~i5~ "'Ow ""'~ \:icro. ~o u PARCEL 803 b ~ o . N V W ;" ~ '" '" en '" z ., o .n >0 N . ;0 ;" '" '" '" en '" ~ 35' / Revised bearing distance 05/06 , I , Agenoa Item I 0, 10K Legal Description ~v1a ::: ,2007 A portion of Section 34, Township 50 1 f 11 Range 26 East, and Section 3, Township 0 South, Range 26 East. Collier Coounty, Florida and a portion of the lands described in Officiol Records Book 1970, Poge 1667 of the Public Records of Collier County, Florida, being more particularly described as follows. "...... ,- / ./ Containing 03.417 acres. more or less. LINE L14' 1142 LINE TABLE LENGTH 35,00 42.62 BEARING N54'20'41"W 589"08' 2" E NOTES: ,. This "5 not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (CR. 951) being N 00'50'44" E. Florida State Plane Coordinates NAO 8J/90, East Zone. J. Subject to easements, reservations and reside /ions of record. 4. Easements shown hereon ore per piot. unless otherwise noted. 5. Dimensions Ofe in feet ond decimo/s thereof, I .. 6. Certificate of authorization LB 4.3. 7. R/W represents Right-at-Woy. 8. P.O.8. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. OR. represents Official Records. 11. L.BE represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 1.J. F.P.L.E. represents Flarida Power c:t Light Easement. 14. 0,[, represents Drainage Easement. 15. S.t. represents Sidewalk Easement, 16. P.U.E. represents Public Utility Easement. H iUT, .S.M. .(FOR THE FIRM) FLA. LtC. O. 5834 NOT VALtD WITHOUT THE SJGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT 8 Survey. E., WlI.Mlller -"'".....-.=.. _........~.~.~_.~- -,,,", --....--.---.--.""'-.-- -... .- N60J6-S0U-001 603" X --... IC-41 .... q ii " q ii 1i '1: ii !' i Ii I I, , ! II !: , I,', j! ii !i , I,'; f! - ;! ! ~ )1 Ii ~ ______u____.-::__,j !i i: ---j j! ~ !1~:.I.,:.J , ". I',' ! :t i Ii.. :i~ :iU1 i.) :.0'1 . :i I ! -cr: . t~~ ! ii .;;:'1 d~. ::100-" '" , "- ~! a:: .- r i,W :!:::i li8 il i, if !i i i i! :j \!! 1 ! i .n i I :1 I I ! ! ._,~o,J " " '" !~ )~ !~ i i ! -"._"1 i i ft." , POB ....-// \/ ~/ /\ / // /., A.E. Q,R. BOOK 1970 PAGES 1664-1668 POC S.L CORNER SECTION 34 TOWNSHIP 50 SOUTH RANGE 26 EAST U6e o 30 ~" -"''' o-w U:lr::~ "'0 ~Ol.<J "''' ~a::~ 1:0 (3 PARCEL 703 \ 25' '69 Co N ..; '" '" ~ o 100 200 400 GRAPHIC SCALE ":J"'~' 0";"'''':.1 A~_f.".";" !t.-....,!'\,..... ~ ,S,C:,x-c. ",9Q{ 5' 0~''i>--rc, ~y.. ~'"0 Q"~<- ~,.;.o 35' /1l143 Revi~ed bearing direction 05/06 Revised per Ch2mhill design changes 4/06 05/06 ... .... lC-41 .... ",,..l~ 1+........., May 2 Legal Description A portion of Section 34, Township 50 South, R~n9iJe 26 East. and Section 3. Township 51 South, Range 26 East. Collier Coounty, Florida and 0 portion of the lands described in Officiol Records Book 1970, Poge 1667 of the Public Records of Collier County, Florida, being more particularly described os follows. Commencing at the southeast corner of Section 34, Township 50 South, Range 26 East, Collier County, Florida; thence North 00'5' '28" East along the East line of said Section 34, 0 distance of 3449.84 feet; thence leaving said line North 89"08'32" West, 0 distance of 492.' 8 feet to a point 40 feet southeasterly of the southeasterly right-of-way line of Collier Boulevard being 175.00 feel in width and the POINT OF BEGINNING; thence South 35'3B'59~ West, a distance of 1897.93 feet; thence 50uth 54"21 'at" East, 0 distance of 20.00 feet; thence Soutn 35'38'59~ West. a distance of 977.33 feet; thence North 54'2"01~ West, a distance of 20.00 feet; thence South 35'38'59~ West, 0 distance of 1393.25 feet to 0 point on the south line said described lands; thence North 54'20'416 West along said south line, 0 distonce of 5.00 feet; thence leoving said line North 35'38'59" East, 0 distonce of 4,265.0.3 feet to its intersection with the north line of said described lands; thence South 89'08'.32~ East along said north line, 0 distance of 6.09 feet to the POINT OF BEGINNING. Containing 0.9385 acres, more or less. LINE TABLE LINE LENGTH BEARING L143 5.00 554'20'41"E L 144 6.09 589"08'32" US8 20.00 554'21'01"E L169 20.00 N54'21'Q1"W NOTES: ,. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 957) being N 00'50'44" [, Florida State Plane Coordinates NAD 83/90, East Zone. 3, Subject to easements, reservations and restrictions 01 record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. I .. 6. Certificate of authorization LB 43. 7. R/W represents Right-aI-Way. B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point 01 Commencl!'men 10. O.R. represents Official Records. 7 I. L.BE rl!'presents Londscapl!' Buffer Easement. 12. UE represents Utility Easement. 13. F.P.LT represents Florida Power &' Light Easement. 14. DT represents Drainage Easement, 15. $.E. represents Sidewalk Eosement. 16. P.U.E. represents Public Utility Easement. DAVID J. HYA, M. (FOR THE F}RM) FLA. LlC. NO. 58 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAfSED SEAL OF A FLORIDA LICENSED SURvn-OR AND MAPPER This is NOT a Survey, rr.."",. -.=-=.. _.a--..,.,.....,.."'-.~_.~~ -,,,", -........--.---.--.....-.--- -... ..., N6015-S0U-OOI 703 01 X - --... lC-41 0,10K ,2007 1 of 11 ~ Agenda Item No, 10L May 22, 2007 Page 1 of 45 EXECUTIVE SUMMARY Recommendation to accept and approve a 2005 Disaster Recovery Subgrant Agreement between the Department of Community Affairs and Collier County for $2,339,882 and an associated budget amendment to implement the Disaster Recovery Initiative programs, and to adopt a Resolution approving and authorizing the Chairman to sign the Agreement, and to delegate to the County Manager or his designee the authority to submit required reports or other documents which are solely ministerial in nature. OBJECTIVE: To provide housing rehabilitation, new housing construction and needed community improvements in response to Hurricane Wilma impacts on low-income communities in Collier County through the approval of a 2005 Disaster Recovery Subgrant Agreement between the Department of Community Affairs (DCA) and Collier County for $2,339,882, CONSIDERATIONS: As a result of the impacts of Hurricane Wilma in October 2005, Collier County qualified to receive U,S, Department of Housing and Urban Development (HUD) funding through DCA to implement a $2,339,882 Disaster Recovery Initiative (DRI) grant ~ In July 2006, the County accepted applications from 14 organizations requesting DR! funding for housing and public facility improvements and repairs related to Hurricane Wilma, The applications were reviewed, scored and ranked by county staff and six activities were selected for submittal to DCA in August 2006, The grant application and six activities were ratified by the BCC on September l2, 2006 in accordance with CMA #5330, Through the acceptance of this subgrant, DCA and the County will make DRI funding available for implementation of the following projects: Organization Activity DRI Fnnding Immokalee Non-Profit Housing Hun-icane hardening of 74 faIm $664,000 worker rental units with new windows Empowerment Alliance of Phase I of housing infrastructure to $374,545 Southwest Florida support construction of 15 new homes Collier County Housing Purchase & install two generators for $124,923 Development Corporation Copeland water & sewer facilities St Matthew's House Hurricane hardening of emergency $293,934 shelter with new windows, doors & installation of a generator One by One Foundation and Demolish three hurricane damaged $415,000 Sanctuary homes ill Immokalee and construct three new, "green" homes Collier Co, Housing & Grants Rehabilitate 25 to 35 single family $397,284 homes damaged by Hurricane Wilma ~ Agenda Item No, 10L May 22, 2007 Page 2 of 45 Due to the complex nature of administering and monitoring federal Community Development Block Grant (CDBG) funds, including environmental reviews, Davis-Bacon wage determinations, long term land use restriction agreements (LURAs), Uniform Relocation Act requirements, audits and other State and Federal regulations, two temporary employees (one full time and one part time) will be hired during the two year contract period between Collier County and DCA to facilitate the implementation of the DRI funding and to be fiscally and programmatically responsible to the Department of Community Affairs, This grant will provide the County the opportunity to upgrade the existing housing stock, create new units and provide for needed community improvements, FISCAL IMPACT: The services of two additional staff positions, one (I) Rehab Specialist and one (I) Grants Support Specialist at 32 hours will be necessary from June 2007 to June 2009, The cost for these positions total $169,457,37 and will be covered exclusively from grant dollars plus project delivery for the rehab program, No General Fund dollars are necessary to fund these positions, GROWTH MANAGEMENT IMPACT: Efforts to secure additional housing and community development grant funds are consistent and support the Housing and Future Land Use 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 standard form agreement is required by the Department of Community Affairs to release to Collier County $2,339,882 in Federal funding relating to Hurricane Wilma, Collier County will then serve as a pass-through of nearly $2 million of these funds to the five outside organizations identified above, to be implemented through subrecipient grant agreements which will be presented to this Board for its review and approval within 90 days, Additionally, $397,284 of these funds will go directly to Collier County, for the ultimate purpose of hiring private contractors to rehabilitate 25 to 35 single family homes damaged by Hurricane Wilma, and to administer the five outside subrecipient agreements, -JAK RECOMMENDATION: The BCC approve the DCA Subgrant Agreement and associated staffing and budget and submit the signed contract to DCA Prepared by: Susan Golden, Federal/State Grants Administration Manager Housing and Human Services Department /'~' Item Number: Item Summary: Meeting Date: Page 1 of I Agenda Item No. 10L May 22. 2007 Page 3 of 45 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10L Recommendation to accept and approve a 2005 Disaster Recovery Subgrant Agreement between the Department of Community Affairs and Collier County for $2,339,882 and an associated budgel amendment to implement the Disaster Recovery Initiative programs, and to adopl a Resolution approving and authorizing the Chairman to sign the Agreement, and to delegatetotheCountyManagerorhisdesigneetheauthoritytosubmitmquired reports or other documents w~)ich are solely ministerial In nature (Marla Ramsey, '\dmmislratar, Public Services) 5/22/2001' 90000AM Prepared By Susan GOlden PublicServicell FederallStllte Grants Administration MJnager Date Housing&HumanServices S/41200710:S7:46AM Date Approved By Marcy Krumbine Public Services Director Housing & Human Services Snl20073:07PM Date Approved By MarleneJ. Foard Administrative Services GrllntsCoordinator Administrative Services Admin. SIB/20078:57AM Date Approved By Marla Ramsey Public Services Public Services Administrator Public Services Admin, 518/20072:29 PM Date Approved By OMBCoordinator County Manager's Office Administrative Assistant Office of Management & Budget 5/9120073:33 PM Date Approved By Sherry Pryor County Manager's Office Management & Budget Analyst Office of Management & Budget 5/11/20071:50PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 5/14120071:48 PM Date Appruved By Michael Smykowski County Manager's Office Management & Budget Director OffiCe of Management & Budget 5114120072:18 PM Date Approved By James V Mudd Board of County Commissioners County'-hnager County Mannger'sOffice 5114120072:3:2PM file"//C"\Agennl'lTe>:t\Fxnort\R1.Ml'Iv%?0?? %?mO/l7\ 10 %?O(,()lINTY%?OMANAGFR% .:o/lfin007 Agenda Item No, 10L May 22, 2007 Page 4 of 45 RESOLUTION NO, 2007- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR $2,339,882 IN COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FUNDS RELKATING TO HURRICANE WILMA, AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT; DELEGATING TO THE COUNTY MANAGER OR HIS DESIG!'iEE THE AUTHORITY TO SUBMIT REQUIRED REPORTS OR OTHER CONTRACTUALLY REQUIRED DOCUMENTS THAT ARE SOLELY MINISTERIAL IN NATURE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) has provided Community Development Block Grant (CDBG) funding to the Florida Department of Community Affairs for Hurricane Wilma Disaster Recovery Initiative (DRI); and WHEREAS, the overall goal is to address hurricane impacted housing, public facility and community development needs for very Jow and low income persons; and WHEREAS, Collier County accepted requests for funding in July 2006 and the Board of County Commissioners approved the grant application on September 12,2006; and WHEREAS, the Florida Department of Community Affairs has awarded $2,339,882 in CDBG DRI funds in their December 14, 2006 award letter, NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the 2005 Community Development Block Grant Disaster Recovery Initiative contract which is attached and incorporated herein by reference, and authorizes the Department of Housing and Human Services to transmit the contract to the Florida Department of Community Affairs and take all necessary actions to implement the CDBG DRI programs, including hiring of staff and associated budgets. 2. The Chairman of the Board of County Commissioners is authorized to execute the agreement and any pertinent documents on behalf of the County. 3. The County Manager or his designee is hereby authorized to submit reports and other contractually required documents, providing that such reports and documents are ministerial in nature. Page] of2 Agenda Item No, 10L May 22, 2007 Page 5 of 45 4. If any section, sentence, clause or phrase ofthi5 Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions ofthi5 Resolution. 5. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this of May 2007, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, Chairman , Deputy Clerk i Je ey A, Klafukow Manlging As~i~tant County Attorney \J Page 20f2 Agenda Item No, 10L May 22, 2007 Page 6 of 45 Agreement Number: 07DB-3V-09-21-01-Z 01 CFDA Number: 14,228 Applicable Rule: 9BER06-1, Florida Administrative Code FEDERALLY-FUNDED 2005 DISASTER RECOVERY SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), 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 Department has received these grant funds from the U, S, Department of Housing and Urban Development, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C, WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement NOW, THEREFORE, the Department 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, the Activity Work Plan(s) by service area, Attachment B of this Agreement, and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by reference ("the Subgrant Application"), (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C, 1 Agenda Item No, 10L May 22, 2007 Page 7 of 45 (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the last date signed, unless terminated earlier in accordance with the provisions of Paragraph (10) of this Agreement CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE DIVISION DIRECTOR APPROVES SUCH EXTENSION. (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 th is Agreement (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMS Circular No, A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No, A-87, "Cost Principles for State and Local Governments," OMS Circular No, A-21, "Cost Principles for Educational Institutions," or OMS Circular No, A-122, "Cost Principles for Nonprofit Organizations," If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 312 and 931,2, (b) 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 (5) years from the date of final closeout of this Agreement, and shall allow the Department or its designee, 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 Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date of final closeout of this Agreement, unless extended in writing by the Department, with the following exceptions: 2 Agenda Item No, 10L May 22, 2007 Page 8 of 45 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 records 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 (5) years after final disposition, 3, Records relating to real property acquisition shall be retained for five (5) years after closing of title, (c) 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, Attachment B, Activity Work Plan(s), the Subgrant Application and subsequent revisions that are mutually agreed to by both parties, and all other applicable laws and regulations, (d) 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 , but not be limited to, auditors retained by the Department (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 Department "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, (0) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement 3 Agenda Item No, 10L May 22, 2007 Page 9 of 45 (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised, An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMS Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 6(d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required, In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le" the cost of such audit must be paid from Recipient resources obtained from other than Federal entities), (e) Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section ,320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: 4 Agenda Item No.1 OL May 22. 2007 Page 10 of45 Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [An electronic copy shall also be submitted to aurilla,parrish@dca,state.fl.usl and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audtt Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections ,320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federai Audit Clearinghouse Bureau of the Census 1201 East 10" Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB Circular A-133, as revised, (I) Pursuant to Section ,320 (I), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section ,320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [An electronic copy shall also be submitted to aurilla,parrish@dca,state.fl.us] and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular 5 Agenda Item No, 10L May 22, 2007 Page 11 of 45 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, (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package, (i) 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 Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance, U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fia, Stat The IPA shall state that the audit complied with the applicable provisions noted above, The audit must be submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year, (7) REPORTS (a) The Recipient shall provide to the Department reports and information as identified in Attachment D, (b) If all required reports and copies, prescribed above, are not sent to the department or are not completed in a manner "acceptable to the Department", the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES, "Acceptable to the Department' means that the work product was completed in accordance with the Budget and Scope of Work and the Activity Work Plan, Attachments A and B of the Agreement, and the Subgrant Application and subsequent revisions that are mutually agreed to by both parties, 6 Agenda Item No, 10L May 22, 2007 Page 12 of 45 (c) The Recipient shall provide such additional program updates or information as may be required by the Department (d) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C,F.R. Part 58 within ninety (90) days from the date of execution of this Agreement (e) The Recipient shall provide such additional program updates or information as may be required by the Department (I) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 CFR, Part 58 within ninety (90) days from the date of execution of this Agreement (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients, and consultants who are paid with funds under this Agreement, to ensure that time schedules are met, the Budget, Scope of Work and Subgrant Application activities are 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 Attachments A and B of this Agreement and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties, 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 Department staff, limited scope audits as defined by OMB Circuiar 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 Department In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department 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 7 Agenda Item No, 10L May 22, 2007 Page 13 of 45 General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the conlract 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 Department 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 Department, 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 Department, and agrees to be liable for any damages proximately caused by said 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 Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph 11, but the Department 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 Department shall at any time be false or misieading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in 8 Agenda Item No, 10L May 22, 2007 Page 14 of 45 this Agreement or any previous agreement with the Department 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 Department (c) If any reports required by this Agreement have not been submitted to the Department 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 Department 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 anyone 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; (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 notice of noncompliance to advise that more serious measures may be taken if the situation is not corrected; 9 Agenda Item No, 10L May 22, 2007 Page 15 of 45 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 Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineiigible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law, (g) The pursuit of anyone of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity, No waiver by the Department of any right or remedy granted 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 Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient (12) TERMINATiON (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances, 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 materiai subject to disclosure under Chapter 119, Fla, Stat, as amended, (b) The Department may terminate this Agreement for its 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, 10 Agenda Item No, 10L May 22, 2007 Page 16 of 45 (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by 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) When 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 Department by virtue of any breach of Agreement by the Recipient The Department 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 Department 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 is: (b) The name and address of the Department contract manager for this Agreement Brenda Aderhold Department of Community Affairs Small Cities Community Development Block Grant Program Disaster Recovery Program 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-410-0215 Fax: 850-922-5609 Email: brenda.aderhold@dca.state.fi.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Susan Golden, Federal/State Grants Administration Manager Collier County 3050 North Horseshoe Drive Naples, FL 34104 Telephone: 239-213-2901 Fax: 239-403-2331 Email: SusanGolden@colliergov.net 11 Agenda Ilem No, 10L May 22, 2007 Page 17 of45 (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, (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department within ninety (90) days after execution of the subcontract The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement to the extent applicable to the subcontract, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (Hi) the subcontractor shall hold the Department 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 Department 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 confiict or inconsistency, (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Activity Work Plan(s) Attachment C - Program Statutes, Regulations and Program Conditions 12 Agenda Item No.1 OL May 22, 2007 Page 18 of 45 Attachment 0 - Reporting Requirements Attachment F - Warranties and Representations Attachment H - Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Attachment J - Special Conditions Attachment K - FloridaPAPERS 10 and Password Request Login Form (17) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed $2,339,882 subject to the availability of funds, (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement, and the Subgrant Application including subsequent revisions that are mutuaily agreed to by both parties, (c) All funds shall be requested electronically through FloridaPAPERS, The Recipient must complete a FloridaPAPERS 10 and Password Request Login Form, Attachment K of this Agreemenrt, identifying an individual authorized to submit a Request For Funds (RFFs) on behalf of the Recipient utilizing the intuitive web portal. (d) Pursuant to 24 C,F,R, Section 570.489(b), pre-agreement costs reflected in the Subgrant Application as originally submitted that reiate to preparation of the Subgrant Application are considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with ail other requirements of this contract. (e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their eligibility, fundability, or addition to the Agreement, is ineligible for funding with Disaster funds, 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 Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of 13 Agenda Item No, 10L May 22, 2007 Page 19 of 45 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 Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and maiied 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 Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15,00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater, (19) VENDOR PAYMENTS Pursuant to Section 215.422, Fla, Stat, the Department 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 Department paying 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) 488-2924 or by calling the State Comptroiler's Hotline at 1-800-848-3792, (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 Department request, or in any submission or response to fuifiil 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 14 Agenda Item No, 10L May 22, 2007 Page 20 of 45 the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department 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 Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole, (d) The Agreement may be executed in any number of counterparts, anyone of whom may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S,C, Section 12101 et seQ.), 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, (I) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, 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, 15 Agenda Item No, 10L May 22, 2007 Page 21 of 45 supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity, (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2, have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a pubiic (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, faisification or destruction of records, making false statements, or receiving stolen property; 3, are not presently indicted or otherwise criminaliy or civilly charged by a governmental entity (federai, state or local) with commission of any offenses enumerated in paragraph 18(h)2, of this certification; and 4, have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the compieted "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor, SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 16 Agenda Item No, 10L May 22, 2007 Page 22 of 45 (i) 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, UJ All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, (k) If otherwise allowed under this Agreement, all bills for any travel expenses Shall be submitted in accordance with Section 112,061, Fla, Stat. (I) The Department 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 (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount (n) 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 Department 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 (0) 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 17 Agenda Item No, 10L May 22, 2007 Page 23 of 45 (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with 1, No Federal appropriated funds have been paid or will be paid, by or on this Agreement may be used directly or Indirectly to influence legislation or any other official action by the Florida Legislature or any state agency, (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief. behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, ioan or cooperative agreement 2, If any funds other than Federal approprialed funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, 3, The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U,S, Code, Any person who fails to file 18 Agenda Item No, 10L May 22, 2007 Page 24 of 45 the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, (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 resuit of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department 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 inlellectual property, which is so disclosed. Failure to disclose will indicate that no such property exists, The Department shall then, under Paragraph (b), have the right to all patents and copyrights, which accrue during performance of the Agreement 19 Agenda Item No, 10L May 22, 2007 Page 25 of 45 (23) 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 otherwise, 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 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized, RECIPIENT: Collier County BY: Name and title: Date: FID#: 59-6000558 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: Janice Browninq, Director Division of Housinq and Community Development Date: APpr:Eve ) arm legal sufficiency __1J1I~/6'7 _ Jeffrey A. Klatzkow, Assistant County Attorney 20 Agenda Item No, 10L May 22, 2007 Page 26 of 45 EXHIBIT 1 Federal Resources awarded to the Recipient pursuant to this Agreement consist of the following: Federal Program: U,S, Department of Housing and Urban Development CFDA #14228 $2,339,882 Compliance requirements applicable to the federal resources awarded pursuant to this Agreement are as follows: Note: If the resources awarded to the recipient represent more than one Federal program. list applicable compliance requirements for each Federal program in the same manner as shown below, Federal Program: The Recipient will fully perform the obligations in accordance with the Budget and Scope of Work, Attachments A and B of this Agreement and the Application incorporated herein by reference, The Recipient shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. 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Y'1-:w-: , , , , . , , , , , . , , , , , , , , , . , o Z <( a> VI Z :::;; :l ..J o ~ '" o Z :l u.. rr w J: I- P u. o VI I- Z :l o ::;; <( o Z <( VI W U rr :l o VI i i , . . . , , , , . . , , , , , , , , . , , , , , , , , , , , : : , , . , , . , , , . , , , , , , , , , . , , , , , , , , 'w' Q:!~! :r::0: V?: J:: ~N l") " << Agenda Item No, 10L May 22, 2007 Page 34 of 45 Attachment C State and Federal Statutes, Regulations and Program Conditions By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements: Section I: State and Federal Statutes and Regulations 33. 34, 1. Community Development Block Grant. Final Rule, 24 35. C,F,R, Part 570; Florida Small and Minority Business Act, s. 288.702- 288,714, F,S,; 36, Florida Coastal Zone Protection Act, s. 161.52-161.58, 37. F.S,; 38, Local Government Comprehensive Planning and Land 39. Development Regulation Act, Ch. 163. F.S.; Title I of the Housing and Community Development Act 40. of 1974, as amended Treasury Circular 1075 regarding drawdown of COaG 41. funds Sections 290.0401-290.049, F.S,; Rule Chapter 98-43, Fla. Admin. Code.; 42. Department of Community Affairs Technical Memorandums; HUD Circular Memorandums applicable to the Small 43. Cities CDBG Program; 44. Single Audit Act of 1984; National Environmental Policy Act of 1969 and other 45. provisions of law which further the purpose of this Act; National Historic Preservation Act of 1966 (Public 46. Law89-665) as amended and Protection of Historic Properties (24 47. C,F.R Part 800); 48, Preservation of Archaeological and Historical Data Act 49. of 1966; Executive Order 11593 - Protection and Enhancement 50. of Cultural Environment; Reservoir Salvage Act; Safe Drinking Water Act of 1974, as amended; 51. Endangered Species Act of 1958, as amended; Executive Order 12898 - Environmental Justice 52. Executive Order 11988 and 24 C.F.R. Part 55 - 53. Floodplain Management; The Federal Water Pollution Control Act of 1972, as amended (33 U.S.C" s. 1251 et.seq,); 54, Executive Order 11990. Protection ofWellands; Coastal Zone Management Act of 1968, as amended; Wild and Scenic Rivers Act of 1968, as amended; 55. Clean Air Act of 1977; 56. HUD Environmental Standards (24 C.F.R. Part 58); 57. Farmland Protection Policy Act of 1981; Clean Water Act of 1977; 58. Davis - Bacon Act; 59. Contract Work Hours and Safety Standards Act of 1962,40 U.S.C, s. 327 et seq,; 60, The Wildlife Coordination Act of 1958, as amended; The Sofid Waste Disposal Act. as amended by the Resource Conservation and Recovery Act of 1975 (42 61. US.C., s. 8901 et seq.); Noise Abatement and Control: Departmental Policy 62. Implementation, Responsibilities, and Standards, 24 C.F.R. Part 51, Subpart B; Flood Disaster Protection Act of 1973, P.L. 92-234; 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 12, 13, 14, 15, 16, 17, 18, 19, 20, 21. 22, 23. 24, 25. 26, 27, 28, 29, 30, 31, 32, 24 Protection of Historic and Cultura! Properties under HUD Programs, 24 C.F.R. Part 59; Coastal Zone Management Act of 1972, P.L. 92-583; Architectural and Construction Standards; Architectural Barriers Act of 1968,42 U.S.C. 4151; Executive Order 11296, relating to evaluation of flood hazards; Executive Order 11288, relating to prevention, control and abatement of water pollution; Cost~Effective Energy Conservation Standards, 24 C.F.R Part 39; Section 8 Existing Housing Quality Standards, 24 C,F.R. Part 882; Coastal Barrier Resource Ad of 1982; Federal Fair Labor Standards Act, 29 U.S. C., s. 201 et. seq.; Title VI of the Civil Rights Act of 1964 - Non- discrimination; Title VII of the Civil Rights Act of 1968. Non. discrimination in housing; Age Discrimination Act of 1975; Executive Order 12892- Fair Housing Section 109 of the Housing and Community Development Act of 1974, Non.discrimination; Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. Part 8; Executive Order 11063 - Equal Opportunity in Housing; Executive Order 11246 - Non-discrimination; Section 3 of the Housing and Urban Development Act of 1968, as amended - EmploymentlTraining of Lower Income Residents and Local Business Contracting; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L., 100.17, and 49 C,F.R Part 24; Copeland Anti-Kickback Act of 1934; Hatch Act; Title IV Lead-Based Paint Poisoning Prevention Act (42 US,C" s. 1251 et seq.); OMBCirculars A.87, A-122, and A-133, as revised; Administrative Requirements for Grants, 24 C.F.R. Part 85; Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 C.F.R. Part 12; Emergency Rule 9BER06-1, COBG Disaster Recovery Funds; HUD program requirements for disaster recovery projects as published in Federal Register, Vol. 69, No. 237 (December 10, 2004) [Docket No. FR-4959- N-01]. Agenda Item No, 10L May 22, 2007 Page 35 of 45 Section II: Program Conditions - Disaster Recovery Initiative Program 1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety-days (90) from the effective date of this Agreement, the Recipient shall complete the following: a, Comply with procedures set forth in 24 CFR, Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 C,F.R Section 1500-1508, National Environmental Policy Act Regulations, When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions; b, If special assessments or impact fees are to be charged to each household that is to be hooked up to the sewage system, document the source of those funds and that they are dedicated to the project for the purpose of funding said special assessments or impact fees; c, The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without prior written approval from the Department Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient; and d, The documentation required in paragraph 3 below for any professional services contract procured prior to the start date of this agreement e, Submit to the Department copies of all adopted required policies not provided at the time of original Application, which the Recipient certified would be adopted, Also, unless submitted with the Subgrant Application or reviewed at the site visit and determined to be acceptable, submit an executed copy of the required inter-local and/or subrecipient Agreement if more than one local government is covered by this contract f, The procurement of professional administrative and engineering services, 2, For each procured and executed professional services contract for which Disaster funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested, submit a ~ of the following procurement documents: a, Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; b, List of entities to whom a notification of the request for proposals was provided by mail or by fax; c, List of firms that submitted a proposal (only if short-listing procedure was used); d, Completed short-listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short-listing procedure used); e, Completed final evaluation / ranking forms; f, Portion of commission minutes dealing with contract award; 25 Agenda Item No, 10L May 22, 2007 Page 36 of 45 g, Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); h, Contract (signed or proposed); L Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $60,000; j, If a protest was filed, a copy of the protest and documentation of resolution; k, A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000; L If a regional planning council or local government is performing the services, submit only a copy of the contract and cost analysis information; and m, If professional services procurement will not be undertaken, so advise the Department 3, For any activity that requires construction plans and specifications prepared by an engineer or arch itect: a, Provide to the Department a copy of all engineering specifications and construction plans, The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid documents for all services and/or materials to provide those services and/or materials for all construction activities when the bids are expected to exceed $25,000, These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inciusion of program requirements, and in no way does it indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents; b, The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications, construction pians, and bid documents; and c, In any service area which requires construction plans and specifications prepared by an engineer or architect, no more than twenty-five percent (25%) of the grant administration amount allocable to that service area may be requested until the construction plans and specifications for that service area have been received for review by the Department For the purpose of this condition, the allocable grant administration amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the service area's percentage of total project costs by the total administrative budget This calculation results in a percentage of total administrative costs per service area based on each service areas percentage of the grants total project costs, excluding administrative costs, 4, For activities requiring acquisition of property, the Recipient shall: a, Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will not be used for the cost of acquisition, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice to the property owner of his or her rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable, 26 Agenda Item No, 10L May 22, 2007 Page 37 of 45 The documentation shall be submitted within forty-five (45) days of acquiring the property and prior to advertising for construction bids for any activity that required the acquisition, b, Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will be used for the cost of acquisition, the Recipient shall document completion of all pre-acquisition activities by submitting all documentation required for a desk monitoring of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, waiver of rights (for donations), and estimated settlement costs, as applicable, The documentation shall be submitted to the Department for review prior to closing on the property, A copy of the final statement of settlement costs and a copy of recorded deed, with any required deed restrictions, shall be submitted within forty-five (45) days of the acquisition, 5, If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement in Section 381,00655(1), Fla, Stat (1995) to hookup to the sewer system within three-hundred and sixty-five (365) days of its availability, (Note that the notification is to be provided at least one year prior to the anticipated availability of the system.) 6, The Recipient shall obtain approval from the Department prior to obligating Disaster funds for any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering fee schedule, The Department will not reimburse or fund engineering activities or costs that are not eligible under the RUS fee schedule and Emergency Rule 9BER05-2 CDSG Disaster Recovery Funds, 7, The Recipient, by executing this Agreement, does thereby certify that program income received and retained by the local government before closeout of the grant wili be used to continue grant activities in compliance with all applicable requirements of 25 C,F,R Section 570,489(e), The arT10unt of program income earned and expended must be reported to the Department on a quarterly basis, Quarterly progress reports are due to be received by the Department no later than fifteen (15) 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 3D, September 30 and December 31, 8, The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 CFR Section 570,487(b)(4), Annually shall be defined as an activity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeout 9, A deed restriction shall be recorded on any real property or facility acquired with Disaster funds, This restriction shall limit the use of th at real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located, Any future disposition of that real property shall be in accordance with 24 CFR Section 85,31, Any future change of use shall be in accordance with 24 CFR, Section 570,489(j), 10, The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings, 11, All amendments to the activities contained in the application, including proposed new activities must be approved by the Department in writing prior to the date of initiation of that activity or the execution of any contract with any third party relating to such activity, The Department reserves the right 27 Agenda Item No, 10L May 22, 2007 Page 38 of 45 to require that deletion of an activity meeting the LMI national objective be repiaced with another activity meeting the LMI national objective, 12, The Recipient shall update and submit Form HUD 2880 to the Department within thirty (30) days of the Recipient's knowledge of changes in situations which would require that updates be prepared, A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout and assessment of any penalties which otherwise would have occurred, 13, The Recipient shall comply with the historic preservation requirements of 24 CFR, 58,17 and the Secretarv of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatinq Historic Buildinqs, 14, Confiicts of interest relating to procurement shall be addressed pursuant to 24 C,F,R, Section 570.489(g), Confiicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C,F.R, Section 570.489(h), All procurement actions shall be conducted pursuant to 24 CFR Section 85,36 and Rule 9B-43, Fla Admin, Code, 15, The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A and on the Activity Work Plan(s), 16, If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders, The date of completion of construction shall be noted as part of the certification, This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package, 17, Payment for the acquisition of property, right-of-way, or easement must be approved in writing by the Department prior to distribution of funds, Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1378 shall not be paid with Disaster funds, 18, If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any activity in the application, the locai government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with a new activity meeting such requirements, within the provisions of Program Condition Number 10, 19, Any debris removal on private property approved by the Department as a result of a HUD waiver will be treated as "direct benefit" and the project file shall document that the property owner qualifies as a low or moderate income (LMI) person, If documentation that the person qualifies as an LMI person is not provided, then the cost of debris removal is not allowed, 20, Following demolition of a structure on private property, the locai government shall place a lien against the real property for the cost of demolition, If the lien is not recorded against the reai property, then the demolition cost is not an eligible cost under the grant A lien is not required when the demolition is needed for residential reconstruction completed during the sub-grant period, A copy of the lien shall be maintained in the project files, When the lien is paid, the funds shall be treated as program income in accordance with CDBG regulations in in 24 CFR 570, 21, For any activity performed as an "urgent need," the project files shall document that the activity meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective, For these disaster recovery funds, the "threat to health or welfare" portion of the requirements may be established in the context of the 2004 hurricane season damage, 28 Agenda Item NO.1 OL May 22, 2007 Page 39 of 45 22, If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing construction, construction of the housing must be completed and LMI benefit documented during the sub- grant period, 23, If grant funds are used for "slum and blight," the project files shall document that the activity took place in an area officially designated as a "slum" or "blighted" area and meets HUD requirements for "slum and blight" national objective, or that the activity qualifies under HUD requirements for "spot blight" 24, If grant funds are used for acquisition, the requirements of 24 CFR 570,83 (e) (2) regarding final use or disposition shall be met 25, For any construction contract that requires payment of prevailing wages under the Davis-Bacon and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its DBRA tracking and reporting requirements to HUD for these funds: a, Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same information; and b, Prior to awarding the construction contract, submit the Bidding Information and Contractor Eligibility form, or document with the same information, and obtain the Department's confirmation that the contractor is not excluded from participation in federally funded projects, 26 If any funds are used for housing rehabilitation, the project files shall document that, following completion of each home, all code violations have been corrected and the home meets Section 8 Housing Quality Standards, 27, Within thirty (30) days of execution of any construction contract between the Recipient and a contractor, all construction contractors shall provide a schedule for completion of work activities under that construction contract 28, Pursuant to Federal RegisterNolume 69, Number 237 [Docket Number FR-4959-N-01] and the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U,S,C, 5155), no activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance or from any other program, insurance or any other sources, The Recipient's project files shall document how compliance with this prohibition on duplication of benefits was determined for each activity, including sub-recipients and, for housing or other direct benefit activity, individual beneficiaries, Duplication of benefits identified during monitoring, by an audit, or other means may require repayment of duplication of benefit funds, 29 Agenda Item No, 10L May 22, 2007 Page 40 of 45 Attachment 0 Reporting Requirements The following reports must be completed and submitted to the Department in the time frame indicated, Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10) of this Agreement 1, The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually, The form must reflect all contractual activity for the period, If no activity has taken place during the reporting period, the form must indicate "no activity", 2, The Request for Funds Form must be submitted electronically through FloridaPAPERS to the Department by an authorized signatory at a minimum of once per quarter within fifteen (15) days after the end of the quarter: April 15, July 15, October 15 and January 15, If no activity has taken place during the reporting period, a zero (-0-) Request for Funds must be submitted electronically indicating "no funds required", 3, The Projection of Contract Payments Form must be submitted to the Department (4) times a year: May 1, August 1, November 1 and February 1, In Section I indicate the amount of funds projected to be drawn down for the applicable reporting period, If no funds will be required, a zero should be reflected in the applicable reporting period, In Section II, indicate current approved budget and available balance for each project activity, 4, A Disaster Quarterly Status Report must be submitted to the Department fifteen (15) days after the end of the quarter on the report form provided by the Department: April 15, July 15, October 15 and January 15, 5, The Administrative Closeout Package must be submitted to the Department forty-five (45) days after the Agreement termination date, 6, In accordance with OMB Circular A-133, revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A-133 and submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year 30 Agenda Item No, 10L May 22, 2007 Page 41 of 45 Attachment F Warranties and Representations Financial Manaqement In addition to complying with all applicable federal regulations, the 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 adequately identify 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) 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 (5) Accounting records, including cost accounting records that are supported by source documentation, Competition In addition to complying with all applicable state and federal regulations, all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition, 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 deveiop 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 31 Agenda Item No, 10L May 22, 2007 Page 42 of 45 Business Hours The Recipient shall be available at all reasonable times for business, "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, Licensina and Permittin a 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, 32 Agenda Item No, 10L May 22, 2007 Page 43 of 45 Attachment H Certification Regarding Debarment, Suspension, Ineligibility And Volunta Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form, Contractor's Name and Title Recipient's Name Signature DCA Contract Number Firm Street Address City, State, Zip Date NOTE: SUBMISSION OF THIS FORM DOES NOT PRECLUDE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 33 Agenda Item No.1 OL May 22, 2007 Page 44 of 45 Attachment J Special Conditions 34 ATTACHMENT K FloridaPAPERS LOGIN /0 AND PASSWORD REQUEST FORM 35 Agenda Item No, 10L May 22, 2007 Page 45 of 45 Agenda Ilem No, 10M May 22, 2007 Page 1 of 10 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Adopt a Resolution Declaring a Valid Public Purpose for Accepting Voluntary Donations Made Directly to the County for Affordable-Workforce Housing, Establishing an Affordable-Workforce Housing Trust Fund and Providing General Guidelines for Use of Monies in the Affordable-Workforce Housing Trust Fund. OBJECTIVE: To adopt a resolution declaring a valid public purpose for accepting voluntary donations made directly to the County for affordable-workforce housing, establishing an Affordable- Workforce-Housing Trust Fund and providing general guidelines for use of monies in the Affordable- Workforce Housing Trust Fund, CONSIDERATIONS: Over the past several years, the County has received commitments from various entities for donations towards affordable-workforce housing, These commitments typically have occurred during the rezoning process, Further, these commitments typically are tied to the building of residential units or commercial units and often the commitments do not contemplate the donation occuning until such time that a building permit or certificate of occupancy is issued, To date, tbe County has received a commitment of $6,655,500 in such donations and $56,000 in actual funds, Following various discussions witb the Board on these ~ commitments, it appeared advisable to develop a resolution for Board review and approval that would declare the valid public purpose in accepting such donations and that would also establish a trust fund and guidelines for use of monies in the Trust Fund to advance affordable-workforce housing options and opportunities in Collier County, The attached proposed Resolution is intended to govern such voluntary commitments made directly to the County for affordable-workforce housing, It establishes a valid public purpose of receipt of such donations and further establishes that unless previously determined, such donations shall be made before or at the time a certificate of occupancy is issued for a unit of any development for which a voluntary donation for affordable-workforce housing is offered, The proposed Resolution also provides that interest earned in the Trust Fund shall remain with the Trust Fund and that any repayments of loans from the Trust Fund for affordable-workforce housing options shall be deposited in the Fund, /""" Section 3 of the proposed Resolution sets forth procedures for the use of the Affordable- Workforce Housing Trust Fund monies, Any use of the monies must be approved by the Board in accordance with the tcrms of the Resolution, Some of the express options for use of the monies set forth in tbe Resolution include down payment assistance, impact fee relief assistance, land acquisition uses, construction loans, the development of a community land trust, homebuyer education and counseling, disaster recovery and mitigation uses for members of the community eligible for affordable-workforce housing and use of up to a maximum of ten percent (10%) of any collections of donations to monitor, administer and oversee the Fund program, Section 3 also provides that first preference in receiving assistance from the Fund for allowed options or uses shall be given to those applicants who have not already received assistance in some form Agenda Item No. 10M May 22, 2007 Page 2 of 10 from the County's other affordable-workforce housing programs during the same budget year, This last measure is proposed to ensure that the broadest possible cross section of the community eligible for affordable-workforce housing assistance is able to participate in receiving assistance, The Board should note that the commitments or donations in question, as stated above, are contingent upon the construction of units in most instances, This means that unless the units are built, no funds will be received, Attached is an exhibit showing all of the commitments made directly to the County to date for the Board's ready reference, The Housing and Human Services Department will be responsible for administering the Fund and bringing the proposed uses of the monies to the Board for approvaL The proposed Resolution was also provided to the Clerk in advance of this item being submitted to the agenda, FISCAL IMPACT: The strategies recommended in the Resolution will increase the staffs time in progranlming and monitoring of these programs, A 10% administrative fee will be collected to offset the administrative costs associated with these new programs with 1 % going to Community Development and Environmental Services and 9% to Housing and Human Services" GROWTH MANAGEMENT IMPACT: The adoption of the proposed Resolution and the use of monies received for the Trust Fund may assist the County in achieving Objectives I and 2 of our Growth Management Plan's Housing Element as set forth in the recent EAR-based amendment to increase affordable-workforce housing in the County by 1000 units per year averaged over a five-year period, Otherwise, there would appear to be no growth management impact associated with this Executive Summary and Recommendation, RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution declaring a valid public purpose for receipt of direct donations to the County for affordable-workforce housing, establishing the Affordable-Workforce Housing Trust Fund and general guidelines for use of monies in the Affordable-Workforce Housing Trust Fund and authorize the Chairman to sign the Resolution, PREPARED BY: Michael W, Pettit, Chief Assistant County Attorney APPROVED BY: Marla Ramsey, Administrator, Public Services Division Joseph Schmitt, Administrator, CDES Marcy Krumbine, Director, Housing and Human Services 06-CPS-00381/597 2 :2;t--O ClCl~ ~O '" ,J w ~>>O> <=",ro ~:2;CL '" u <= Q) 0> <{ (/) Z o i= <{ z o o C) z W ::> o I W ..J ell <t o et: o u.. u.. <{ c :i:w ...!< zc =>0 0,.. 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'" .. 8 .; o M .. 0' 0. 0..,. 0 OOONe 0010""0 cOrsi......:ll5u;i ..... co (DON 6't....~C\lW .. 0,", 0" ON om N::;j 1)1 - .. .. ~ e ~ ~ < ]i .. ~ Ig 7D 0- 6 o~ > C 0_ e:g~ 2 '3 0 0 <l: CD ~I~:;! i5~c3 C3S ooWr--t-1- 60 00 o o o .n M o o o ci <0 '" '" '" ~~ o N N .,; ~ * 2: ~ it -5 ;:.gg III :5 fi~ III Q)-O .E ~ ~l~ i '" 0:/:.'1 w:: ~ w: g 'Q)S I..:.!E Q ~~"'tI 1_\lOW o .m ~ lij (/) ((l ,.:; ..!!1~2 (I) I.E ~ .0 1lI.c ~- ~ ~!-- - :x Cii m :'ffi J!ti15~~lil.e~c i3 >! i ai fii ...J Ql.....l Q) e; F III E If) ~<ri~~~lI)EIIl~ IV ~ st Ql C) e 0 e Q) trtll-tsO::: 0:: (9()(!l 0:: "il"iiiCiiiii E~'E~ ll) Q) lUlU :2:2:2:2 III III III III 8!.~~~ .~ III 0'" 19 al 1En 0"- '" s . tal P is E,. u o . 0 >"" ~~ NN ~~ "E ~~ :g ~ < u: w . ~ ~ 001 ~ III lE ~ If) 'C 1IJ.... al o .... 0 ~ 't:I ~ ~I ~ ~ ~ 02: "E ex: (l)'- 0 B ctI ~.= ~ :s ooJ:..io..-IOO E E " "' ~ ~ r--I'-r--.I'-'" " ~~~~~~ ~~~~~~ 000000 N 'I' '" o M.....((lNtO 9 ~ ~C(<? t!. ,.........r--.,..."r--.o 00000 co~ E~ 8 ~~~ u::~ ~" ~ ~ ~ ~ . ~ ~ E ~ ~~ ~ ~ "in ~ ~ 5- ~ ~ o c. 00 0<0 "':0 _f#tN~ Agenda Item No, 10M May 22, 2007 Page 4 of 10 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING A VALID PUBLIC PURPOSE FOR ACCEPTING VOLUNTARY DONATIONS FOR AFFORDABLE- WORKFORCE HOUSING MADE DIRECTLY TO THE COUNTY, ESTABLISHING AN AFFORDABLE-WORKFORCE HOUSING TRUST FUND AND PROVIDING GENERAL GUIDELINES FOR USE OF MONIES IN THE AFFORDABLE- WORKFORCE HOUSING TRUST FUND. RECITALS WHEREAS, the Board of County Commissioners of Collier County, Florida (the "Board") has determined that the public health, safety and general welfare requires the implementation of an affordable-workforce housing program for the following purposes: a, To implement the goals, objectives and policies of the Collier County Comprehensive Plan; b, To provide housing opportunities for Collier County families in order to meet the existing and anticipated housing needs of such persons and to maintain a more balanced socio-economic mix in the community; c, To assist in satisfying the community's obligation to ensure that a fair share of the community's housing production is affordable to Collier County families; d, To provide for a range of home ownership opportunities for those who work in Collier County and who provide the community with essential services but presentl y cannot afford to purchase a home within the community; and e, To provide an opportunity for developments which create additional affordable-workforce housing demands within Collier County to share in the responsibility to provide affordable-workforce housing, WHEREAS, the Board has directed staff to develop an inclusionary zoning ordinance and related affordable-workforce housing mitigation fee for Board consideration; and Agenda Item No, 10M May 22, 2007 Page 5 of 10 WHEREAS, from time to time, voluntary donations for affordable-workforce housing or as a credit against any affordable-workforce housing mitigation fee that might be adopted in the future are made directly to the County; and WHEREAS, the Board finds that there is a valid public purpose for accepting such voluntary donations for affordable-workforce housing; and WHEREAS, the Board also finds that such voluntary donations for affordable- workforce housing should be maintained in a trust fund with the use of such monies limited to meeting affordable-workforce housing needs; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: SECTION ONE. PUBLIC PURPOSE. The Board hereby declares that a valid public purpose exists for accepting voluntary donations for affordable-workforce housing and that such donations should be deemed to be a credit against any affordable-workforce housing mitigation fee, including fees in lieu of any inclusionary zoning obligation, that may be adopted in the future, SECTION TWO. AFFORDABLE-WORKFORCE HOUSING TRUST FUND. There shall hereby be established an Affordable-Workforce Housing Trust Fund (sometimes referred to hereafter as the "Fund"), All voluntary donations made directly to the County for affordable-workforce housing shall be deposited into the Fund within five (5) business days of receipt Unless otherwise stipulated or agreed as set forth as Exhibit 1 to this Resolution (which reflects offered donations to the County for affordable-workforce housing to date), donations shall be made before or at the time a certificate of occupancy is issued for a unit of any development for which a voluntary donation for affordable-workforce housing is offered. 2 Agenda Item No. 10M May 22, 2007 Page 6 of 10 Any interest derived from deposits in the Fund shall follow and remain with the Fund, Any recaptured monies, e,g" repayments on loans, shall also be deposited in the Fund, Monies in the Fund, including interest and recaptured monies, shall be disbursed according to the eligible uses as set forth in this Resolution and as approved by the Board and administered by the Housing and Human Services Department staff. SECTION THREE. USE OF AFFORDABLE-WORKFORCE HOUSING TRUST FUND MONIES. Collier County shall use the funds deposited within the Fund for the following purposes, including but not limited to the options set forth in numbered paragraphs I ~8 in this Section, Annually, the staff of Housing and Human Services will solicit project proposals from local nonprofit organizations and "for profit" developers as well as individuals, Staff will review and score the projects based on established criteria, The staff recommendations for funding of specific options and projects will be presented annually to the Board of County Commissioners for approvaL An annual application workshop will be conducted to provide technical assistance to applicants and address any issues or concerns. All projects will be secured by contractual agreements developed in conjunction with the County Attorney Office, Applications for assistance for the individual homebuyer will be accepted and reviewed throughout the year by Housing and Human Services staff. Availability of funds and applicant income verification would determine approvaL Options for use of Fund monies may include: L Down Payment Assistance - for units located in Collier County, Units must be primary residence and homesteaded. Residency will be verified annually, Available to households earning between 81~150% of the Median Family Income as 3 Agenda Item No, 10M May 22, 2007 Page 7 of 10 determined by the Department of Housing and Urban Development The maximum deferred loan amount is $50,000, All participants must attend a recognized homebuyer education program, This loan would not be forgivable, 2, Impact Fee Relief - for units being developed within Collier County who are serving households between 81-150% of the Median Family Income as determined by the Department of Housing and Urban Deve]opment Unit must be primary residence and homesteaded. Residency will be verified annually. This loan would not be forgivable. 3, Land Acquisition - For proposed rental and homeownership projects targeting households earning below ]50% of the Median Family Income as determined by the Department of Housing and Urban Development Deed and land use restrictions must be recorded. Construction and occupancy requirements will be based on the size of the project Applicant must apply for the applicable incentives and provide documentation, This loan would not be forgivable, 4, Construction Loans - For proposed rental and homeowners hip projects targeting households earning below 150% of the Median Family Income as determined by the Department of Housing and Urban Development Applicants may be non-profit organizations, for profit developers or individual first time homebuyers, 5, Community Land Trust - For acquiring land, existing homes and/or establishing land trust(s) with local non-profit organizations and/or developer partners or county government Down payment assistance for buyers who purchase homes in the CLT. Targeting households below 150% of the median income, 6, Homebuyer Education and Counseling - For non-profit organizations interested in delivering on-going programs to help prepare first time home buyers of all income categories for homeownership, Annual contracts will be based on specific 4 I Agenda Item No. 10M May 22, 2007 Page 8 of 10 deliverables including subject matter, diverse geographically coverage and availability of programs, 7, Disaster Recovery and Mitigation - Emergency specific disaster recovery initiatives will be presented to the Board to address housing needs for households below 150% of the Median Family Income based on the extent of the need, Assistance may include providing temporary housing for our most vulnerable populations after a disaster strikes, supplemental funding to organizations that house disaster victims and/or providing disaster mitigation funds to individual homeowner or organization projects, 8, A maximum of 10% of collections may be used to monitor, administer and oversee the Program, 9, As may be required by any stipulation or agreement with the donor provided the funds are used to meet affordable-workforce housing needs as determined by the Board. First preference in recei ving assistance from the Fund for allowed options or uses shall be given to applicants who have not received assistance from other affordable- workforce housing programs administered by Housing and Human Services during the same budget year. SECTION FOUR. REPORTING RESPONSffiILlTIES. A staff report on the receipt and uses of funds donated for affordable-workforce housing and deposited into the Fund will be presented to the Affordable Housing Commission on a quarterly basis and to this Board yearly, BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board, 5 Agenda Item No, 10M May 22, 2007 Page 9 of 10 This Resolution adopted after motion, second and majority vote, this day of ,2007, ATTEST: DWIGm E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~ tJ !dfl,/ Michael W. Pettit Chief Assistant County Attorney 06-cps-00381/595 6 Item Number; Item Summary; Meeting Date: Page I of 1 Agenda Item No. 10M May 22, 2007 Page 10 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10M Recommendation thai the Board of County Comml$sio'lers Adopt a ResolutIon Declaring a Valid Public Purpose lor Acceplirg Voluntary Donations Made Directly to tile County for Ajfordable.IJ'Iorkfor~e HOUSing, Establlsnlng WI t\fforClable.VVorUcrce ;~ollsmg Trust Fund ,JrlQ ProvidIng Celleral GllldeilnFOS 10' Use ot Monies In tile NtorSa1)ls-V\'Ofklorce Housing Trust Fund (Marla RiHTlsey AdminiSTrator F'ublic Scr.'ices) 512212007900DOAM Dnte Prepared By Michael Pettit CountyAltarney Chief Assistant County Attorney County AtlQrney Office 5/7/20078:11:44AM Date Approved By Marcy Kwmbine Public Services Dlreclor Housing &. Human Services 5/7120073:28 PM Date Approved By Michael Pettit County AlIorney Chief Assistant County Atlorney County Attorney Office 517/20074:47 PM Date Appro\'cd By Marla Ramsey PulllicServices Public S"roiccs Administrator PllblicServices"dmin 519/200712:13 PM Date Approved By OMB Coordinator County Manager's Office Adrninistrativep,ssistant Office of Manilgemt!nt& Budget 5/9f2007337PM Dale Approved By Sherry Pryor COUllly Manager's Olflce Managernent& Budget Analyst Office of Mal1agemenl & Budget 5111120071:33PM Date Approved By Mich..elSmykowski County Managers Office Management & Budgel Director Office of Management Il. Bl";lget 5/1112U074:20PM Date AppruvedBy JarnesV. MUdd board of County Commissioners County Manager Counl\' r~anag"r's Office 5!14f2D072:3JPM file://C':\AgenrlllTe<:I\Fxnnrt\R1.MlIv%!.o:n. %?O?OO7\ 10 %70('()! TNTY%?OM A NAGFR% 'illfi1?007 Agenda Ilem No, 10N May 22, 2007 Page 1 of 37 EXECUTIVE SUMMARY Recommendation to sign the formal Hazard Mitigation Grant Program (HMGP) application for $1,639,225 in HMGP funds to be used towards the construction of the new Collier County Emergency Operations Center (EOC) OBJECTIVE: To provide formal application through the Florida Division of Emergency Management for $1,639,225 of federal Hazard Mitigation Grant Program (HMGP) funds, under the provisions ofHB 7121, to fund the mitigation portions of the new EOC in Collier County. CONSIDERATIONS: On July 25, 2006 (Item 16F2) the Board provided approval for a grant application to be submitted to supplement funding necessary for the Emergency Operations Center portion of the Emergency Services Complex, This application requested funding from two sources: the State of Florida Department of Community Affairs (General Revenue Funds) and the Federal Emergency Management Agency Hazard Mitigation Grant Program. It was anticipated that, if approved by the state, that a subsequent formal complete Hazard Mitigation Grant Program application would need to be submitted, If approved, this funding will fund the mitigation portions of the project To obtain this funding the following requirements must be met: - Completion of a Benefit Cost Analysis (BCA) showing benefit - Construction ofa facility with enhanced resistance to natural and man-made hazards - Funding is to be utilized for construction costs associated with protection of the EOC - Determination that the project can be completed within the contract agreement period - Providing a County representative responsible for administration of the contract agreement Following acceptance of this application, the Florida Division of Emergency Management will forward a contract agreement for consideration by the Board of County Commissioners, FISCAL IMPACT: This funding will supplement the cost of Collier County of the Emergency Services Center (ESC) by up to $1,639,225, GROWTH MANAGEMENT IMPACT: None, RECOMMENDATION: To sign the application package and forward it to the Florida Division of Emergency Management allowing the formulation of a contract agreement for funding, PREPARED BY: Jim von Rinteln, Emergency Management Coordinator Item Number: Item SummlrY: Meeting Date: Page 1 of 1 Agenda Item No, 10N May 22, 2007 Page 2 of 37 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10N RE'commendal1On IC 9ign the fermal Haz,ard Mitigation Grant Program (HMGP) application for $1,639.225 in HMGP fundS to be used lowards the constRiction of the new Collier County Emergency Operations Canter (EOC) 5/22/200790000AM Emergency Management Coordinator Date Prepared By Jam€sJ. VonRinteln County Man:ilger's Office Emergency Mllnagemenl 5/9/200710:57:23 AM Dan E. Summers Bureau of Emergency Services Director O,w Approved By County Manager's Office Bureau of Emergency Services 519/20G111:00AM Approved By SkipCamp,CF,M Adminislratilleservices Facilil;es Managemant Director Date Facilities Management S/1IJ/2001 B:11 AM Principal Project Manager Date Approved By Ron HOllell Administrative Services Facililial'Man"llement 5/10/20079:17 AM MnrleneJ. Foord Granl~ Coordinator Date Approved By Administrative Services Administralille Services Admin. 5110/200112:2(; PM Approved By QMB Coordinator County Manager'sOflic!! Admil1l$tratilleAS5istant DMe orficeof Ma.nagement& Budgel 5/10/20072:15 PM Managamenl &. Budget Director p,w Approved By Micl1aelSmykowski County Manage(s Offica Offiee of Management & Budget 5/10120071:17 PM County Manager Date Approved By James V, Mudd 8oardofCounty Commi"sief1crs County Manager's Office 5110120017:40 PM file:lIC:\AlIendaTest\Rxnort\Ri-M~v%?O?? %?O?OO7\ 1 0 %?Orm TNTV%?()MA NAr.FRoj" "/1 ,,17()()7 Agenda Item No, 10N May 22, 2007 Page 3 of 37 COLLIER COUNTY BUREAU OF EMERGENCY SERVICES 3301 East Tamiami Trail . Nap]es, Florida 34] 12 . (239) 774-8000 . Fax (239) 775-5008 April 9, 2007 Florida Department of Community Affairs Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Artn: Leroy Thompson Re: Emergency Operation Center (EOe) Hazard Mitigation Grant Program (HMGP) Application Collier County hereby submits a HMGP grant application under the provisions of HB 7121 (new county Emergency Operations Centers), Collier County is in the process of breaking-ground on a state-of-the-art EOC which meets or exceeds all State and Federal criteria and is contained within an Emergency Services Center. In addition to providing a new county EOC facility, this Emergency Services Center will also contain the county Emergency Management Department 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 InformationlMedia area and Studio, Enclosed in this application packet is a complete breakout of the mitigation construction cost (Tabs 9,10&11) as well as the other required documentation and information, 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 planned EOC from this grant source, If you have any questions, please feel free to call Jim van Rinteln in our Emergency Management office at (239) 774-891 L Sincerely, ~ @~ - Dan Summers, CEM Director, Emergency Management ~ Encls, co o ,;;/~",; T c o " M , .y STATE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGm.rpaa,~~ 2~~26~~ FLOOD MITIGATION ASSISTANCE APPLICATION Page 4 of 37 THIS SECTION FOR STATE USE ONLY FEMA-_-DR-FL o Standard HMGP o Standard FMA o 5% Initiative Application o Initial Submission or o Application Complete o Re- Submission Support Documents o Conforms wI State 409 Plan o In Declared Area o Statewide Eligible Applicant o State or Local Government o Private Non-Profit (Tax 10 Received) o Recognized Indian Tribe or Tribal Organization Project Type(s) o Wind o Flood o Other: Reviewer Phone#: Reviewer Fax#: Reviewer E.Mail: Date Application Received: Community NFIP Status: (Check all that apply) o Participating Community 10#: o In Good Standing 0 Non-Participating 0 CRS State Application 10: State Reviewer: Signature: Date: This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) and Flood Mitigation Assistance (FMA) proposals, Please complete ALL sections and provide the documents requested, If you require technical assistance with this application, please contact your State Emergency Management Division at (850) 922-5269. A. To Fill Out This Application: Complete all sections, which correspond with the type of proposed project Attachment A: Attachment B: General Application Sections: pp, 1-5: All Applicants must complete these sections Environmmtal Review: pp, 6-9: All Applicants must complete these sections Maintenance Agreement: p, 10: Any Applications involving public property, public ownership, or management of property Acquisition Worksheet: pp, I 1-13: Acquisition Projects only -- one worksheet per structure Elevation Worksheet: pp, 14-18: Elevation Projects only -. one worksheet per structure Drainage Worksheet: pp, 19-21: Drainage Projects only Wmd Retrofit Worksheet: pp,22.24: Wind retrofit projects only (HMGP only) .- one worksheet per structure pp, 25-27: Wind retrofit/shelter projects only (HMGP only) -- one worksheet per structure FEMA Form 90-49 (Request for Public Assistance): All Applicants must complete, if applicable, HMGP/FMA Application Completeness Checklist: All applicants are recommended to complete this checklist B. Applicant Information FEMA-Blank-DR-FL DISASTER NAME: Blank Ex.. FEMA-1609.DR-FL: Hurricane Wilma Titie r Brief Descriptive Project Summary: Collier County Ememencv Onenitions Center I, Applicant (Organization): Collier County Board of County Commissiouers 2. Applicant Type: 18I State or Local Government 0 Recognized Native American Tribe 0 Private Non-Profit 3. County: Collier 4. State Legislative District: 1'1< Congressional District(s): 14 House: 76 Senate: 37 5, Federal Tax LD, Number: 59-6000558 6, F1PS Code": 021.99021-00 C"ifyour FIPS code is not known, please fill out FEMA Form 90-49 (Attachment A) so that the Department may obtain a FIPS code for you) 7. National Flood Insurance Program (NFIP) Community Identification Number (this number can be obtained from the FIRM map for your area): !M!M1 8, NFIP Community Rating System Class Number (FMA ONLY): M 9. NFIP Last Community Assistance Visit Date (FMA ONLY): NA 10, Attach proof of current Flood Insurance Policy CFMA only), Flood Insurance Policy Number: !! 1 Attach any continuations or additional items to this page (Fonn No. HMGPIFMA-OOI, Eff. 06116106) Page I of 32 STATE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PRO~~~; 2~~'26~~ FLOOD MITIGATION ASSISTANCE APPLICATION Page 5 of 37 I L Point of Contact OMs, [gJMr, OMrs, First Name: Jim Last Name: von Rinteln Title: Emer!:encv Mana2ement Coordinator Street Address: 3301 Tamiami Trail. 1" Floor Buildine: F, City: NavIes State: FL Zip Code: 34112 Telephone:-2397748911 Fax: -2397755008 Email Address (ifavailable):JamesVonRinteln<iilcolliere:ov.net 12, Application Prepared by: OMs, Title: EM Coordinator Telephone: [8]Mr, DMrs, 239-774-8911 First Name: ~ Fax: 239-775-5008 Last: von Rinteln 13, Autborized Applicant Agent (proof of authorization authority required) OMs, [gJMr, OMrs, First Name: James Last Name: Coletta Title: Cbalrman. Board of County Commissioners Telephone: 239-774-8097 Fax: 239-774-3602 Street Address: 3301 East Tamiami Trail City: Navies State: FL Zip Code: 34112 Signature: Date: 14, All proposed projects should be included in the county's Local Mitigation Strategy (LMS), Attach is a letter of endorsement for the project from the county's Local Mitig~!Lq~~trategy Coordinator, [gJ Yes 0 No 15. Has this project been submitted under a previous disaster event? If so please number if available, No . ----- --~- Section I. Project Description ApprOved as to form & I , A. Hazards to be Mitigated / Level of Protection ~ ('J . ~ga SUffiCiency 1, Select the type of hazards the proposed project will mitigate: ~ - _: - -. .... o Flood 0 Wind 0 Storm surge [gJ Other (lis E:' 0 C- >CJCoU~ 2, IdentifY the type of proposed project: ~A.;~R.D Mrn;" A "TL:>N o Elevation and retrofitting of residential or non-residen".. ,~ ~~ 1\.:), P (2.0 b g AM o Acquisition and relocation 0 Acquisition and demolition o Wind retrofit 0 Minor drainage project that reduces localized flooding [8] Other (please explain) EOC 3, List the total number of persons that will be protected by the proposed project: 200 4, Fill in the level of protection and the magnitude of event the proposed project will mitigate, (e,g, 23 structures protected against the IOO-year (1 %) flood) ! structure(s) protected against the 500 -year Flood (10,25,50,100, or 500 year) ! structure(s) protected against 175 mile per hour (mph) winds 5, Engineered projects only (e,g, Drainage Improvements, Erosion Control or other special project types, (Other special project types include drainage and other engineered projects, These projects are unlike acquisition, elevation or wind retrofits/shutters,)) Attach to this page ALL engineering calculations and design plans used to determine the above level of protection. 6, Project will provide protection against the hazard(s) above for 50 years (1.e" what is the useful life of the project) 2 Attach any continuations or additional items to this page (FOnTl No, HMGPiFMA-OOI, Ell 06116106) Page 2 of 32 Agenda Item No, 10N May 22, 2007 Page 6 of 37 B. Project Description, Scope of Work, and Protection Provided (Mnst be Completed in Detail) Descnbe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will solve the problem(s) and provide the level(s) of protection described in Part A. Also, if available, attach a vendor's estimate andlor a contractor's bid for the scope of work. Please ensure that each proposed project is mitigation and not maintenance. Description of the existing problems- The current Emergency Operations Center (EOC) for Collier County Florida is located within its main administraton building consisting of 1,090 square feet, and does not meet any of the Federal, State or local requirements or guidelines for workspace or hazard resistance and survivabJity. Describe the type(s) of protection that the proposed project will provide- This project will provide protection that meets or exceeds Federal (CPG 1-20 & DOE-STD-l 020-2002), American Red Cross (ARC 4496) and the Florida building code requirements (Florida Building Code 2004, Test Protocols for High-Velocity Hurricane Zones), Scope of Work (describe in detail, what you are planning to do). This project will provide a new EOC within a multi- functional building, designed from the ground up to be disaster resistant and to assure continuity of County Operations, Approximately 17,255 square feet ofthis facility is dedicated as a fully functional Emergency Operations Center (EOC) and is central to the design of this complex, which also includes; a new 911 center, Emergency Medical Services administrative and warehouse space, a Sheriff sub~station, Emergency Management administrative offices, Information Technology back-up center, Public Information/Studio spaces, Describe any other on-going or proposed projects in the area that may impact, positively or negatively the proposed HMGP or FMA project- This project is co-located with the County's new South Regional Library project which will provide additional parking, acreage and meeting areas before, during and after a disaster. Additionally, the new Physicians Regional Medical Center (Collier) is located approximately ]/2 mile to the Southeast Section II. Project Location (Fully describe the location of the proposed project) A. Site I. Describe the physical location of this project, including street numbers (or neighborhoods) and zip codes; and if available, please provide precise longitude and latitude coordinates for the site utilizing a hand-held global positioning system (GPS) unit or the equivalent: 8125 Lely Cultural Parkway, Naples FL 34 113, 2606' 18,887 08141' 40.381 2, Title Holder: Collier Countv Government. FL 3, Is the project site seaward of the Coastal Construction Control Line (CCCL)? DYES r81NO 4, Provide the number of each structure type (listed below) in the project area that will be affected by the project That is, all structures in project area, D Residential property: _ r8I Public buildings: 1 o Other: _ D Businesses/commercial property: _ D Schools/hospitalslhouses of worship: _ B. Flood Insurance Rate Map (FIRM) showing Project Site ~ Attach two (2) copies ofthe FIRM map, a copy of the panel information from the FIRM, and, ifavailable, the Floodway Map, FIRM maps are requiredfor this application (ifpublishedfor your area). Also, all atlached maps must have the project site and structures clearly marked on the map, FIRMs are typically available from your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also be ordered from the Map Service Center at 1-800-358-9616, For more information about FIRMs, contact your local agencies or visit the FIRM site on the FEMA Web-page at httD://www.fema.l!:ov/home/MSC/hardcoDv.htm Using the FIRM, determine the flood zone(s) of the project site (Check all zones in the project area), (see FIRM legend for flood zone explanations) (A Zone must be identified) 3 Attach any continuations or additional items to this page (Form No. HMGPIFMA-OOl, Eft: 06/16/06) Page 3 of 32 Agenda Item No, 10N M8v ~7. ?n07 0 VB or V 1-30 [gJ AE or A 1-30 Page 7 of 37 0 AO or AH 0 A (no base flood elevation given) 18I B or X (shaded) 0 C or X (unshaded) 0 Floodway 0 Coastal Barrier Resource Act (CBRA) Zone (Federal regulations strictly limit Federal funding for projects in this Zone; please coordinate with your state agency before submitting an application for a CBRA Zone project). 0 Iftbe FIRM Map for your area is not publisbed, please attach a copy of the Flood Hazard Boundary Map (FHBM) for your area, with the project site and structures clearly marked on the map, 4 Attach any continuations or additional items to this page (Form No, HMGPIFMA-OOI, ElI 06/16106) Page 4 of 32 C. City or County Map with Project Site and Photographs Agenda Item No, 10N May 22, 2007 Page 8 of 37 181 Attach a copy of a city or county scale map (large enough to show the entire project area) with the project site and structures marked on the map. o Attach a USGS 1:24,000 TOPO map with project site clearly marked on the map, o For acquisition or elevation projects, include copy of Parcel Map (Tax Map, Property Identification Map, etc,) showing each property to be acquired, The map should include the Tax ID numbers for each parcel, if possible, 181 Attach photographs (at a minimum 2 photographs) for each project site per application, The photographs should be representative of the project area, including any relevant streams, creeks, rivers, etc. and drainage areas, which affect the project site or will be affected by the project For each structure, please include the following angles: front, back and both sides, Section IlL Budget/Costs In this section, provide details of all the estimated costs of the project As this information is used for the Benefit-Cost Analysis, reasonable cost estimates are essential. Since project administrative costs are calculated on a sliding scale, do not include them in the budget, Also, do not include contingency costs in the budget A. Materials Item see Attached Dimension nuantitv Cost ver Unit Cost I I B. Labor (lnclude equipment costs -- please indicate all "soft" or in-kind matches) Descrmtzon Hours Rate Cost C. Fees Paid Include any other costs associated with the project Descrintion of Task Hours Rate Cost Total Estimated Project Cost $_ 5 Attach any continuations or additional items to this page (Form No, HMGPIFMA-OOI, Elf. 06/16/06) Page 5 of 32 Agenda Item No, 10N May 22, 2007 D. Funding Sources (round figures to the nearest dollar) Page 9 of 37 The maximum FEMA share for HMGPIFMA projects is 75%, The other 25% can be made up of State and Local funds as well as in- kind services, Moreover, the FMA program requires that the maximum in-kind match be no more than 125% of the total project cost" HMGPIFMA funds may be packaged with other Federal funds, but other Federal funds (except for Federal funds which lose their Federal identity at the State level- such as CDBG, ARS, HOME) may not be used for the Stale or Local match, Estimated FEMA Share $8.250.000,00 75% of Total (maximum of75%) Non-Federal Share Estimated Local Share $2.750.000,00 25% ofTotal (Cash) $Q Q% ofT ota! (In-kind') $Q Q% of Total (Project Global Match") Other Agency Share $Q Q% of Total (Identity Other Non.Federal Agency and availability date: lliA) Total Funding sources from above $11.000.000,00 100Total % (should equal 100%) *IdentifY proposed eligible activities directly related to project to be considered for In-kind services. (Note on Page 4 Section B) "Separate project application must be submitted for each project (Global) Match project. E. Project Milestones/Schedule of Work List the major milestones in this project by providing an estimated time-line for the critical activities not to exceed a period 00 years for perfonnance, (e.g. Designing, Engineering, Permilling, etc.) Milestone Number of Davs to Comvlete rEx., Demolition of 6 structures and removal of debris 14 days] Desi"" IEn.ineering, Permitting, etc,) Complete Site work 90 days Construction 420 days Commissioning 120 days OoerationaI NLT earlv CJan/Feb) '09 6 Attach any continuations or additional items to this page (Fonn No, HMGPIFMA-OOt, Ell 06116/06) Page 6 of 32 Section IV. Environmental Review and Histone Preservation Compliance (NOTE: This application cannot be processed if this section Is not completetL) Agenda Item No. 10N May 22, 2007 Page 10 of 37 Jecause the HMGPIFMA are federally funded programs, all projects are required to undergo an environmental and historic preservation review as part of the grant application process. Moreover, all projects must comply with the National Environmental Policy Act (NEP A) and associated Federal, State, Tribal, and Local statutes to obtain funding. NO WORK can be done prior to the NEP A review process. If work is done on your proposed project before the NEP A review is completed, it will NOT be eligible for Federal fund ing. 1. The following information is required for the Environmental and Historic Preservation review: All projects must have adequate documentation to determine if/he proposed project complies with NEP A and associated statutes. The State Environmental Stqffprovide comprehensive NEPA technical assistance for Applicants, with their consent, to complete the NEPA review. The type and quantity olNEP A documents required to make this determination varies depending upon the project's size, location, and complexity. However, at a minimum, please provide the applicable documentationfrom this section tofaeilitate the NEP A compliance process. l2J Detailed project description, scope of work, and budget/costs (Section I (p. 2) and Section 1II (p. 5) of this application). l2J Project area maps (Section II, part B & C of this application (pp. 3-4)). [8J Project area/structure photographs (Section II, part C of this application (p. 4)). [8J Preliminary project plans. [8J Project alternatives description and impacts (Section IV of the application (pp. 6-8)). [8J Please complete the applicable project worksheets. Dates of construction are required for all structures. [8J Provide any applicable information or documentation referenced on the Information and Documentation Requirements by Project Type (page 9 of this application). 2. Alternative Actions The NEP A process requires that at least two alternative actions be considered that address the same problem/issue as the proposed project. In this section, list two feasible alternative projects to mitigate the hazards faced in the project area. Ooe alternative is the "No Action Alternative". 1. No Action Alternative Discuss the impacts on the project area ifno action is taken. N/A 7 Attach any continuations or additional items to this page (Fonn No. HMGPfFMA-001. Elf. 06/16106) Page 7 of 32 Section IV. Environmental Review; (NOTE: This application cannot be processed if this section is not compte/ed.) Agenda Item No. 10N May 22, 2007 Page 11 of 37 Alternative Actions, continned 2. Other Feasible Alternative Discuss a feasible alternative to the proposed project. This could be an entirely different mitigation method or a significant modification to the design of the current proposed project Complete all of parts a-e (below) and include engineering details (if applicable). a. Project Description for the Alternative Describe, in detail, the alternative project. Also, explain how the alternative project will solve the problem(s) and/or provide protection from the hazard(s). N/A b. Project Location of the Alternative (describe briefly) o Attach a map or diagram showing the alternative site in relation to the proposed project site o Photographs (2 copies) of alternative site N/A. c. Scope of Work for Alternative Project 8 Attach any continuations or additional items to this page (Fonn No. HMGPIFMA-OO I, Elf. 06116/06) Page 8 of 32 Section IV. Environmental Review; Agenda Item No. 10N May 22, 2007 Alternative Actions, coiitigoell1 of 37 d. Impacts of Alternative Project Below, discuss the impact of this alternative on the project area. Include comments on these issues as appropriate: Environmental Justice, Endangered Species, Wetlands, Hydrology (Upstream and Downstream surface water Impacts), FloodplainlFloodway, Historic Preservation and Hazardous Materials. e. Estimated Budget/Costs for Alternative Project In this section, provide details of all the estimated costs ofthe alternative project (round figures to the nearest dollar). A lump sum budget is acceptable. 1. Materials Item Dimension Ouantitv Cost ner Unit Cost I I 2. Labor (Include equipment costs - please indicate all "soft" or in-kind matches) Descrintion Hours Rate Cost I 3. Fees Paid Include any other costs associated with the project Descrintion of Task Hours Rate Cost Total Estimated Project Cost $_ 9 Attach any continuations or additional items to this page (FOrni No HMGPIFMA-OOI. Elf. 06116106) Page 9 of 32 HMGPIFMA ENVIRONMENTAL REVIEW Information and Documentation Requirements by Project Type Agenda Item No. 10N May 22, 2007 Page 13 of 37 RetrofIts to Existing Facilities/Structures Elevations Acquisitions with Demolition >/' Dates of Construction >/' Concurrence from State Historic Preservation Officer if structure is 50 years or older or if work to be done is outside the existing footprint. Drainage Improvements >/' Engineering plans/drawings >/' Permit or Exemption letter to address any modifications to water bodies and wetlands o Department of Environmental Protection o Water Management District o U.S. Army Corps of Engineers >/' Letter from State Historic Preservation Office addressing archeological impacts. >/' Concurrence from U.S. Fish and Wildlife addressing any impacts to wildlife, particularly endangered and threatened species and their habitats. >/' rfthe project is in coastal area, attach a letter from the National Marine Fisheries Service addressing impacts to marine resources. >/' Concurrence from Natural Resource Conservation Service if project is located outside city limits and may impact prime or unique farmland. Note: This is a general guideline for most projects. However, there will be exceptions. Consult with environmental staff on project types not listed. 10 Page ]0 of 32 Attach any continuations or additional items to this page (Fonn No. HMGP/FMA-DDI. ElI 06/16/06) Section V. Maintenance Agreement Agenda Item No. 10N May 22, 2007 Page 14 of 37 All applicants whose proposed project involves the retrofit or modifICation of existing public property or whose proposed yroject would result in the public ownership or management of property, structures, or facUities, must first sign the following agreement prior to submitting their application to FEMA. (NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to private property where the ownership wU/ remain private afier project completion DO NOT have to complete this form.) The Co~ntvofCol1ier, State of Florida, hereby agrees that ( ity, Town, County) if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or constructed as a result of such Federal aid. Routine mamtenance shall include, but not be limited to, such responsibilities as keeping vacant land clear of debris, ~arbage, and vermin; keeping stream channels, culverts, and storm drains clear of obstructions and debris; and keepmg detention ponds free of debris, trees, and woody growth. The purpose of this agreement is to make clear the Subgrantee's maintenance responsibilities following project award and to show the Subgrantee's acceptance of these responsibilities. It does not replace, supercede, or add to any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of project award. Signed by James Coletta the duly authorized representative (printed or typed name of signing OffiCial) Chairman of the Board of County Commissioners. (title) this _ (day) of _ (month), _/year). Signature' 'Please note: The above sIgnature must be by an individual with legal signing authority for the respective local government or county (e.g., the Chairperson, Board of County Commissioners or the County Manager, etc.) '-- -- Approved as to form & legal sufficiency ~~~"f:_ County A nay goe. 1-\ I',:Z.~ Q.. C G~f\)T M\ \\G.f\'T\OlV ~a.Ob ~AyV\ 11 Page 11 of 29 Attach any continuations or additional items to this page (Form No. HMGPIFMA-OOI, Eff06/16106) Property Acquisition Worksheet I Agenda Item No. 10N May 22, 2007 Acq isition Projeotsre"~f 37 A. Prepare a separate worksheet for eacb individual orooertv to be cquired. Please note: Participation ir an acquisition project must be voluntary on the part of the property owner. o Include at a minimum four (4) color photographs showing a front view, a side view and a back view of each structure to be acauired. Photos of the surrounding area may also be attached. Attach ph tographs to the worksheet for that ~~ I B. Site Information: 1. Owner's Name: (Must be the oerso" whose name is on the DroDertv's DE~D) Social Security Number: _ (needed for duplication of benefits (OOB) determinat['on) Spouse's name (if applicable): _ Spouse's Social Security Number. _ (needed for duplication of benefits (OOB) d termination) 2. Street Address (including city, state and zip code) or PhysicaVLegal Location: 3. If the structure is located in a Special Flood Hazard Area (SFHA) and was substantially damaged (i.e., greater than 50%) you must obtain a Substantial Damage Certificate signed by the Local Building Or City Official (preferably using FEMA's Residential Substantial Damage Estimator (RSOE) software). Please Note: The data for numbers 4, 5, and 6 of this part of the application and all of Section D are not required if the structure is located in the SFHA and a Substantial Damage Certificate is attached. 4. Base Flood Elevation of Property: _ (Obtained from Elevation Certificate) 5. Lowest (Finished) Floor Elevation of Principal Structure: _ (Obtained from Elevation Certificate) 6. Depth of water in the structure_ feet(s) _ inches. For _ hour(s), _ day(s), _ weekes), _ month (s). 7. Post Mitigation Property Use: _ The land must be retJlrned to and maintained as open space. /t will be restricted in perpetuity to open space uses as outlined in 44 eF.R. 206.434(e). c. Structure Information: (Obtained from tax records. 8Doraisalletters from homeowners. title documents) I. Attach a copy of the local government Tax Assessor's record for the subject property; and, if available, a tax map, 2. Building Type: (check one) o I-story wlo basement 0 2-story wlo basement 0 Spiit-Ievel w/o basement o I-story with basement 0 2-story with basement 0 Mobile Home o Split level with basement o Other: _ 3. Building Use: (check all that apply) o Primary Residence o Rental Property o Secondary Residence o Commercial Property o Public Building o House of Worship o Multi-Family o Other:_ 4. Construction Type: o Wood Frame o Concrete Block o Brick o Other:_ 5. Date of Construction for the structure: (if structure is older than 50 years, attach letter from State Historic Preservation Officer): _ 12 Page 12 of 32 Attach any continuations or additional Items to this page (Form No. HMGPIFMA-OOI. Eff.06/16lO6) Property Acquisition Worksheet continued Agenda Item No. 10N May 22, 2007 Page 16 of 37 Acquisition Projects Only 6. Total Square Footage ofPriocipal Structure_ (Include ProperlY Appraisal documentation. Buildine Drawines) 7. Estimated Cost to Replace Priocipal Structure (Best estimate is with Appraisal): $--1 square foot. 8. Are there accessory or out buildings on the property? 0 Yes 0 No If Yes. 0 Attached 0 Detached Please descn'be (location, type of structure, age, value): 9. If the project involves the acquisition ofa commercial property you must complete a Hazardous Materials Questionnaire for that property. If applicable, please contact the HMGPIFMA Environmental Section at (850) 922-5914 for a copy of the questionnaire. D. History of HazsrdslDamages (to the Property being acquired) List all current and past damages to the property (including damages to the structure, its contents, and any displacement costs). Include damage from declared disaster events AND other hazard events that did not result in a presidential declaration. Damages should be tied to one event. EXAMPLE: On August 13th, 2004, Hurricane Charley caused $25,000 in roof repairs. Provide proof of all costs of repairs/replacementfDisplacementlStructure/Content with receipts, insurance claim documents, work orders, repair or damage estimates, etc. . . NOTE: These data are not required if the property is located in the Fioodway or if a Substantial Damage Certificate (for most recent disaster) is attached. Cosf~f'~.,p~t~ep~~'lnft. '.. . . Dis liice ' . ctlttel . "" ">:.;~>~<~T;\:(' .,.";(,y:/:>,;;~>(",-,, 'ranee.: :'~~" ,-" .' E..!lY05104' Ex. Hilrric8neChar:ley- 2 year event per NOAA we'bslte: Ex. .Flurriea'De Frances- 3 year event per NOAA website E'x:. Hurricane Jeanne- 2 year evedtper NOAA website- Ex. 3 feet of~'aterhih-ouse Ex. Cnunty Pumping - $15.000 Ex. 2 feet of water in living room Ex. SBA loan for $110,000: Building damages ~ $69~1l4 Content damages ~ $20.734 Ex. A,ttadred-estimate for building damages of $58,515 Ex_ 9125104 Ex. 18" water in den Note regarding do.mage estimates: the date, lINe! of lNent, description of damages, and cost of repairs/replacement must be specific to _ONLY the building under co",ideration. Countywide damage estimates (e.g.. Hurricane /rene, 1999 caused 2 mil/ion dollars damage) ,nnot be used. Additionally, vague infOrmation is not usefUl or acceptable in lieu of specific building damage estimates. Please include a 13 Page 13 of 32 Attach any continuations or addItional items to this page (Form No. HMGPIFMA-OOl, Etf.06l16106) contractor's itemized repair estimate, ifpossible. Agenda Item No. 10N May 22, 2007 Page 17 of 37 14 Page 14 of 32 Attach any continuations or additional Items to this page (Fonn No. HMGPIFMA-OOI, Etf.06/16/06) Property Acquisition Worksheet continued Agenda Item No. 10N May 22, 2007 Acquisition Proje0f:5t;t3Mylf 37 _ E. Acquisition Cost Worksheet: (THIS SHEET SHOULD REFLECT INFORMATION FROM APPRAISALS AND VENDOR ESTIMATES) Pleaseflll out a separate Acquisition Cost Worksheetfor each property to be acquired (lfyour project involves the acquisition of several properties, you may wish to develop a single spreadsheet that lists each property. The spreadsheet should contain allo/the information fJe!ds in the Acquisition Cost Worksheet below). '","" ~ ClIS! luf6rmatiGn Owner'. Full Name: NA NA NA NA NA NA NA NA $ $ $ $ $ $ $ $ Spouse's Full Name (if applicable): _ Mailing Address: City, State, ZIP: Property Address: Tax Parcel Identification Number: Year Built: Square footage of the building: Pre-Disaster Fair Market Value*. (Identify Source: i.e. Appraisal, Report, Insurance ----> Estimated Cost of Demolition (include debris removal, grading, seedinc) Estimated Appraisal Costs Property Survey Costs Dosing Costs (usually handled by a title company) Relocation Assistance Other * .Please note: The community may determine the pre-disaster fair market value by using either the local tax assessed value (plus a percentage to approximate market value) or a State Certljied Property Appraiser's estimate. In either case, the market value must be based on pre-tlisaster conditions. Also, if a local tax assessed value is used, a letter from the Local Properly Appraiser must accompany the application. 15 Page 15 of 32 Attach any continuations or additional items to this page (Form No. HMGP/FMA-OOl. Eff.06/16J06) Elevation Worksheet Agenda Item No. 10N May 22, 2007 Elevation Pif'fljeCts:>Oftly NOTE: Recommended elevation for Coastal Areas is at least two feet above the Base Flood Elevation or Local Code. Please provide damage history for the structure under consideration only. Also, an entire HMGPIFMA application must, completed for each structure to be elevated. 1SI Include at a minimum four (4) color photographs showing a front view, a side view, and a back view of the structure to be elevated (North, South, East and West) and area view (facing away from the structure, toward street and toward backyard). Attach photographs to the property worksheet. A. Site Information: 1. Owner's Name: Collier County Government Social Security Number: N/A (needed for duplication of benefits (DOB) determination) 2. Spouse's Name (if applicable): N/A Spouse's Social Security Number: N/A (needed for duplication of benefits (DOB) determination) 3. Street Address (including city, state and zip code) or PhysicallLegal Location: 8125 Lelv Cnltural Blvd.. Naoles FL 34113 B. Structure Information: (Obtained tax records, appraisals, letters from homeowners) I. Building Type: (check one) o I-story w/o basement 0 2-stOlY w/o basement 0 Split-level wlo basement o l-story with basement 0 2-story with basement 0 Mobile Home o Split level with basement ISI Other: EOC 2. Building Use (check all that apply) o Primary Residence 0 Rental Property ISI Public Building 0 House of Worship o Secondary Residence 0 Commercial Property o Multi-Family 0 Other: _ 3. Constructioo Type: 0 Wood Frame o Concrete Block [8] Other: Reinforced Concrete 4. Foundation Type: o Slab on Grade o Crawl Space o Block Foundation [8] Other: Pilin.s 5. Date of original construction for the structure: 2007 6. Date of modification/upgrade to the structure (if applicable): N/A 7. What is the pre-disaster value of the building? $50 million (provide a copy of Tax Assessor's record, or certified appraisal) 8. What is the totai value of the contents of the building? $20 million (If uncertain, a value of $20.000 or 30% of the Building Replacement value, which ever is greater) (TIlE FOLLOWING DATA IS REQUIRED TO CONDUCT A BENEFIT COST ANALYSIS) (Provide documentation such as: photographs, etc.) 9. What was the depth of flooding in the building? N/A Feet, _Inches. 10. How long was the building flooded? N/A Hours, _ Days, _ Weeks, _ Months. 16 Page 16 of 32 Attach any continuations or additional items to this page (Form No. HMGPIFMA-OOI, Etf.06/!6I06) Elevation Worksheet continued Agenda Item No. 10N May 22, 2007 Elevation PrfOjt}eftP O~/Iy II. Elevation Infonllation Total Square Footage of Principal Structure: 130,000 sa ft Lowest (Finished) Ploor Elevation of Principal Structure (above sea level): N/A Proposed Elevation Height (above sea level) minimum of2 feet of free board above BFE is required: 23 Feet !! Inches Proposed Poundation Type for Elevated Structure: [gJ Columns [gJ Pilings [gJ Other: Pill C, Required information for elevation projects located in a V-zone or numbered A-zone only: 1. What is the elevation of the bottom of the lowest horizontal structure member of the building? 23' 6" (A copy of the surveyor or engineer's Elevation Certificate for the building is required. Elevation Certificate costs should be added to the application project costs) 2. What is the Base Flood Elevation (BPE) at the building site? 12' 0" 3. Prom the PEMA Flood Insurance Study (FIS), which includes the project site, fill out the appropriate table below? .Please Note; (PIS) can be ordered from the Map Service Center at 1-800-358-9616. Por more infonllation about (PIS), contact your local agencies or visit the (FlS) site on the FEMA Web-page at httn:/lwww.fema.20v/MSC/fis.htm If located in a Rivenne Flood Zone (numbered A-zone or AE zone) fill in the followinl! table: Flood Freqnency Peak Discharge (CFS) Stillwater Elevation I a-year 50-year lOa-year SOO-year If located in a Coastal Flood Zone N-zone or A-zone subiect to storm sUl'l!e) fill in the followinl! table: Flood Frequency Stillwater Elevation I a-year 50-year laO-year 500-year 17 Page 17 of 32 Attach any continuations or additional items to this page (Form No. HMGPIFMA-1l01, Eff.06l16106) Elevation Worksheet continued Agenda Item No. 10N May 22, 2007 Elevation PlOject$ (jJ~fy D. History of Hazards /Damages (to the structure being elevated) List all current and past damages to the structure (including its contents). Damages must be fully documented (i.e., you may be asked to produce supporting evidence for any claimed damages). Include damage from declared disaster events AND other hazard events which did not resnlt in a presidential declaration. Note regarding damage estimates: the date, type of event, and description of damages must be specific to ONLY the building under consideration. Countywide damage estimates (e.g., Hurricane Irene, 1999 caused 2 million dollars damage) cannot be used Additionally, vague information is not useful or acceptable in lieu a/specific building damage estimates. (:" ....}{l!~~f~ye!Jt;;Ty.Pl\-<lfEveR! :.ltg" sldl!m.S)tr,ge,c1ased basin floomng, . . . et\!.) D.amage Cost.to Structure (f)amage~ :req~ire'rf1~r()t :fusdratfCe.c:lafms:;,rece:~f5f. e;te.) Da:Umge COst. to <:lontent : (Dairiages re4Jitfe:p..oof:ot:! ."!A#~:~~:i]~5;$~~~~;i~::::-:; . et~!r :: Ex. 10/.2fl199 Ex. Hurricane Irene; Storm Surge Ex. Ex. $36,000; 00 $15,000.00 &; 8113/0-1 Ex. HUrricane Charley - Closed Basin Flooding Ex. HurrIcane Frances-Storm Surge Ex. 3 feet of water in house Ex. County Pumping - $15,000 Ex. 9/051f1i1 Ex. 21eet 01 water in living room Ex. SBA loanfi)t'.$1l0,UUO: Bldg damages - $69,114 Content damages - $]U, 734 Ex. Attl1<!hed es(imate lor bUl1ding damages of $58,515 Ex. .9/.25/04 Ex. Hurricane Jeanne-Lake Okeechobee Water Level Overflow Ex. 18" water in den N/A Note: Flood Insurance Policies must be purchased for all structures that are part ofa FEMA elevation project For more information contact the Floodplain Administrator in your area or visit the National Flood insurance Program (NFIP) Web Page at (httD://www.fema.I!Ov/nfiDl 18 Page 18 of 32 Attach any continuations or additional items 10 this page (Form No. HMGPIFMA-OOI, Eff.06/16106) Elevation Worksheet continued Agenda Item No. 10N May 22, 2007 Elevation PrB.frtg:fi{20ffiy E. Elevation Cost Information - Elevation Worksheet Use the Elevation Cost Worksheet below to develop a detailed cost estimate, which must include all project costs. Any project costs that do not clearly fall under the specified categories should be submitted to the Department for review and determination of funding eligibility under the HMGP and the FMA program. For straight elevation the structure must be retrofnted to the wind load requirements (i.e. storm shutters, hurricane clips, etc.). Complete pages 20-22olthe Wind Retrofit Worksheet. This worksheet should have all the items/rom the vendor estimate provided as ~~~':lt0r~2t~t~ ~e"~~~d.~~t.c~:n16elVII Etpi~nl!ft\11 6t~!I~tt . 'I'otlillQil#S ,JlJli"lli11i!"\1!1.eitetl!l .,. ...... . .. (~~..l~ifims @$4~'e~.l!) ,. P~tting1Rllcording!Legal Fees Ell. LS (Lump Sum) E:t. S500.00 Demolition Permit $ Building Permit(s) $ Plumbing, Electrical, Mechanical Permits $ Recording Fees $ Legal Fees $ , .~)~gll'iitlD~lgn Surveying and Site Layout $ E.. 1@S300.00 Ex. $300.00 Elevation Certificate( s) $ Engineering Design for Elevated Structure $ ,>__'-_-.- C_'C. Sil!l~~..~.ation Ex. 2000 SQ-IT@ S2.30!SQ-FT Ex. $4,600.00 .- Structural Demolition $ Lot Clearing $ Debris Removal and Disposal $ Ex. 2000 SQ-FT @ $O.75lSQ-FT Ex. $150.00 ExcavationlFill for Grading $ Retro1ftfil1gfEtevation of an Existing Structure Concrete & Block Work; Masonry Work $ Drilling & Installation of Piers, Columns, or Piles $ Beams and Columns $ Embedment and Sealant $ Foundation Walls $ Structural Steel Work $ Bracing and Anchoring $ Lifting/JackinglElevating $ Backfilling $ Detachment and Reattachment (of elements affixed to structure) $ Sub-Total for Page $ 19 Page 19 of 32 Attach any continuations or additional items to this page (Form No. HMGPIFMA-OOl, Eff.06/16/06) Elevation Worksheet continued Agenda Item No. 10N May 22, 2007 Elevation Proj~:ntrly Sub-Total from previous page $ 1 -.; . . :.;s,'. .... )!)~pl"ll~tion of CO.SIs . TOfillCosts . ("g', Ii Items @$lIO "'"hY ':";' .X '.,,,,, New Constrnction Sub-flooring $ Wall and Roof Framing and Shell Construction $ Exterior Doors and Windows, Insulation $ Hurricane ClipslTics $ PorcheslDecks (if pre-existing) $ Stairs and Railings $ Plumbing Rough-in (for supply aod drain, waste and vent) $ Electrical Rough-in (main circuit panel, junction boxes and outlets) $ Installation of ductwork for, ventilation, and air conditioning $ Final Clean-up $ ~steht"Extensions (for elevated bnildings only not for new construction) I!.L .unrs r+Matenals Ex. $1,250.00 Electrical Service PlumbingfWater Service $ Sewer/Septic System $ HV AC and Ductwork; Elevating Mechanical Equipment $ Additional Insulation $ Roof and Foundation Drainage Systems $ Soil Stabilization/Retaining Wails $ Landscape Replacement/Restoration (for landscaping disturbed by construction) Evaluated on a case-by-case basis $ lJisplacementCosls Moving Costs $ Temporary Storage Costs $ Temporary Living Facilities Costs $ -. Otll,tr':Emg;t1I~COllt.s (list additional costs to be determined by the Department for eligibility under the HMGPIFMA programs) Other(s); $ Total Eligible Project Costs $ 20 Page 20 of 32 Attach any continuations or additional items to this page (Form No. HMGPIFMA-OOI, Eff.06!l6/Q6) Drainage and Other Special Project Type Worksheet (Other special project types include drainage and other engineered projects. retrofits (shutters)). Agenda Item No. 10N May 22, 2007 Page 24 of 37 These projects are unlike acquisitions, elevations or wind Municipality/County: Project Title: _ Please fill out this worksheet completely. Note: The required information is necessary for the completion of the application process and the technical and engineering review. I. Attach a Flood Insurance Rate Map (FIRM) and indicate the project area. Make sure the Community Identification Number is displayed on the front of the map. 2. Attach a City or County Scale Map and identifY the entire project area, 3, Attach a topographical map of the study area. 4. Is a Flood Insurance Study of the Area Available? Yes D No D What is the Community Name? _ What is the Community Number? nla What is the FIS publication date? nla l! 5. How many structures within the study area were flooded? , (a) Attach a copy of the County Properl)' Appraiser Report for each structure, including address. Note: A current Uniform Residential Appraisai Report, current Realtor Summary Appraisal, RS Means Cost Estimate or Marshall &Swifl cost estimate are also acceptable supporting documentation. (b) Indicate the first floor elevation of each structure. n/a (c) What was the depth of flooding inside each structure (inches and/or feet)? nla (d) How long (hours and/or days) was each structure flooded? nla (e) Please provide an annual maintenance cost for the drainage improvement solution._ Note: Although FEMA does not fund the maintenance of a project; this cost is neededfor the benefit cost analysis and the performance of the drainage improvement system. 6. How many structures within the study area experienced yard flooding only? Q (a) Attach a copy of the County Properl)' Appraiser Report for each structure including address. Note: A current Uniform Residentiai Appraisal Report, current Realtor Summary Appraisal, RS Means Cost Estimate or Marshall & Swift cost estimate are also acceptable supporting documentation. 7. Frequency of Event: Provide specific day, month and year per flooding event for each structure. I) n/a 2)_ 3)_ 4)_ 5)_ 6)_ 21 Page 21 of 32 Attach any continuations or additional items to this page (Form No. HMGPIFMA-OOI, Eff.06116106) Agenda Item No. 10N May 22, 2007 Page 25 of 37 Drainage and Other Special Project Type Worksheet continued 8. Provide the dollar amount for each insured flooded structure (Proof ofloss includes National Insurance CIaOOs, ete...). I) n/a 2)_ 3)_ 4)_ 5)_ 6)_ 9. LOSS OF F1JNCTlON (a) List the roads within the study area that were closed due to flooding, and how many days closed. Estimate the number of one-way traffic trips per road and indicated the detour or delay tOOe per one-way trip (in hours.) 1) n/a 3)_ 2)_ 4)_ Note: Datafrom the Department afTransportation, Public Works Division, or any other credited source is acceptable. 10. Was any Non ProfitlPublic Facility affected by flooding? Yes D No D If yes: Indicate the name of the Non ProfitJPublic Facility that could not provide services due to flooding. 11. What is the Annual Operating Budget Amount for the facility or facilities mentioned above? Note: Do not include maintenance cost within the Annual Operating Budget. $ $ $ 12. Provide photographs of the damaged properties and areas. 13. Have prelOOinary plans for the drainage improvement project been completed? If yes, a copy should be submitted. YesD NoD 14. Have final approved plans and/or fmal hydrology/hydraulie studies from a professional engineer or consultant for the proposed drainage improvement project been completed? YesD NoD If yes, provide fmal plans and/or hydrology/hydraulic study. Name of the consulting fmH: _ Project engineer name: _ Telephone number: _ E-mail address: 15. Provide an estimated project budget with cost break down by line item. A Summaty Report from the consultant or Professional Engineer describing the problem and the proposed solution with the necessary supporting Engineering Calculations for the project/solution. The report should also certify the level of protection and the magnitude of event the completed scope of work will mitigate. (Example: 40 homes will be protected against a 100 Year Flood Event.) Finally,the report should provide an estOOate of damages that is anticipated for events beyond the mitigation efforts. (Example: The 40 homes can anticipate 15% structural damages for 250 Year Event and 30% structural damages for a 500 Year Flood Event). Provide a letter from the consultant or Professional Engineer indicating the design period the new drainage improvement system was designed for. 16. If you do not have prelOOinary nor final plans and studies, do you want to phase the project? 22 Page 22 of 32 Attach any continuations or additional items to this page (Fonn No. HMGP/FMA-OOl. Eff.06/16106) ,-, ""'-~-"""'-'-'. YesD No 1ZI Agenda Item No. 10N May 22, 2007 Page 26 of 37 Jrainage and Other Special Pfoject Type Worksheet continued 17. ADDITIONAL STORM DAMAGES CAUSED BY FLOODING: List the amount of damages (in dollars) caused by flooding per road. $ n/a (i.e, washout materials, culvert damages, pipe damages) List the cost incurred due to emergency measures. $ n/a List the dollar figures for debris removal within the effected? $ n1a How many days was the community without power? - Did the community lose potable water service? Yes D NoD How many days the community was without potable water services? D I day D 2 days D 3 days D Q. days How many days the cormnunity was without wastewater treatment services? D I day D 2 days D 3 days D Q. days 18. Please attach any docwnentation for other indirect damages caused by flooding within the project area. (i.e. Lost wages, police department overtime wages, public works clean up crews overtime wages, cost incurred on clearance of vehicles and other disaster-related materials, damages to electric panels in pwnping facilities, levees breaches and damaged equipments). 19. Letter of Map Revision (LOMR) may be needed for this project. Aoy changes to the FIRM need to be reflected on the flood maps, which is accomplished through the LOMR process. The construction ofthis project may lower the IOO-year flood elevation and thus, possibly lower the flood insurance rates for structures in the project area. If the LOMR process is applicable to the proposed project, please contact the Department for assistance at (850) 922-5269, Department of Community Affairs, Division of Emergency Management. Page 23 of 32 23 Attach any continuations or additional items to this page (Form No. HMGP/FMA-OOI. Eff06/16/06) Wind Retrofit Worksheet - HMGP only Agenda Item NO.1 ON May 22, 2007 WIND RETROFIT PROJECT!J.rJaN.ll.YJf 37 Please fill out this worksheet completely. A separate worksheet is required for each structnre to be wind retrofitted. ~ Attacb photographs (two cupies) of each side (North, South, East and West) of the building to be retrofitted. Photos should show a clear aDd unobstructed view of each side of the building. Sequential frames should overlap to get aD overaUlayont of the structure and show all openings (see note 12 on Notes) o Provide evidence that the shutter system complies with the Miami Dade County or Florida Building Code Specifications. The best evidence of this is a certificate issued by the Miami Dade Connty Building Department or Florida Buildiog Code stating that the proposed shutter products have been tested, approved, and comply with the Miami Dade County or Florida Building Code specifications and also with the Local Codes & Standards for the s ecific location. Non-certified shutters or roducts can 't be used. r'.f"'"~"'Il~;Rc!fifulfibi1 ,",~:!L. .li!llQt. '0>' ,.',.' p.'. .. (I) Building Name """"'!U;,;,,:" I -",-, Collier County Emergency Services Center (2) Address (3) City, State and Zip (4) Owner/Applicant (5) Contact Person (6) Disaster Number 8125 Lely Cultural Blvd. Nap les, FL 34113 Co lIier County Jim von Rinteln .. :9~l;.;(:>tA.n;; wsEONLY) E,pNLYJ . ;.,,~;., ~r' ,1''' .. ", t;":. "'! ..II ~"... .."..,....,.....:.".". ,""c'-"',,,-',",_.i.,",...,'" (I) Select Building Type See Note # (I) on Notes o Non~Engin~~red Wood. Wood buildings do not receive specific engineering attention. Examples include single and multi-family residences, some one- or two. story apartment units, and some small commercial buildings. Provide evidence of miles inland: (Mapques/, Slreel and Trips. or other) See Note # (1) OM NOles. (2) Building Site (Miles Inland) 10 Non-Engineered Masonry - These masonry buildings do not receive specific engineering attention. Examples include single and multi-family residences, some one- or two- story apartment units, and some small commercial buildings. Manufactured Building - These buildings are typically light metal structures or manufactured housing units (e.g., mobile homes). Manufactured buildings are produced in large numbers of identical or similar units. o Lightly Engineered - These buildings may combine masonry with steel framing. open.web steel joists, wood framing, and wood rafters. Some parts of the building receive engineering attention while others do not. Examples include motels, commercial, and light industrial buildings. Built before 2000. Fully Engineered - Usually these buildings are designed for a specific site and thus receive specific, individualized design attention from professional architects and engineers. Examples include high-rise office and hotel buildings, hospitals, and most public buildings. Buill after 2000. Other - These buildings do not fit into any of the descriptions listed above. (3) Number of Stories Above Grade 5 (4) Construction Date Provide support documenlalion: Lel/er from Engineer, Arch/feet. Building Official or Properly Appraiser Report. 2007 (5) Historic Building Controls 24 N/A Page 24 of 32 Attach any continuations or additional items to this page (Fonn No. HMGPIFMA..oOl. EtI06J16/06) Wind Retrofit Worksheet. HMGP only Jkl!cim~~~;;'lll\a1Y~ti<'C:">:"<"" '. @:_~:;,~.t,_.":.:,.,:.",,.:-",_,,;-,)t.. ,.,,:'t. Agenda Item No. 10N MiD: 22, 2007 WIND RETROFIT PROJECT9~AfllJ(of 37 II (1) Total Floor Area (SF) Provide support documentation: Letrer from Engineer, Architect or Building Official; Copy of sketch with the Area, Property Appraiser Report showing actual Total Square Feet. See Note # ( J) on Noles. 130,000 (2) Area Occupied by Owner or PubliclNon-Profit Agencies 130,000 (1) Building Replacement Value PWl'ide supporting documentation if Building Replacement Value Is more than $145/sffor Commercial and $/30Isffor Residential. (FEMA defoull). See Note If (4) on Notes. $65,000,000.00 B.~~ttlm.~q< , ~;. .., ..,~: .~r::~ "', ..... ,p.:, .,- ...., ., '.'" .. .. ,...,.... ',-". ','. ,. .. ,~_.,',,:. .- "~ ':'~' ~.' '.' ,~ .> .. ."".~" :1 "";2;<'\'( Ll:7":","'r":~:~'0 .., (1) Contents Description Furniture, A V equipment, Books, School Equipment (2) Total Value of Contents Provide lisl of the f!quipmenl. furniture. etc in dollars 1/ the contents are more than 30% of Building Replacement Value (FEMA defaults). InnJrance Policy Documents are acceptable. See Note 1/ (5) on Notes. $19,500,000.00 (I) Rental Cost of Temporary Building Space ($/sf7month) Provide SIlppOl1 dOCl/men/ation if it is more than SIISFlMonth (FEMA default). A simiwr building rental costin the same area is acceptable. See Note 1/ (6) on Notes. 1.50 (1) Description of Services Provided Indicale type of service provided: Ex. Emergency, Security. Educational Services, Etc. See NOle 1/ (7) on Notes. Emergency Services to Collier County, Florida (2) Anoual Budget of Public Non-Profit Agencies Provide support documentation. copy of the Annual Budge/ for the current fucal year and make sure Is related ONLY to the operation of the specific building /0 bl: retrofuted. no/lor the en/Ire department. cUy or cOWlty. See Note II (8 on Notes. $10.000,000.00 (1) Project Description Describe the ProJect: EI. Instalfation of Shutters In all windows. doors. bay doors, vents. louvers, skylights. Etc. Shouldreflectprojecr scope olwor*. (Section I, B.). See Note 1/ (9) on Notes. New EOC construction (2) Project Useful Life (Years) For Shutier; ifit is more lhan I j years it is necessary 10 provide SUppol1 dacumentatiOt1, letter from the vendorassuringlheShutler Useful Life. See Note /I (10) onNores. 50 (3) Mitigation Project Costs (4) Base Year of Costs (5) Annual Maintenance Costs ($/year) $11.000,000.00 2007 Provide support documentation if the Maintenance is alher than 1% (FEMA defaull) of Ihe mitigation project COSI. See Note 1/ (J I) on NOles. $110,000 25 Page 25 of 32 Attach any continuations or additional Items to this page (Fonn No. HMGPIFMA..ool. Eff.06l16l06) Wind Retrofit Worksheet - HMGP only Agenda Item No. 10N M~.22 2007 WIND RETROFIT PROJECT$~~~ of 37 NOTES: I. For Building Type include photos or building drawings, tax records or property appraiser document. If the building was built before 2000, it is a lightly engineered building. 2. For the Building Site (miles inland) provide the number of miles the site is located inland Infonnation may be compiled with the aid of map-making applications such Mapquest, Streets and Trips, or other application with a scale. 3. For the Building Size (area to be protected), include property appraiser documentation, engineer or building official document, homeowner tax records, survey, building drawings or any official document that shows the building size and area 4. For the Building Replacement Value (BRV), use FEMA default of $145.00/sf for commercial and $130.00/sf for residential. If any other Building Replacement Value (BR V) is used, include insurance record, letter from local building department, residential builder or property appraiser document that shows the specified value. 5. For Building Contents, use FEMA Default 000% of the Building Replacement Value (BRV). If the content is more that 30% of Building Replacement Value (BRV), then include an insurance record, or as itemized list signed by appropriate person from Finance Department. If it is a residential property include receipts, appraisal, estimates based on current market prices. 6. For Displacement Cost (Rental Cost of Temporary Building Space), use FEMA default of$1.00/sflmonth or provide documentation if a different value is used. A similar building rental cost in the area is acceptable. 7. For Description of Services Provided, indicate what type of service (Emergency, Security, Educationa~ Public, Libl'lll) Water Treatment Services, etc). 8. For Annual Budget, use a line item operations budget from appropriate official such as the applicant's accountant, finance department, etc. Spreadsheets are acceptable if signed by the appropriate official. 9. For the Project Description, describe the project and indicate number of openings, include all openings: windows, doors, bay doors, vents, louvers, skylights, (required to protect the complete envelope of the structure). Also include the retrofit of any exterior equipment such as HV AC units, or window A/C units, propane gas tanks, etc, which need to be bolted / strapped to the slab, wall or roof. 10. For the Project Useful Life, use FEMA defaults, (15 years) for shutters and (30 years) for roof. Use documentation from the vendor for anything more that the default values. 11. For Annual Maintenance Cost use the FEMA Default of I % ofthe Mitigation Project Cost. If other than I % include supporting documentation. Be aware that under "HMGP" FEMA will not pay Annual Maintenance. 12. All pictures should be identified as to building number, address, side of building (N,S,E, or W), and correlated to itemized vendor listing (ex. Windows / opening # I on page I of vendor estimate). All this information is necessary in order to expedite the review and recommendation process of the project. 26 Page 26 of 32 Attach any continuations or additional Items to this page (Faun No. HMGPIFMA.OOI. Eff.061l6lO6) Wind Retrofit Worksheet - HMGP only Agenda Item No. 10N . May 22, 2007 WIND RETROFIT PROJECfS~NlJ'6f 37 '_ Shelter Retrofit Project Only Benefit Cost Data Collection Form Please provide the fullowing data and documentation for shelter retrofit projects only to determine the cost effectiveness of the project. In addition to the Wind Retrofit Worksheet the Shelter Retrofit Worksheet must be completed. "lfthe scope of work is the retrofit of a buiiding to create a shelter, the shelter's design must comply with PEMA 361, Design and Construction Guidancefor Community Shelters." 1'r,/pct L 'lJrllflJlion (1) Building Name (2) Address (3) City, State and Zip (4) County (5) Owner / Applicant (6) Contact Person (7) Disaster Number Answer Documentation N.eeded Sketch of building, copy of architectural or engineering plans or letter from engineer / architect Longest length of entire building in feet Longest width of entire building in feet Sketch of building, copy of architectural or engineering plans or letter from engineer / architect Letter from engineer or architect responsible for shelter specifications Shelter construction type (reinforced & pre-cast concrete, reinforced masonry, un. reinforced masonry, steel, wood, or user defined) Letter from engineer or architect verifying construction type (If user defined chosen, please provide estiroates of the percent of occupants injured and the percent of occupant fatality for the pre- mitigation state of the building for each class of wind speeds; fill out tables 1 and 2 below) Windows, door and skylight area (Is the window, door and skylight area greater than, equal to or less than seven percent of total wall and roof area Hurricane shelter occupancy. Maxiroum capacity of shelter (Each person must have a minimum of20 uare feet Project cost Letter from engineer or architect Letter from facility manager, building engineer, fire marshal or local building inspector Line item breakdown from contractor Annual malotenance cost Letter from contractor or facility manager Project useful life If FEMA default is not used, provide guarantee from vendor or letter from engineer -Wind speed building is designed to thstaod io its re-miti ation state Letter from engineer 27 Page 27 of 32 Attach any continuations or additional items to this page (Fo,", No. HMGPIFMA-OOI. Eff.06116106) Wind Retrofit Worksheet - HMGP only Agenda Item No. 10N May 22, 2007 WIND RETROFIT PROJECTS ON4Yage 31 of 37 Shelter Retrofit Project Only Benefit Cost Data Collection Form (Continued) Please use Table I and 2 to report the percent of occupants injured at various wind speeds. For lower wind speeds the percent injured may be zero. For example, if the building, in its pre-mitigation state, was designed to withstand 120 mph winds, zeros would be entered for the first three rows of the Tables I and 2. Values for wind speeds above what the building is designed to withstand should be entered only if supporting documentation is provided, otherwise the benefit-cost module will calculate defaults values. Tables I and 2 will also need to be filled out if "user defined" is chosen as the shelter construction type. Table 1. Percentaee (%) of occupants in.inred atvanous wind speeds (pre-mitieation) (optional) Wind !(leed Jmiles per bonr) Perceotaee (%) of occupants injured 0-44 45 - 77 78- 118 119 - 138 139-163 164-194 195 -210 211-262 263 + Table 2. Percenta!!e (%) of occupant fatalities at vanous wind speeds (pre-mitieation) (optional) Wind speedLmiIes per houti Percentaee (o/olof occupant fatality 0-44 45 - 77 78 - 118 119-138 139-163 164-194 195-210 211-262 263 + Please use Table 3 and 4 only if supporting documentation is provided. It is not necessary to provide values for these tables because the benefit-cost module will calculate dcfuults values. However, if values other than the default values are warranted, please fill out Tables 3 and 4. These tables ask, "How effective will the project be at reducing injuries or death at each wind speed?" For example, the mitigation project may eliminate 98 percent of injuries at wind speeds of 195 to 210 miles per hour. Table 3. Effectiveness of mitigation in reducing injuries (optional) Wind speed (miles per bonr) Miti!!ation effectiveness (%) 0-44 45 - 77 78 -118 I 19-138 139 - 163 164-194 195 210 211-262 263 + 28 Page 28 of 32 Attach any continuations or additional items to this page (Form No. HMGPIFMA-OOl. Eff.06116/06) Wind Retrofit Worksheet - HMGP only Agenda Item No. 10N May 22, 2007 WIND RETROFIT PROJECTS ONlNdge 32 of 37 _Shelter Retrofit Project Only Benefit Cost Data Collection Form (Continued) Table 4. Effectiveness ofmitl"ation in reducinl! fatalities ontional\ Wind sDeed-fmlles Der hour) Miti"ation effectiveness (%) 0- 44 45 - 77 78 - 118 119-138 139 - 163 164-194 195 -210 211 - 262 263 + 29 Page 29 of 32 Attach any continuations or additional items to this page (Form No. HMGP/FMA-OOl, Etf.06l16/06) ffi(Xijd o/~~, ~oady 3301 East Tamiami Trail- Naples, Florida 34112 - 49n (239) 774-8097' Fax (239) 774-3602 ~M}vmi64~ Agenda Item No. 10N May 22, 2007 Page 3 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 February 27, 2007 Florida Department of ConUllunity Affairs Division of Emergency :\.1anagement Bureau.ofPreparedness and Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Acceptance of Emergency Operation Center (EOC) Construction and Improvement Initiative fundillg for Collier County Dear:\.1r. Fugate, Collier County is pleased to accept the award offering of$I,510,094 in General Revenue Funds and $1,639,225 in Hazard Mitigation Grant Program (HMGP) Funds tow31'ds the construction of a new EOC. Furthennore, 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 tenns of a contract agreement and HMGP requirements. Additionally, we see no obstacles to the completion of our EOC project within the three (3) year contract period. The Collier County representative for administration of this Agreement is Mr. Dan Summers, Director, Collier County Bureau of Emergency Services, smcer22 i~ ~~ " Janes Coletta, Jr: . Chairman c:' ~ !' CJ ATT~sr:' . .... D~I~~E:.BROC~:, CLERK '~!:W~U )~~~o.c. - ' ,'-.". ~, -',." ':,':, . "':'. ...." :'~ ,~','. ".o..::;:,tt--. ..ql t~, . .. Attiif. . ~, 11'111fl! ~ '. ~fQtlllturt['}n-l. 'u .-!~ i a , ~ '" % )0- Il: ~ t ~ ~ r . Agenda Item NO.1 ON May 22, 2007 Page 34 of 37 GOOCLETTE RD S UVIN GSTON RD S ... at UVIHGSTON RD M 175 SL\ a Ail '" Z III ~ o ;;I:l 011I EVERGLADes BLVD 8: Agenda Item No. 10N May 22, 2007 SCHARFf 37 & ASSOCIATES INCORPORATED ARCHITECTS. PLANNERS M-CXJ01427 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 (EOe) 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 guidelines 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, soecifically 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, AlA President 2205/311me,jjttWc~t;WdWn&illenue ' Suite 200 . Fort Lauderdale, Florida 33309 954-566-2700 . Fax 954-566-2770 Agenda Item No. 10N May 22, 2007 Page 36 of 37 HARVARD jOllY Architecture Interior Design Planning programming Landscape Program Management BOARD OF DIRECTORS R..John Glees,AIA Jeffrey E. Cobble, AlA Ward J. Friszolowskl,A1A MIchael K. Hart, AlA William B. Harvard, Jr., AlA Steven M. Heiser. AlA Ronald N. L.ang, AlA James A. Shawhan, AlA Blanchard E. Jolly, Emeritus 2714 DrML King JrSt N 81. Petersburg. FL 33704 727-896-4611 WoNW.HarvardJolly.com AACOOO119 July 6, 2006 Florida Department of Community Affairs, Division of Emergency Management RE: Collier County Emergency Operations Center (EOC) ARC4496,'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 ot which were reviewed and followed in the planning and design of the Collier County EOG. In addition, the desi9n criteria contained in the Department of Energy standard "Natural Phenomena Hazards Design and Evaluation Criteria For Department of Energy Facilities" (DOE-STD-1020-2002 and the workspace requirements established in the Federal Emergency Management Agency, Emergency Operations Handbook (CPG 1-20. dated May 1984) were utilized and updated to account for code revisions, etc., in the design process. The planned Collier County EOC meets or exceeds the requirements of those guidelines. 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 which meets the requirements for DOE performance category 3, design wind speeds and DOE performance category 3. wind borne debris impact criteria. . The EOC area work space is designed at 17,255 square feel 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 20 years. . Large openings, such as overhead doors, meets/exceeds the requirements for DOE performance category 3, design wind speed and wind borne 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, windbome 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. . Duplicate roof drainage system to provide sufficient drainage meeting the requirements for DOE performance category 3. 1-hour roof drainage in inches. W:\03056 Collier Co ESC\Grll.nt App Criteria NO LOGO lIT 7..Q6-06.doc Agenda Item No. lON May 22, 2007 Page 37 of 37 Information provided by TKW 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 Coliier 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 fioor of the Complex is elevated with embankment material to elevation 17.5 NGVD (6 feet above the base fiood 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 fioor 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 ft NGVD. While this elevation exceeds the ground floor elevation, the actual first floor elevation is one story above the ground fioor 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 ESe 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 onsne 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 ESe on site emergency generator. Please contact the undersigned shouid there be any questions regarding the information prOVided herein. Sincerely, HARVARD JOLLY, INC. AI Cordova, Architect Project Manager Cc: HJ file, Jim von Rinteln, Marvin Scharf, Brett Sands, Mike Fried, Dan Johnson W\03058 CoIliar Co ESCIGrant App Criteria NO LOGO Ltr 7.06-OG,doe Agenda Item No. 100 May 22, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve budget amendments recognizing the Fiscal Year 2007-08 U.S. Department of Housing and Urban Development (HUD) entitlement funding, and State Housing Initiatives Partnership Program (SHIP) allocations. OBJECTIVE: To recognize the FY 2008 U.S. Department of Housing and Urban Development (HUD) entitlement funding, and State Housing Initiatives Partnership Program (SHIP) allocations. CONSIDERATION: Housing and Human Services' HUD entitlement grants are funded, disbursed and monitored on a program year beginning July]" through June 30th The State's SHIP program also follows the same July 1st through June 30th fiscal year. Coordinating these two major funding sources allows the Housing and Human Services Department to maximize federal and state funding during the program year. The Board of County Commissioners adopted Resolution No. 2007-101 approving the HUD One-Year Action Plan for FY 2007-2008 on April 24, 2007 which outlined priorities for the expenditure of $3,199,263 in HUD entitlement funds. The State's SHIP program has allocated $2,942,972 to the County for affordable housing development. ~ FISCAL IMPACT: This budget amendment will establish program budgets for four (4) HUD entitlement programs and the State SHIP program. Both programs operate simultaneously from July 1, 2007 through June 30, 2008. The total FY 2008 budget for the four (4) HUD entitlement programs is $3,199,263. The State SHIP allocation is $2,942,972, and revenue income is projected to be $1,031,325. The Housing and Human Services budget is as follows: Federal (HUD): Community Development Block Grant (CDBG) Home Investment Partnership Act (HOME) American Dream Downpayment Initiative (ADD!) Emergency Shelter Grant (ESG) $2,400,655 $ 686,685 $ 13,9] 1 $ 98,0] 2 State: State Housing Initiative Partnership (SHIP) Program Revenues (SHIP) $2,942,972 $1,03],325 Total $7,173,560 GROWTH MANAGEMENT IMPACT: Approval of this budget amendment will fund the Housing and Human Services Department and facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. RECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the attached HUD and SHIP Budget Amendments for July 1, 2007 through June 30, 2008. Prepared by: Shawn Tan, Senior Accountant, Housing and Human Services ~ Page] ofl Agenda 11em NO.1 00 May 22, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 100 Meating Date: Recommendation to approve budget amendments recognizing the Fiscal Year 2007 ~08 US Department of Housing and Urban Development (HUD) entillernenl funding and State Housing Initiatives Partnership Program (SHIP) allocatIOns (57113,560) 5122!200190QOOAM Prepared By TarriA DanielS Grants Coordinator Dale PublicSarvices Housing & Human Services S/3120077:56:16PM Approved By Marcy Krumbine Director Date Public Services HousinlJ & Human Sen.dces SI4/20078:13AM Approved By MarillRllmsey Public Services Administrator Dllte PublicSarviees Pubiic Services Admin. 514120073:15PM Approved By OMBCoordiniltor Administrative Assistant Date County Manager's Office Office of Management & Budget 517120071:42 PM AppruvedBy Mark IsaCKson Budget Analyst Dale County Milnager'lIOffice Office 01 Managel1lcnl & 9udget 5/14120079:3!lAM Approved By James V, Mudd County Manager Dote Board of County Commissioners County Manager'sQffice 5/14!200712,OOPM file://C:\AgendaT est\Export\83-May%2022,o/0202007\ I O. %20COUNTY%20MANAGER%.. 5/1612007 " .".1'A._"~bii ~I' '\ ,,!",'" ,'J '. " .... " :. .....:r lJSllmrAllTMl\!'t1' OF~GANJ)lJIIIiAN J)E-.oPMENT "- WA1llli!larbN..D.t::~lo,'/OOflu Agenda Item No. lOa /' . Ma.y~, 2007 L c:>'l"''1"~ 3 of 4 (; clr M.a.C. 0'\'(';'-' A3B1ST.ol1;'SE(:'MTAR)",JfOR' :'-:"_V' ',,"":',' ~:Pt..AMJIaNOANIJ~ .: . -Marohll; 26&7 or;::-..., . ,~ ,..GE:1VcO MAR r" _ ..... , . '11"'7 ~ -"-"" >. "Cue" 8<;'t'Jf.:;',"l/.", "~";;;;"w..-. h"~'cmirii~:rf,,,,,,. '~'~~j$ The Honorable Jlim.es'Coletta" . '. Chair; Board of County Ccimmissioner 3301 E: Tamiami Trail County of Collier Naples, FL 34112 0,'-13-07PO,": . ,_ ,',.- '-=1..:. ,::Z?/t lE(Vl i1Jp) ,*"~""""",,.:. . ......Doar ~.noialJle.Goletla; I am pleased to inform you that the Department,of Housing and Urban Developmerit's Fiscal Year (FY) 2007 budget has been enacted 1Uld signed by the President. . This letter prevides your FY 2007 a1lO<;ations for the Office of Conimunity Plannirigand Development's (CPD) formula programs: Community Development Block Gi'antS'.(CDBO)i HOME ,Investment Partnerships; the American Dream DOWnpayment Initiative {ADDI); Housmg Opportunities for Persons with AIDS (HOPW A); and Emergency Shelter Grants (ESG). These programs provide funding, for housing, community and economic development, and assistance for special populations across the countty. HUD's budget for FY 2007 is included mRevised Continuing AppilOpriations Resolution, 2007 (p.L. 110-5). While overall funding levels.for CPD's fOImulaprograms in FY 2007 have been effectively held at the levels provided in FY 2oo6;granteell may.experience changes in individual allocations from FY 2006 to FY' 2007 due to-factors such as demographic changes and the addition of new qualified.grantees. Also, the amounts available include reallocated funds in the CDBO andH0ME progr.ams. The following amounts reflect the level of funding available for these programs in your community:. ~..,~:il!4Lli;)i~i;;-"Lc: "'."j,~~~!XP.:.ye!qR~~tB,!~~~t,: HOME Investment 'Partnerships American Dream Downpayment Initiative Housing Opportunities for Persons with AIDS Emergency Shelter Grants $2,400,655 ;-.,:',,.,i:;"...t...::'....~,"~....h;;.\,,,~.,,'. $686,685 $13,911 $0 $98,012 HUD continues to emphasize the importance of effective perf~rp1ance measurementS in: all of its formUla grant programs. On March 7, 2006, HUDpublished Ii finalFe<leraI Register'"'" . Notice titled, ,"Outcome Performance Measurement. System for-(~onunUDity PlaIming and Development formula Grant Programs." The provisiollll'ofthis Notibe are fully in effect lllId integiated into the existing CPD Integrated Disbursement and,Inf<>rmBtion System (1018), For . FY 2007, aU grantees must identify objectives and outcomes for all activities m their Consolidated Plan or annual Action Plan submission, Grantees niustteport outcome indicatms .'-"'(;",;r,;" ;"";",,,~,; 1 ''',J'' '", .0ii '1""" .;," .l' i:' Ageiid<i Item!llo:-1'OO,""'-- May 22, 2007 .. , Page 4 cf4 , 2, ' .. '1:'''. ". ..,:.?-li::0~~;:_,,;, .; .;,' .__...C, "" ;,'1~' ~"", ";;::'"", ,.::. i<:" . ~?':"~':,"~.~" .:1'::..--j;" ~/i Pi, EXECUTIVE SUMMARY Providing requested Information about potential for contributing $500,000 from Conservation Collier funds to assist the City of Naples In building trail and bridge on City -owned land as part of the Gordon River Greenway. OBJECTIVE: To determine the potential for contributing $500,000 from Conservation Collier funds to assist the City of Napies in building a trail and bridge (public access amenities) on city-owned lands as part of the Gordon River Greenway (City of Naples conceptual plan - Figure 1). Questions/Answers: . May Conservation Collier Program (Program) funds be used for development of public amenities on lands not owned by Collier County? The Conservation Collier Implementation Ordinance (Ordinance No. 2002-63) does not contemplate providing funds for development of amenities on lands not acquired by the Program. The Ordinance does allow the Program to acquire and manage lands jointly with municipalities in accordance with an approved mutual written agreement! management plan (Sec 6.3. and Sec. 14.6). Should Collier County and the City of Naples, jointly acquire lands, placement of public access amenities and corresponding expenditures by Conservation Collier may be approved by the Board in a management plan. . Maya mangement plan be approved for lands not owned by the Program? No, however, the ordinance does contemplate cooperative management arrangements with other agencies and entities in keeping with the goals of Conservation Collier. It does require that all approved management plans be consistent with the purposes identified in the Ordinance. City lands within the Gordon River Greenway have zoning designations variously as conservation, public and semi-public institutinal and leasedAirport lands (City of Naples Zoning map-Figure 2). Future land use maps identify these lands as Conservation, Planned Development, Public Service and Airport (City of Naples Future Land Use map - Figure 3). Whether the goals of Conservation Collier are consistent with the zoning and land uses, would require further discussion with represenatives from the City of Naples. . May Collier County acquire an easement over lands owned by another entity and provide management in order to develop a management plan and use Conservation Collier funds for amenities? Yes, so long as Collier County acquires a real estate interest such as an easement it may provide management in order to develop a management plan and use Conservation Collier funds for amenities. . Could a unified management plan for the Gordon River Greenway be used for Board approval to use management funds? This may be possible barring any restrictive covenants placed on lands owned or controlled by the City of Naples that are part of the Gordon River Greenway. . Which Trust Fund - Land Acquisition Trust Fund (172) or Management Trust Fund (174) - could potentially be used, if any, to pay for public access amenities under an approved management plan? The Land Acquisition Trust Fund (172) would be used to provide public access or public recreational facilities (Sect 6. 3. e.). FISCAL IMPACT: The proposed cost of the contribution by Conservation Collier Is $500,000. The Land Acquisition Trust Fund (172) currently has approximately $24 million available and another $6 million in reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: If the City expresses a willingness to grant an easement to Collier County and also place these lands under one unified management plan, then the properly will have to go through the land acquisition process set forth in the Ordinance (i.e. nomination, staff evaluation, Conservation Collier Land AcqUisition Advisory Committee consideration and then BCC consideration.) RECOMMENDATION: That in order to offer potential for funding from the Conservation Collier Land Acquisition Trust Fund for public access amenities on City-owned lands within the Gordon River I S-1z.~1 07 Greenway, it must first be determined whether the City of Naples is willing to place these lands under conservation easement in favor of Collier County and to also place these lands under one unified management plan for the entire Gordon River Greenway consistent with the goals of the Conservation Collier Program, to be administered under a cooperative arrangement by the City of Naples and Collier County. PREPARED BY: Alexandra J. Sulecki, Sr. Environmental Specialist, Facilities Management Dept. 2 Figure 1 - City of Naples Conceptual Plan Dl Figure 2 - City of Naples Zoning Map D 5/~t/D7 4 Figure 3 _ City of Naples Future Land Use Map 5 ~-z1 D 7 .... ....u " u w 5 Agenda Item No. 12A May 22, 2007 Page 1 of 4 EXECUTIVE SUMMARY That the Board of County Commissioners consider the results of the survey of Goodland residents and determine whether or not to proceed with proposed amendments to the Goodland Zoning Overlay as well as the creation of a Goodland Advisory Board. OBJECTIVE: For the Board of County Commissioners to consider the results of the survey of Goodland property owners and determine whether or not to proceed with the proposed amendments to the Goodland Zoning Overlay as well as the creation of a Goodland Advisory Board. CONSIDERATIONS: On February 27, 2007, the Goodland Preservation Coalition (GPC) expressed concerns regarding preserving the character of the Village of Goodland to the Board of County of County Commissioners (BCC). Specifically, there were concerns regarding the construction of a "mega house" on the Island. The GPC wanted the BCC to proceed with amendments to the Goodland Zoning Overlay in the Land Development Code (LDC) that would have the effect of preserving the character of Goodland. The BCC directed that before any changes were made there should be a survey of all property owners in Goodland and that there should be a at least 50% + I vote of all property owners in support of such changes before the BCC would entertain such amendments. The survey questions prepared by the GPC were reviewed by the County Attorney's Office. The surveys were sent out on March 30, 2007 with a deadline of April 20, 2007 for returning the survey. The staff of the County Attorney's Office reviewed the GPC list of property owners against the property appraiser's propel1y owner list and supervised the mail-out as well. County Attorney Office staff made random telephone calls to the property owners who purportedly returned surveys and verified that record owners had completed the survey and signed same. According to the property appraiser's list, Goodland has a total of 469 properties some of which have the same owners(s). Of the 469 properties, 352 surveys were mailed, of which a total of 222 surveys were returned to the County Attorney's Office with 198 being considered to be valid and timely; and as such tabulated as a vote. Due to several property owners legally owning multiple properties, only one survey was mailed per owner, regardless of joint ownership. The surveys consisted of the five questions which are listed below along with the final tabulated votes fonnulated from the 198 surveys. In order to achieve the 50% + I requirement, each question would need 177 "yes" votes. Of the valid surveys, not all questions were always answered and not one of the questions received the requisite 177 "yes" votes. I) Controlling side setbacks in a community can help prevent structures from being built too close to each other. Currently, side setbacks are 5 feet throughout VR and RSF4. A uniform standard of side setbacks is proposed on combined lots only. That uniform standard is 15% of the road frontage for each side. For example, a 100 foot wide lot which had been created by combininl! lots would have a minimum 15 foot per side setback. /_. Agenda Item No. 12A May 22, 2007 Page 2 of 4 Can you support the standard of 15% as described? 103 Yes 90 No 2) Can you support a size limit of 3.500 square feet under air for new construction on combine lots in Goodland? 89 Yes 105 No 3) A Goodland Advisory Board would provide comment to County Staff on all new building permit applications for Goodland. The Advisory Board members would he appointed by the County Commissioners. The Advisory Board would be consultative only and not have any authority to reject or approve any pem1it application. Only Goodland propeliy owners may volunteer to serve. Do you suppOli the creation of such an Advisory Board? 99 Yes 96 No 4) There are 49 lots in Goodland which are non-conforming. Property owners of these lots who lose their homes due to fire or natural disaster may not be able to re-build their homes without applying for a variance. Should the property owner be able to rebuild his home on the original footprint, subject to minimum flood elevations? (Please see earlier definitions) 173 Yes 21 No 5) The current GZO (Goodland Zoning Overlay) permits land based clam aquaculture. The wording poorly defines the activity, does not mention hatcheries and restricts the activity to developed lots. Do you support changes to the wording to better define and permit clam nurseries and hatcheries in Goodland? 134 Yes 56 No FISCAL IMP ACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. 2 Agenda Item No. 12A May 22, 2007 Page 3 of 4 RECOMMENDATION: For the Board of County Commissioners to consider the results of the survey of Goodland property owners and determine whether or not to proceed with proposed amendments to the Goodland Zoning Overlay as well as the creation of a Goodland Advisory Board. PREPARED BY: Marjorie M. Student-Stirling, Assistant County Attorney REVIEWED BY: David C. Weigel, County Attorney a) 5 surveys were postmarked after April 20, 2007 (should these votes count the above tabulation will need 10 include the following: I) 5 no; 2) 1 yes - 4 no; 3) 2 yes - 3 no; 4) 5 yes; 5) 4 yes - 1 no). b) There is an individual property owner who has ten properties on Goodland, (eight are jointly owned) the property owner and two joint owners submitted a total of 12 surveys, (all voting the same) of which we are only counting 1 survey as a vote. c) Two individuals jointly own a property and one owns another propcl1y solely, they submitted 2 surveys; in this matter we counted as 1 volc. d) Two ])Hlpcrties owners who jointly own 2 properties completed 2 surveys, but we counted 1 survey as a vote. e) One property owner who owns 3 properties completed 3 surveys; we c(lunted I survey as a vote. f) One survey completed by a person who address and ownership could not be veri lied; survey not counted as a vote. g) One property is owned by a family trust and trustee"s name could not hc vClified; survey not counted as a vote. h) Two surveys were submitted without a name or address; surveys not counted as a vote. i) Two pa11nerships with several partners submitted 2 surveys; 1 survey was counted. 3 Page I of ) Agenda Item No. 12A May 22, 2007 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 12A That the Board of COlJnty COlnmisslol1srs consider the results of the slJrvey of Goodland resioents and determine WflSlher or [lot to proceed with proposed amendments to trle Goodland Zoning Overlay as well as Ihe creation of [l Goodland Advisory Board MeetIng Date: C,/22!'20079:00GO,'IM Approved By Marjorie M. Student.Stirling Assistant County Altom",y Do<. County Attorney County Attorney Office 5/11120072:2BPM Approved By DavidC. Weigel County Attorney Date County Attomey County Attorney Office 5111120073:10 PM Approved By James V, Mudd County Manager Date Bo"rd 01 County Commissk.ners County Managet's Office 5111120073:32 PM tilc:! IC:\A!:!.endaT est\Exoort\83~ Mav%2022. %202007\ 12.'%20COUNTYo/020A TTORNEY%... 5/16/2007 Agenda Item No. 14A May 22, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation that the Community Redevelopment Agency (eRA) approve the expenditure of $250,000 from FY07 Fund 186 Reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee (Companion item to the Board of County Commissioners' budget amendment approvallll1der lOA to be considered before lOA) OBJECTIVE: Recommendation that the CRA approve an expenditure not to exceed $250,000 in Tax Increment Financing (TIF) from FY07 Fund 186 Reserves to assist with the establishment of a Florida State University (FSU) School of Medicine rural health training center in Immokalee. ~ CONSIDERATIONS: On June 16, 2004, the Immokalee Local Redevelopment Advisory Board met to recommend that the Community Redevelopment Agency (CRA) utilize Tax Increment Financing funds to assist with the establishment of an FSU School of Medicine rural health training center in lmmokalee. The purpose of the facility is to train nurses, social workers and other healthcare professionals who will., in turn, provide medical services to the Immokalee community. In 2004, the total cost for this project was estimated to be between $1.3-1.5 million, however, the estimated cost has since increased. Most of the flll1ding will be bome by the university and private donors. On June 22, 2004, the CRA gave "conceptual" approval for this expenditure, but requested that an itemized list of specific costs be submitted for consideration before final approval of a dollar amount, not to exceed $250,000, could be made. To satisfy the CRA Board's request, Mr. Richard Akin, CEO of Collier Health Services, Inc. (a partner with FSU's School of Medicine), submitted a budget outlining the project's start-up costs. The budget is attached to this executive summary as Exhibit A. At the June 22, 2004 meeting, the CRA also requested that the County Attomey's office review the proposed expenditures to ensure consistency with the County's Redevelopment Plan and Chapter 163, Florida Statutes, The itemized budget and legal review requested on June 22, 2004, was brought back to the CRA on November 16, 2004, whcre the CRA approved the expenditure of $250,000 in FY05 Budget Tax Increment Financing (TIF) flll1ds. However, other necessary flll1ding for the FSU Medical Facility was not realized and this expenditure was deferred to FY 06 with budgeted dollars placed back into Reserves until the timing of this project was clearly defined. On January 18, 2006, the lmmokalee Redevelopment Advisory Board again recommended approval of tlle expenditure of $250,000 from FY 06 Fund 186 Reserves to support this project. On February 14, 2006, the CRA and the BCC each approved the expenditure of $250,000 in tax increment funds from the FY06 Flll1d 186 Reserves, as set forth in Exhibit A. This project did not proceed in FY06 and no funds were specifically earmarked for this project in FY07 due to the continued uncertainty of the project. -- After lengthy negotiations between FSU and NCH Healthcare System, Inc. a Florida non- profit corporation (NCH), on or about April 3, 2007, a warranty deed was executed between Community Health Care, Inc. (CHC), a not-for-profit corporation formed by Agenda Item No. 14A May 22, 2007 Page 2 of 15 NCH, and the Florida State University Board of Trustees, which transferred title to the property from FSU to CHC (see attached Gift Agreement between NCH and FSU and the warranty deed). Funding in the amount of $1,200,000 is included in line 260, page 55 of the FSU Medical Center budget along with other capital expenditures set aside for the entire FSU Medical Center system. A one-time appropriation of $967,000 was made available for operations in the current fiscal year. Futme operations of the center will be subject to annual appropriations which are not guaranteed at this time, and it should be pointed out that there is a risk that the Immokalee FSU center will not be funded in future years. There is never a guarantee that recurrent funding will be approved by the State Legislature. Therefore, the CRA runs the risk of approving a medical center that potentially could close within one year due to a lack of operating revenue. It is also possible that the FSU Medical School could reallocate funding for this Medical School from the general appropriation if cost ovelTuns occur somewhere else in the FSU Medical School budget. On April 18, 2007, the Immokalee Redevelopment Advisory Board again recommended approval of the expenditure of $250,000 from FY07 Fund 186 Reserves to support this project as outlined in Exhibit A. FISCAL IMPACT: CRA redevelopment efforts are funded primarily through Tax Increment Financing (TIF) revenue. In practice, revenue for this CRA is generated from a rate applied against the captured assessed value increment. This assessed value increment is the difference between the base assessed valuation within the Redevelopment Area, established in 1999, and the new higher assessed valuation. It is anticipated that the assessed value increment will increase each year during the Redevelopment District's life providing for moderate tax revenue increases used to finance redevelopment initiatives. The funds being requested from the BCC are for initial costs associated with the appraisal and general cleaning and repair of an unused 32,000 square-foot building in Immokalee now owned by FSU provided it remains a medical training facility and allows NCH to operate a rehabilitation/physical therapy clinic out of one of its offices free-of-charge. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The establishment of a rural health training center will further the implementation of the County's Redevelopment Plan. Accordingly Section 4.4 of the Plan (Community Objectives), economic development is emphasized in the area in order to "expand research opportwuties in health care industry; nurture entrepreneurial business development and retention; and increase small-business startups and expansions." GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, and may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. 2 Agenda Item No. 14A May 22, 2007 Page 3 of 15 LEGAL CONSIDERATIONS: As previously mentioned, the itemized budget and legal review were brought back to the CRA on November 16, 2004, following the County Attorney's office finding that the expenditures are consistent with both the County's Redevelopment Plan and Chapter 163, Florida Statutes; therefore it is legally sufficient for Board consideration and approval. ADVISORY BOARD RECOMMENDATION: As stated above, the Immokalee Local Redevelopment Advisory Board has recommended and endorsed this project to the CRA, for the use of $250,000 of Fund 186 Reserves, contingent upon NCB and FSU agreements, on June 16,2004, January 18, 2006, and April 18, 2007. The agreement has been finalized and the property sale is completed per the attached copies of the agreement and the warranty deed. STAFF RECOMMENDATION: That the CRA approve the expenditure of not more than $250,000 in Tax Increment Financing funds from the from FY07 Fund 186 Reserves, as set forth in Exhibit A, to assist with the estabiishment of a FSU School of Medicine rural health training center in Immokalee upon receipt and acceptance of evidence of paid bills for uses limited to those shown in Exhibit A. Prepared by: Thomas Greenwood, Principal Planner, Comprehensive Planning Department 3 Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 14A May 22, 2007 Page 4 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 14A This I(em t.o be heard at 430 p.m Recammendation thaI the COITlmunity Redevelopment Agency (CRe.) approve the e~penditure of '<;;250,000 tram FY07 Fund 186 reserves to assist With the establishment 01 a Florida State University School 01 Medicille rural healtrllrailllng center inlmtllokalee (Companion item 10 the Board af County COtllllllSsioners budget amendment approval under 108to be considered before 10B) 5/22l20079 00.00 AM Princip~l Planner DlIte Prepared By Thomas Greenwood Community Development & EnvironmenllllServices Comprehensive Planning 5/8120076:53:58 AM E~ecutive Secretary Date Approved By Marlene Stewart Community Development & Environmental Services Community Developrnent & EnvironmentalServicasAdmin. S/9!20074:52PM Date Approved By JudyPuig Community Development & Environmental Services OperalionsAnalyst Community Development & Environmental Service~Admjn. SJlO12007816AM Approved By RandallJ. Cohen Community Development & EnvironmontalScrvices CommuintyPlanningllnd Redevelopment Manager Date Comprehensive Planning 5/1o/200711:S2AM Principal Planner Date Approved By Miko Bosi, AtCP Community Development & ElwironmenlalServices Zoning & Lmd Devclopment Review 5/10J200712:1BPM Approved By Date MJrjorie M. Stuctent.Stirling Assislilnt County Attorney 5110/200712:24 PM Approved By County Attorney County Attorney Office Ja!;oph K. Schmitt Community Devclopl'H!."nt 8- Environmental Services Community Development & EnvironmontalServicesAdminstrator Date Community Dovelopment & Environmental Services Admin 511112007 B:42 AM l'.dminisll"etiveAs,>istant Date Approved By OMBCoordinator County Manager'&Officl:l Office 01 Management & Budget 5111/200710;25 AM Budget Analyst Date Approved By Marklsllckson County Manager'& OIfice Office 01 Management & Budget 5111J100711:00AM County Manager 0,,, Approved By JamesV. Mudd Board of County Commissioners County Manager's Office 5111/200711:23AM file://C:\AgendaTest\Export\83-May%2022, %202007\ 14.%20AIRPORT%20AUTI-lORITY\.. 5/16/2007 Agenda Item No. 14A May 22, 2007 EXHmIT ~age 5 of 15 " Community Redevelopment Agency FSU Project, Immokalee FL Appraisal $ 15.000.00 Building Inspection $ 5,250.00 Paint & Cosmetic Repairs to Exterior $ 72,512.00 Paint & Repairs to Interior $ 32,302.00 Phase I Environmental Study $ 2,200.00 Miscellaneous costs: leaking windows, soap dispensers, towel dispensers, cabinet repairs, ceiling tiles, removal of temporary wall, replacement of doors $ 32,586.00 Locksmith $ 1,560.00 Electrical $ 11,700.00 Cabinet Repairs $ 6,500.00 Plumbing Repairs $ 4,080.00 Flooring Replacement & Repair $ 5,511.00 Biohazardous Material Removal & Cleaning (mold) $ 8,900.00 Landscaping $ 14,805.00 Equipment & Furnishings $ 37,094.00 TOTAL $ 250,000.00 '1 Tht,ln'trument prepaml by: Stephen C. Pierce, Esq. Gondlett., Coteman & JohnSDn, P.A. 4ll0t T.mlami TraD North. Suite#300 l\apJes, Florida 341 03 (239) 435.3535 4009934 OR~en42a.Q" 2~:14284 7 RBCORDBD in OFllCIAL RICORDS MaoomaOGWNTY, FL 04/27/2007 at 03:18PM DWIGHT B~'BUc!?cilifl![ RBC FII 8fi,50 j "\I Retn: GOODLIT'Ill COLBI!AII IT AL 4001 TAkIAMI TR H #300 HAILES FL 34103 Parcel Tax Ill. #49660000702 Grantee's Tax Id. #: WARRANTY DEED AND RESERV A nON OF FIRST RIGHT OF PURCHASE 3 t,tl AI>AJI. TIDS WARRANTY DEED (this "Deed") is made this _ day of ~ 2007 by and between (i) COMMUNITY HEALTH CARE, INC., a Florida Not-for-Profit Corporation, now known as NCH HEALTHCARE SYSTEM. INC. a Florida non-profit corooratio!!, having a mailing address located at 350 711>. Street North, Naples, Florida 34102 (the "Grantor"), and (ii) THE FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a Pnblic Body Corporate, having a mailing address located at 214 Westcott Building, The Florida State University, Tallahassee, Florida 32306 (the "Grantee"; wherever used herein, except as expressly limited by the terms set forth herein, the tenns "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors and assigns). WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all thai certain parcel of real property comprised of approximately 9.41:!: acres, more or less, situate in Collier County, Florida (the "Real Property"), which Real Property is more particularly descn'bed on Exhibit "A" attached hereto and incorporated herein by this reference; SUBJECT TO: (i) taxes and assessments, if any, for the year 2007 and subsequent years; (Ii) zoning, building codes and other use restrictions imposed by governmental and/or quasi-governmental authority; (iii) outstanding oil, gas and/or mineral interests of record, if any; (iv) matters that would be disclosed by an accurate survey; (v) restrictions, reservations, conditions and easements common to the subdivision; and (vi) the reserved rights expressly set forth herein which shall survive the execution, delivery and recordation hereof in the Public Records of Collier County, Florida, until such time as such surviving reserved rights are or may be terminated in accordance with the provisions expressly set forth below. By accepting delivery of this Deed, the Grantee commits to diligently undertake all reasonable steps to attempt to be able to commence operating and utilizing the Real Property and the improvements thereon for a comprehensive, rural medical services training site for the Grantee's rural medieal teaching program and establishing a comprehensive pediatric therapy program to address the healthcare needs of children and adolescents in the service area proximate to the Real Property with the goal of having a clinic initially staffed with (i) a pediatrician who is a faculty member of the Grantee to serve as the educational director of Page 1 ofIO OR :Ag42lQt~ 2MB May 22, 2007 Page 7 of 15 such facility and to oversee all on-site educational and treatment activities and (ii) a nurse practitioner and to have those initial positions filled and the facility operational by June I, 2008, triggering a right in favor of and reserved to the Grantor to re-purchase the Real Property on the terms set forth herein. In the event (a) the Grantee is tmable to commence the initial operation of a comprehensive, rural medical services training site for the Grantee's rural medical teaching program and establishing a comprehensive pediatric therapy program to address the healthcare needs of children and adolescents in the service area proximate to the Real Property by June I, 2008, or, (b) subsequent to the timely commencement (i.e., as of a date on or before June I, 2008) of the initial operation of such programs the Grantee ceases the utilization of the Real Property for such purposes for a period of twenty-four (24) consecutive calendar months, except as such period may be extended by matters of force majeure or matters not within the Grantee's control, or (c) elects to sell the Real Property, the Grantee hereby expressly acknowledges and agrees to provide to the Grantor written notice of such fact or election, as may be applicable, and, in any of such events, the Grantor shall have and is hereby granted and reserved lIDto the Grantor, a first right to purchase the Real Property from the Grantee for an amolIDt equal to the amount of all funds actually expended by the Grantee for the purposes of funding renovations to the improvements currently located on the Real Property and operating a comprehensive, rural medical services training program and comprehensive pediatric therapy program on such site, exclusive of any and all of the Grantee's personal property, including, but not limited to, documents, files, proprietmy information and materials, furniture and equipment, all of which shall remain the property of the Grantee in all events, which reserved first right of purchase is personal to the Grantor only and is not assignable or transferable to any other person or entity by operation of law or otherwise. In such event, the Grantee hereby agrees to re-convey the Real Property (exclusive of any and all equipment and/or personal property the Grantee may have re-Iocated to the Real Property) to the Grantor by means of a special warranty deed in the form attached hereto as Exhibit "B" and incorporated herein by this reference and containing the usc restriction(s) set forth therein (the "FSU Deed") with the Grantor being liable and responsible for any and all costs, fees, taxes, assessments, etc. as may be necessary to effect the conveyance of the Real Property from the Grantee to the Grantor, subject only to the matters noted in the FSU Deed. The Grantor hereby acknowledges and agrees that such granted and reserved first right of purchase shall automatically terminate in the event the Grantor either elects or does not close the purchase of the Real Property within one hundred twenty (120) days following the delivery of such written notice from the Grantee, which delivery shall be deemed to have occurred on the third (3"') business day following the date the Grantee delivers or deposits such written notice in the United States mai1, certified or registered, with postage prepaid, addressed to the Grantor's Chief Executive Officer and General Counsel at the Grantor's address first set forth above or to such other address as the Grantor may hereafter provide to the Grantee by written notice, in which event the Grantee shall have the right to sell the Real Property to any person or entity on terms acceptable to the Grantee, subject to the use the restriction and reverter (in favor of the original intended beneficiary thereof) provided for on Exhibit "B" attached to that certain Warranty Deed dated June 21, 1991 and recorded on July 9, 1993 in O.R. Book 1843, Page 2278, in the Public Records of Collier County, Florida. TO HAVE AND HOLD the same in fee simple forever; TOGETHER \VITH all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the Property. The Grantor hereby covenants with the Grantee that: (i) the Grantor is lawfully seized of the Real Property in fee simple; (H) the Grantor has good right and lawful authority to sell and convey the Real Property; (Hi) the Grantor hereby fully warrants the title to the Real Property; (iv) the Grantor will defend Page 2 of 10 OR: A~&n~~ Itf~~)1~i9 May 22, 2007 Page 8 of 15 the title to the Real Property against the lawful claims of all persons whomsoever; and (v) the Real Property is free of all encumbrances, except as otherwise noted above. IN WITNESS WHEREOF, the Grantor has executed this Warranty Deed on the day, month and year first above written. Sign~selliedanddeliv~ed in the presence of: Sign: Print: IlL J(flJ ; '" COMMUNITY HEALTH CARE, INC., a Florida Not-for-Profit Corporation, now known as NCH HEAL THCARE SYSTEM. INe. a Florida nou-urofit corooratiin; / j I. . ( /~ () ."c f./--LZ..;j (j_X!bJ'f1 c_,-v By: Allen S. Weiss, M.D. Chief Executive Officer Sign: Print: \J~ ~~ \J ; c.'o::..i. \-\.... \ e.. ("Grantor") My commission expires: STATE OF FLORIDA COUNTY OF COLLIER / d A~/i The foregoing instrument was acknowledged before me this ~ day o(~ 2007 by Allen S. Weiss, M.D., as CbiefExecutive Officer ofNCR HEALTHCARE SYSTEM, INC, a Florida non-profit corporation, who is personally known to me, Oil behalf of the corporation. ~~;nilh1)"U Eliza ffi Nav fi Vl Printed Name of Notary Public bD 6 fpltlPCA Notary Commission Number ~:::;!:'11t- EUZABETH M/lIIT1N {., ~2;:~,;~ MY COMMISSION # DO 566600 ~.~;.! EXPIRES: October 21, 2010 -''J:,iif,;r.-'f.'' Bondtd Thru Noklly PubIlc UndilWl'lttv's JOINDER ACKNOWLEDGEMENT AND AGREEMENT THE FLORIDA STATE UNNERSIlY BOARD OF TRUSTEES, a Public Body Corporate, having a mailing address located at 214 Westcott Building, The Florida State University, Tallahassee, Florida 32306 (the "Grantee"), hereby acknowledges, joins in and agrees to the reserved first right of purchase provided for in the foregoing Deed and agrees to perform all acts as may be required to comply with and effectuate a conveyance of the "Real Property" to the "Grantor," as such terms are defined in the foregoing Deed, if required by the tenns set forth therein, all in accordance with such terms and those as set forth in the attachments h~eto, Page 3 of 10 OR: A~~l2Itf~~)1~~O May 22, 2007 Page 9 of 15 IN WITNESS WHEREOF, tb.e Grantee has caused tb.ese presents to be executed in its name, by its proper attorney-in-fact duly authorized, this.ll!:"tiay of~h, 2007. .f\ftl\tt.. Signed, sealed and delivered THE FLORIDA STATE UNIVERSITY in tb.e presence of: BOARD OF TRUSTEES, 8 Public Body Corporate Sign: Print: Sign; Print: ("Grantee") STATE OF FLORIDA } COUNTY OF COLLlE~ L €PN j/, ~J! The foregoing instrument was acknowledged before me this fl.!.:.. day of _ 2007 by T.K. Wetherell, as President of THE FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate, who is personally known to me, on behalf of tb.e Public Body COlJlOrate. My commission expires: /)e,"; ~~ .y di.'"7 ../A.......J F .....~~-on No~Public ;,,\.-;:';,?;:'< Linda . """....... ~c9911 ~ r- --- .u :'ff;'~'~ commissiOn#DDL;I 1-/"'0" ..,... JH-IJM.?$tJ ~" ! j "~ire& October 20. 2007 Printed Name of Notary Public -~,if;i'lt ' ":;:T.."..._,IO< _701' .:J:2PJ..S1f9/1 Notary Commission Number Page 4 of 10 OR: At~n~2ItrQ~)lq~1 May 22, 2007 Page 10 of 15 EXHIBIT "1\.'1 PAGE 1 OF 2 Property Tax 7. D. 000626S0006 Collier Health care, Inc. Description of part of Section 28, Township -46 South, llange 29 E2st, CoIii:-:- County, Florida (E:riiaf;!:. P.D.D.) ('Xhe Isabel collier Reacl 1.mmmo}:alee Health park - Phose ').'.....0) All tlla{ part of Section 281 'fownsllip 46 South, nange 29 fu:;l, Collier Connty. Florida ,lilt! being llIore pnr!i!::'ularly l.lescribed as follows; llEGlNNINC at the nOIthc:dymost comer of NeWJll:lTkc.t SulJ/jivision :lS rcconJcd in ]Jlr.l nook I, pages 104 through 105, Public Recore.!.:; of Cauter County, FlLl6da; thel\ce along the e:!.SlerlJ' righl-of-V.'aY lim~ of Slate Road 29 (200' right.of-way) North 0051'00" West 505.00 feet; lhence leaving said righl-of-\\'2Y northerly, 1l0rthc.:l5\Crly anLl ~lerl)' 39.27 feel .:llong th~ arc of a clrculur curve COT1t2ve to the southe2sl, l1aYin(: :J. radius of 25.00 fect, through :l ccnL1111 angle of 90"00'00" and b::ing subtended by a chord which be.."lrs North 44"09'00" E;j" 35,36 feet; liu~llce North 89"09'00" East 698.50 feel; th~flce SDuth OOCl51'OOK East 5tV-g9:j~.qt lo..;a:l'oint on th~ south line of [lte plat of Hcrimgc Unit One. as recDrded'in Plat:Il6ol~--19_,.T~e?s-'U~ through 69, Colljer Coun\y, FI ..,-' \ '.' --- '- .\..- '. ~ anU<l;~ /' -. ....'/,.-- --...... J. .. 'r.. ". thel1ce alDng said line, ~6un~'8'9"09'Da" West 6B5.s~;'fcft t'o~lhc westcrlymost cornc.r of s:3.id Heritage Unit One PIal.mrJ a point of the norih~a:slctlY right. of-way line. of Madison Avenue, .:ldording tE::!l~ plat'-Ghsai!i..t{~Y{nlarket'9-ubdiyjsion; [hence along said rjghH)[-way line:'"NlJrth 450S.PSD" \Vcst'53.6J feel tD the Point of EeBinning; I ( /-::::-1~, ij:' '- G pI Ii corllainlng 9.41 :L:::rcs rnDl:c or f:c!Osf \lr f .)....) 'D j \. \// II subj~ct to C4l.scmc:nt.:; m1d l-cslrip.tions o[ '(ecprd, I ir \\ \-,/ bearings nre b,"scrl on lh~(no~stcrI1.r~p(-~il\C o~djson-AVClluCl uc:illg Norlh 45054~501' 'West. \ r-- \ \~ ~I .i ~O:: J \ ;-::- \ ~~'L./ '..:.> / WILSON. MILLER, llARTc?~:fclEEK, INC,'1tt /'-: c.:,/ '\I.-,~~,::>_______<;<~;>i ,/) '-,.' I! F ('1\'..1_>" BY VIr- r. i[-Dk~:U-~/5-'1~~ (l In P. Maloney, P.L.S. #4493 Not ttl1~ unlesS' embossed witt! the PrQfessional's seal. \V.O. Ref: Date: 15898 2H-29 (JPM:kjd) lune 15, 1993 <U-", "<tO~ ~O~ .N 0 o -~ Z~,.- E >>'" Ol",O> ==:28: '" -0 c: Ol (J) <1: " "" -ct- ~ '0 ..n / / 0;., .,,' / . ,:;, 7 <J?rJ.'-.. 'Lo:"'''' 1-0 / o;i..<'" 0:::> 1.-1),/ //.>.. ,p 0-..y/ ~? )~ ~< '1. o , ~) , , \/J.. '. '~" r '~ 'I :___J1 I \ I 'I \ at 1 ---'f-- L__. g \ c " >- '- , _I '- ~ " ". ""'...t..l., ','>- -"""'...., "1-;;t;,. --;'.{.:.., ""y - ~- , . ~~ 0' }: >- Q ~ 1I.OI).,0.U: / I t'O'tn --------.... 'rol~IU\ I):::;>'~ 'I:IQIIG 1'1.1 ."'''''''';/1 IlqIUHQ.oN: n"'~' Otl ~l,..;oQ U,,",l~l~. '11':'~ j .......".CJ I \ .......,co,--1- ~ ~"t>~ ~ ~ i /~ J'~ w ~ ~ ~ ., - --~~~--~" 8 g t g i- '" ~ ==- -J'~"\L) .~i,.i'8g;8~ I"".; \l \. - .. .---- -!: . X':'...n:';; I g~ ,".,.'/-' '~',";:Z1i, 1 53 " ~-) J~77:-";I\, .....\ ~ /" i t........'., ..Li ~.co,'Il.U,,_ _.r-: ~ ' l~ I I \ gt'i~1 \F.,~\ c . "- ~I . __JOI)I>'l;p,J:l.IIrn)ll::ll";'; / \ ,; " :':;'~8 I\' ~ o~'m \....J '::! 1-1 Wi( -.3,1 -1r-,,(.;o.,'I"~I:~)'_'-\~ \ I~' /;\ ~,I \(2 \ ". ,,":;:;.:1 I .:r j \ '. .1''-'' \, I /2.';';"'::".''/"1 , L\ IL. ,~ --~,~:. _l1r_'- ~c-=:":::",' i 1.;\\ \_J'--- '-'~~\-~-~i .;:/ ,I .:.-</_:\/::;-,----~~.. '~:,:;~~:' -'0_._1 ./(-.j."""'\ ....1'0\\ ~ '..~_..:.:..~~1~:... 1 _..J ~.1,t::/ I t )<, / ...-" . I L '" " , N ~ ,I ~ 'J: EN . , " . , , ~I " ~ . . , r; , ~ " I .. ~ '" ~ ~ < .... 0 '" '" ~ g . T- . . . ~ ~ " ~ ~ N 51 , o , ~ ~~jl . ~ ~ S .. III ~ ~ ;: ~ 1J.J ~ ": "- u.1 ~~ ~... a.. <..>w "'-< .:;!!<1 ... ~,..~ e; - ~: e g z ~~ ~.E ~~g ~ ~ ~~ jn . ~g .;1; t 15 .~ :0 -l J:]'-! .....rl --l 2~ ,,;,,;! i: ~~ ~~~ - .~ .:~; z: Ill:; ~.:.: ~ ~ ~~: .-1;; ~2:- .-. i::i :;11.-... :J' o o ~ ~. '" '" '" ~ > 0 0 ~ > '0 ~ ~ ~= I ~ oJ ;, ~~ w ~;! "" f-:j .... . ~~ .t~ < ~.! ..~ I 0 0 .....-<J~ ~t ~tf m 0 "':gO;; N - ~ 0 - !~'j; ~-. <, . ~~ ... ~~ :'U~;;: ix~ 00 ~ I~~ i~~; ~ ~:; " W NN . " -' I J!l:~:::...- !!!.:::: h ~ t ~~ -: ~ (/) ;=-~" -: _::l u < "" CJ i!-'- l... C. '" ~~ _0::1.. _ ~~ I- ~;...~= ,~:;~H ;0 0 .4.....~~~ ;;(~...... ~ , :::: ~:;~~'j ~~~~ ~ ~ U""oo:> o.oJ__ j ... 5 -' i5Qw"'~ ~~;;i .. ~ < .n.,. , Q V > ~ '" --~_"'grJ ~- t:I 5 ~ w .c.::.:'!i:r_j'~~~=J ~ E . :'i "jg :z: ~?~~af3~g~ ~ ~ W ..."'..C>~<Z."'-'....... .. ... u, Cl!l"" co _c,n... " ;;;..:;-~ ,. ?i:<:> ~:.: 0 ~::: 1:1 ~~~ o,wj_ "I: - ..::,""'......<:: V u. J.tI3H:-!5V~[ ,,1r::un <. ;)0 , J~)V<i "v" HI11B:l.:.j G~gG :Dd OGGV :HO OR:A9~~~QtJ*;O ~~3 May 22, 2007 Page 12 of 15 EXHIBIT "B" FORM OF FSU SPECIAL W ARRANlY DEED This instI'Ument prepared b;r: Stephell C. Piette, Esq. GoodJette., Coleman & Johnson, P.A. 4001 Tamiami Trail Nqrth, SUite #300 Naples, Florida 34103 (239) 435-3535 Parcel Tax Id. #49660000702 Grantee's Tax Id. #: SPECIAL WARRANTY DEED TillS SPECIAL W ARRANlY DEED (this "Deed") is made this _ day of 200_ by (i) THE FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate, having a mailing address located at 214 Westcott Building, The Florida State University, Tallahassee, Florida 32306 (the "Grantor"), in favor of (ii) NCH HEALTHCARE SYSTEM, INC., a Florida non-profit corporation, having a mailing address located at 350 7th Street North, Naples, Florida 34102 (the "Grantee"; wherever used herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors and assigns). WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confums unto the Grantee, all that certain parcel of real property comprised of approrirnately 9.41:!: acres, more or less, situate in Collier County, Florida (the "Real Property"), being the same land and parcel conveyed by the Grantee to the Grantor by means of that certain Warranty Deed dated March --> 2007 and recorded on April--> 2007 in O.R. Book . Page . in the Public Records of Collier County, Florida, which Real Property is more particularly described on Schedule "I" attached hereto and incorporated herein by this reference; SUBJECT TO: (i) taxes and assessments, if any, for the current year and subsequent years; (ii) zoning, building codes and other use restrictions imposed by governmental and/or quasi-governmental authority; (iii) outstanding oil, gas and/or mineral interests of record, if any; (iv) matters that would be disclosed by an accurate survey; (v) restrictions, reservations, conditions and easements common to the subdivision; and (vi) that certain use restriction and remedy set forth on Exhibit "B" attached to that certain Warranty Deed dated June 21, 1991 and recorded on July 9, 1993 in O.R. Book 1843, Page 2278, in the Public Records of Collier County, Florida, which use restriction and remedy in favor of the original intended beneficiary of the reverter provision are re-made and re-stated herein as if fully recited herein and which shall be a continuing restriction and covenant which runs with the land and is binding upon any and all successors in title to the Real Property. TO HAVE AND HOLD the same in fee simple forever; Page 7 oflO OR: Age~~PltimG~J~24 May 22, 2007 Page 13 of 15 TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the Property. The Grantor hereby covenants with the Grantee that: (i) the Grantor is lawfully seized of the Real Property in fee simple; (ii) the Grantor has good right and lawful authority to sell and convey the Real Property; (ill) the Grantor hereby fully warrants the title to the Real Property; (iv) the Grantor will defend the title to the Real Property against the lawful claims and demands of all persons cl.iming by, through or under the Grantor, but against none other; and ( v) the Real Property is free of all encumbrances, all except for and subj ect to the matters noted above. ' IN WITNESS WHEREOF, the Grantor has executed this Special Warranty Deed on the day, month and year first above written. Signed, sealed and delivered in the presence of: THE FLORIDA STATE UNNERSITY BOARD OF TRUSTEES, a Public Body Corporate Sign: Print: By: Name: Title: Sign: Print: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _ day of . 200_ by , as of THE FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate, who is personally known to me, on behalf of the Public Body Corporate. ' My commission expires: Notary Public Printed N8.1ne of Notary Public Notary Commission Number Page 8 of 10 SCBRom.E "111 OR :Agi~d~ ~te~~~ fAS 5 May 22, 2007 Page 14 of 15 PAGE: ] OF 2 J>ropert;{ 'ra;>:: 1. D. OQ0611680t)Oli Co) licr Il~alth Care r Inc. Dcscriptirm of ptlrt of Section 2B, Township 46 South, llilJlge 29 East, ColBer County, Florida (Heritilge. P.U.D.) ('J'he Isabel Collier ReiJu IrnmrnoJ.r;alee Health P~:::Y.. - p!1t.lse Two) 1>11 1l1Jt ptlrl of S~cJlOJl :28, TO'.'r'nstdp 46 SOuth, Range 29 EJ..:a, Comer Count)'. Florida ;md bcillt IIlme. paniclIbrly d~scribCL! ::IS follows; BEGrN NINO I\t tile 1l0rLhcrlYIllost ClJrllcr of NC.WllldTkel Subdivision.;]..\: recorded in PhIl Dook l, paJjcs 104 througll lOS, l'uullc HeconJs of Collier Counly, I=!ur-iun; thence alDng the. ~st~r]y riglll-of~\'I:lY line of Slate Hoad 1.9 (200' righl.of..\','.ay) North 0<>51'00" Wesl 505.00 fc:et; 111el1:c lc...wing s.uJ righHl{-way Hnnhcrly, Ilorlllc:J.sLc:dy and C:iStcrl~' 39.27 feel alol!t lh~ .arc uf a circub.l.r curve conca\'!.: to llle southeast, havinl::: :l raJius of 25.UO fcc~, lhrough ~ c.:ntrill ~wglc or 90000'00" and be:ing sul.Jte.llJ~E.l bj' :! -cilUrd which hc.;:"r.:o North <j.<j"09'OQ" E:JSI 35.36 fcc:~; Ih~llC~ Norlh 89"09'00" East 698.50 feet; thence SouLh 0005 J '00" Easl 5q7.g9~~lo'~l}Qin~, on the s:outll line of [l1e pIal of HcriLa~.c Unit One liS n::corJeLl in J11at:nboJ!-.1~.,!p:agf;.S.G8 tbrough 69, Collir:::.r CUUIl{Y. Floriua; ....L-....\..~:..-..-------.-~:,.:.'\ '.:;>" lhence along said lInc, S6~n\'~9<>09'OO" '\Vest 685.53 Te~lio,thc Wc.stcrl)'mmt corner of SJid Bcril~IG~ llnit qoc. P,lal.J...nJL~ poia! of lbe nOrlh~sl~fl)' righl.nf-w;1)' line of Madis::m A"~llIlC, ::l~cording l?.I.l~!~ jljai'<lf:-&aid.~r"1ll1arkd-'~lludiyisioJl; thence ~Iollg sait! rj"glll-Dr-W<lY line;'~_9pb {15 '1'54 '5D" \Vcst'~3.6~ fteL La lhe PDiltl or CO!l!ain[:~~g~~~it~~rcs m01~ or.t~~'~?J(-~{~-\I-""')-'I"-"J)-i\ \7\\ \1 .::;ubJed to c.;J.st:mcut:; mHI :cslnp.tlon~ o,f \ectJrd . I~ \) f bc..1.rings are l.mscd on lh?l.n'o1,lh~~~er!Y"'!ig!l!::or-~~.illO o~cli~arr-AYeIl11C:, b~illg Nor:h 45054'50" West. \(-,\ "1 ~t /:.::1 \ \.~ ,\ .SL. J ./ ---"/ WILSON. MILLER, lJARTOF'~,PE"K, INC.'!'!. i . .1.-::'.' 'i" "'. i_ . " (.I. . r'.' ...\ .~. - . ,. -----. .'.: . . , f ! 1- . \ \, I. ~~. lJY( '/l/'- v' IIJZI6A1'L~.-l;~6-'1;; flc III P. l\lL\loncy, P.L.S. #4~~~ Not tn.l(d IInless cJl\llm:;;~ with lhc Professiollal's s.~l. W.Ll. 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LI ~Iiil~bl~ ..: <z: ...'<:> (.l u.. ~ ~ o ~ ~ EXECUTIVE SUMMARY Agenda Item No. 16A1 May 22, 2007 Page 1 of 4 Recommendation to approve for recording the final plat of "Arezzo at Tuscany Reserve" OBJECTIVE: To approve for recording the final plat of "Arezzo at Tuscany reserve", a subdivision of lands located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Arezzo at Tuscany Reserve". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no required subdivision improvements associated with this plat. Engineering Services Department recommends that the final plat of "Arezzo at Tuscany Reserve" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,040.00 plat review fees GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: - There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Agenda Item No. 16A 1 May 22, 2007 Page 2 of 4 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Arezzso at Tuscany Reserve" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 16A1 May 22, 2007 Page3of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 This item requires that ex parte disclosure be prOVided by Commission Members Should a hearing be held on this ilem. all participants are required to be sworn In Recommendation to approve forrecurding the frnal pial of Arezzoat Tuscany RaservE! 5i2212Q079:0aOOAM Senior Enginoor Date Prepared By .IohnHouldsworth Community Development & Environmentlll$ervices Engineering Services 4127/20079-49:57AM Date Approved By Thomas E_ Kw:;k. P.E. Community Development & Environmental Services CDES Engineering Servic/!$ Director CDES Engineering Services 4/27/200710:15AM Approved By D~te Mar1eneStewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Se,viG~S Admin. 511120074:32 PM Operations Analyst Date Approved By JudyPuig Community Development & EnvironmentalServkas Communily Devolopment & Enviro"m.,ntal Services Admin. 511120074:40 PM Approved By JO$eph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services A<.1mlm~trator Date Community Development & EnvironrnentalServicesAdrmn. 511120075:45 PM Date Approved By OMBCoorulllator County Manager's Office Administrative Assistant Off,ce of Management 8. Budget 514/20078:51 AM Onte Approved By Markls3ckson County Manager's Office Budget Analysl Office of Management & 8udgel 519120078:07 AM [Jate Approved By LeoE.Ochs,Jr Board of County Commissioner!; Deputy CO~lfIty Manager County Manager's Office 51111200710:55AM filp.llr.\A opnrl"Tp<:tIFv........rt\R1_M",,0j,,?n?? %')(\')On71 I r. OJ,,')n('()NS.F!\IT'O/n')OAGFNnA \ 1 r.. ,/lr.nn07 ~r--" . ~ <{O~ ! ~ ~ COOO ~ ffi ~N" ~ ~ ciN<V ~ ~ ZN Ol ~ ro ~ E~o.. " ~~ " 2 ro wO '0 I::!;( c: Q) ",0 :J! 0 ~ ~ a u w o (ollCl --, YNIN>m a.. <( ~ UJ ~ CI) "' ~ It! >- ~ ..., gj t- t- <l o N N ~ a.o~ NClJ.sm.v.1 (/\lOll NOlS!Q\n .n'$\lll<>N / -.- ,~) lI1.....O~ ! I l:J~ ~ , "~ ,- ''is! I Ii ! C1WM1'108~ ~- l . 'd I ! i 6;; l!:~i , ~ ! i i ~j 11 I" ,I r," l~ ,~) ....11'I11 "":lfI3d , ,- ,t , ii! 11 ~~ ~ ~E~ ~ '" ~ ~~ '- ~t . , ~~. !;!-'" . ""-n'o'JInBlM ..al0~_ , i, ~.... " ,I ! Um:J)'IllNro~"'1lOOSo:xxw.~ " iI~ w w ~ i ,I I ~g.. :: i!i"~ II >-2 ~O ~~ 00 fEg Ii , !- ,. ~! I, · II a.. <( ~ !i.1-3..lVJ.Sla.1N1 , ~e "0 j,! ,! , ....~o 'II z o ~ u o ...J 'I /. ~~ i!~ , il OIlO(/\IOW:llL.nJolJO"ll:>Y001: h""tI':I) ~~Ii~ 11 " · ! (~. '1l'r\l 11YYJ. ..\lWlY1 Agenda Item No. 16A2 May 22, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for fecording the final plat of "Silver Lakes Phase Two-G" OBJECTIVE: To approve for recording the final plat of "Silver Lakes Phase Two-G", a subdivision of lands located in Section 10, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Staff has completed the review of the construction drawings, specifications, and final plat of "Silver Lakes Phase Two-G". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no required subdivision improvements associated with this plat. Engineering Services Department recommends that the final plat of "Silver Lakes Phase Two- G" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,085.00 - plat review fee GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Agenda Item No. 16A2 May 22, 2007 Page 2 of 4 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Silver Lakes Phase Two- G" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Nt-'" <l:;e>- <oc>O .--" (") Q) ,Cl - Ctl E 1O'tl.. ~:a: <1l '0 c: Q) !l z o w- I-l( 0;0 9 , ~ ~ ~ ~ ~ . " . ~ ~ 1- ,! . j . L i · i~I '. I~" ~SllfO~tiSI " I e, . , . " I "'" TIlIII:J ~ll'i1 lIHO"'t'\tl 1:11111' IIIllD g IN'r13~V1!S,I,k.L_ ~ ~ . i ~ o ~ . ~ ~ ~ . .. I o ~ tll ~ "- '" UJ ~ .... Il'i > III :il'I':lSOl.LU" 1-'- , . >-z 00 w- ~l( 00 "'0 "-.... , a.. ~ ~ Z o - !;i U o ...J Item Number: Item Summary: Meeting Date: Page] of I Agenda Item No 16A2 May 22, 2007 Page4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 This :tem requires tlla~ e~ partE diSC'osure be provided by Commission Members Shoulo a hearing lle held 011 thiS item. all participants are required to be sworn 111 Recommendation 10 ilpprovelor recording Hie final pial ofS,lve'-Lakes Phase Two.G 5122/~007 90000 AM Dale Prepared By John Ho"ldsworth Community Development & EnvironmenlaISarv;c{!S Sen'orEngin",,,,r Engineering Services 4/271200710:44:33AM Date Approved By Thomas E.huck. P.E. Community Development & Environmental S",rvices CDES Engineering Services Director CDES Engineering Services 4127;200711:09 AM Dale Approved By Marlene Stewart Community Dev...lopment & EnvironmentatServices Executive Secretary Communtty Devetopment & Envlronm..ntafServ;co~Admin 412712007'1021 PM Date Approved By JudyPuig Community Development & EnvironmentalS",rvicClS Operations Anal\'st Community Dcv<i>lopment & Environmental Services Admin 4/27/20074:41 PM Approved 8y Joseph K Schmitt Community Development & EnvironmentalServic:oll Community Development & Environmental Services Adminstrator Date Community Development & ErlVironmentat SiOrvicesAdmin 511/20079:55AM O~te Approved By OM8Coordinator County Manager's Office Administrative Assistant Off'ce of Management So Budget 514120078:51 AM Date Approved By Mark Isackson County Mannger'~ Office Budget Analy~t Office of Managem"'nt & Budget 5/8/20078:40AM Date Approved B~' LeoEOchs,Jr BoamofCounty Commissiorwrs OepulyCoU'lty Manager County Manager's Office 5/;1/200712:01 PM file://C:\AgendaTest\Export\83~ May%2022, %202007\ 16. o/020CONSENT%20AGENDA \ 16.. 5/1612007 Agenda Item No. 16A3 May 22. 2007 Page 1 of 5 EXECUTIVE SUMMARY To accept final and unconditional conveyance of the water facility for Forest Glen, Parcel 7 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 Forest Glen, Parcel 7 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 December 15, 2000. At that time, the value of this utility facility (assets) was $68,514 (see attachment[sJ). 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 $18,449, 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 $68,514. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. Agenda Item No. 16t,3 May 22. 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, to accept final and unconditional conveyance of the water facility for Forest Glen, Parcel 7, 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 Item Number: Item Summary: Meeting Date: Page 1 of 1 Aoenda Item Nc.. 16A3 . May 22, 2007 Paq8 ~i of!:, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1 ~;,o,3 T~ accept 1'1181 :;J:llj urlcond,t!onaicurweyfll1C80fthewaterfacliity lor Forest Gi!'r' Par:el7 ~,/22/:()U7 9.00.0GA.1;1 Prepared By' AdmintstrutoveA~sl"'tunl Date Jodi Pannullo Community Development & Environmental Services CDES Engineering Services 4124120072:03:12PM CDES Engineering Services Director Date Approved By ThOmas E. Kuck, P.E Community Dlivelopment B. EnvironmentalSe:-vices CDES Engineering Services 4124120072:47 PM Approved By WatorOpnrationsManage, Date Pamela Libby Public Utilitins Willer 4.'26/20079:08 AM Palll Mattausch Water Director Date Approved By PlIblic UlIlilins Water 4/26/10074:Z5PM Marlene Stewart E"ecutiveSl.'cretilry Date Approved Br Commumly Development a Environment"IServices Community Development & Env,rOrlmenlill Services Admin 4/27f20073,29PM Operations Analyst Date Approved 8y Judy Puig Community Development 8- E::nvironmentaIServ,ces Community Development & EnvlronmentalSf!rvicesAdmlrl 4f27IZ0074:06PM ReyS. Anderson, P.L Public Utilities Engmeering Director Date ApproverJ By Public Utilities f'llblic Utiliti(!s Englneenng SI2!20074:18PM Approved By Josepl1K. Schmitl CommurlIly Developm(!nl & EnvironmentlllServices Community Development & EnvirotHnentalServicesAdminstrator Date Community Development & Ellvironmental 5ervict!s Admin 5/2120076:20PM OMBCoordinal0r AdmlnlstriltiveAsslSlant D"te Approved By COllnty Manager's Office Qfficeof ManRgement& Budget 514120078:50 AM Mark ISilckson BudQet AI1~IYl'ot Date Approved By County Mal1al"jer's Ofllce Office of Management & Budget ~1712007 8:41 AM Approved By James V, Mudd Boa,d of County Commissioners County Mann(lN Oat;; Countv Manager's Office 5110120079:31 AM tile://C:\AgendaTcst\Export\83-Mavo/02022, %202007\ 16,%20CONSENT%20AGENDA \ 16." 5/16/2007 r0I'-Lf) <CO_ (000 ~r-.:""T ON Q) 7(\1 tJJ "- >, m =CVo.... ~2 ro D " '" '" <C 3f~~! ~",;~ >~~ ;. "~ 1 , , ! C- ~ t~1~L2d; 1h ,....." _~J11'Kl9~]nl:;l;l z o w - t:: '< ",0 o ~ "."'-.10-"")""'''.'; a.. <( ~ UJ ~ C/) ! l ,," ~~~ t--.. "1 a:; ~ ro "- )'N:)SO,J.O. / -. - .- (9 t. , , , , " i , , ~~ I ~z I . . 00 , w- I- ~ ~~ i ;~ ~ 00 r- 1 "'0 ..~ . ! I ~ . GJ , . , I ! ~~;:; 1- ~i .. ,- I '0 '- ,. 1 ~~ '" '. " . .1 0 , " " .. ~; , I H '""11''' -~'"""" , i ~~ ~ , ! , I! ,'I w ,! ~ " , ~ !;{ l , 'I ;:rlc ~ ~ , , , " , ; jr i I I ! ~ I l! 0 !' z i w " U! c ., , ~ ~ L " , 0 o- S , " " ...,."....., ::~ ~ ~ . !. , NO~..".>d ~; i,... , .- ! .. .. " ., ~e -, .wJi':i"';""" -., -- .,- I i ~~~ G''''O'In l . >OO(W",o.. 1ii Q) ~ o LJ... I 1 I a.. <( ~ z o ~ <( U o ....J 7676 Jean Boulevard Fort Myers, Florida 33912 . . ~])J)I %111.- PROJECT: FOREST GLEN OF NAPLES, PARCEL 7 VERIFICATION OF FINAL COST - POTABLE WATER SYSTEM DESCRIPTION 10" DR14 C-900 10" DR18 C-900 10" MJ GATE VALVE FIRE HYDRANT ASSEMBLY PERMANENT BACTERIOLOGICAL SAMPLE POINT AIR RELEASE VALVE ASSEMBLY 6" PVC CASING (WATER) 10" CONFLICT DROP ASSEMBLY TEMPORARY BLOWOFF ASSEMBLY TOTAL POTABLE WATER: QUANTITY 350 2,732 3 6 1 1 550 2 1 UNIT LF LF EA EA EA EA LF EA EA Agenda Item No. 16A3 PhO~~~wI#fs8854 Fax#: :'l#ft.:<4:J7-8864 UNIT PRICE $ 16.00 $ $ 14.50 $ $ 950.00 $ $ 1.800.00 $ $ 650.00 $ $ 950.00 $ $ 5.00 $ $ 2,400.00 $ $ 500.00 $ $ TOTAL 5,600.00 39.614.00 2,850.00 10.800.00 650.00 950.00 2,750.00 4.800.00 500.00 68,514.00 Agenda Item No. 16A4 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY To accept final and unconditional conveyance of the water facility for Forest Glen, Parcel 4 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 Forest Glen, Parcel 4 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 5, 2001. At that time, the value of this utility facility (assets) was $45,196.50 (see attachment[s]). Final Acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all preliminary acceptance docurnents 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 $8,005.25, 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 $45,196.50. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. I\genda Item r~o. '16.1\4 lv1ay 22, 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, to accept final and unconditional conveyance of the water facility for Forest Glen, Parcel 4, 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 Item Number: Item Summary: Meettng Date: Page 1 of 1 Aqendd Item No. 161\4 , rvlav 22 2007 Paqe:\ 015 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1b.A4 roocceptiin,/anriuncor.djtIOrJ<olcorlveyancenft>lf'water.faciiny for Fores' Glen. F'mc"i4 5/22/2UDi9.DOOOAM Prepared By Date JodiPllflrwlio Community Dcvclopmcmt & Environmental5ervices Admln'stratlv"Asslstonl CDESEngme!1ring SerVices 4124J20G72c17:0GPM Date Approved By Thomas E. Kuck, P.E Cornmunity Df<velopment & EnvironmontalScrvic(!S CDES Engineenng Services Director CDES EllgineeringServices 4/2412007248 PM Dale Approved By Pamela Libby PublicUtilllies WaWrOperat,onsManilger Water 4!26/20079:07AM Daie Approved By Paul MaUausch Public Utilities WJterDirecior WMer 4126120074:24 PM Date Allproved By Marlene Stewart Community Dovelopment & Environmental Services ExecuilveSecretary Community Devolopmont& Environmental Services Adnlin 4127120073:11 PM unie Approved By Judy Puiy Operations Analyst 4/2712007415 PM Approved By Community Development & Community Development & Env"onmenl!ll Serv'ces Env,ronment,,1 Serv,ces Aejrnin RoyS. Antlerson, F'.E Public Utilities PublicUlilities Engineering Director Date Public Utjliiios Engineering 512/20074:19 PM Approved By Joseph K. SChnliit Community Oevnlopment & Environmental ScC'nces Communiiy Development & EI,vironmentalScrvicesAdminstrator Date Community Development & 513120078c44AM Environmental Services Adll1ln Date Approved By OMBCuurdinator County Manager'sOlflee Adm;l1,stratlveJ:>.ssistJnt Ofiice of Mam,gement & Budget 51412007 8:50AM Date Approved By Mark IsaCKson County Manager'sOffle€> Budget Analyst Oftice of Management & Budget SI7I20071122AM Date Approved By JamesV.Mudd Board of County Commissioner5 CounlyManager County Manager'S Olflce 5110/20073:54 PM file://C:\AgendaTest\Exnort\83- Mav%2022. %202007\ 16.%20CONSENT%20AGENDA \] 6. 5/] 6/2007 m ~ ill Q) <: I'I/~"'>' I; ,.,., . "I I" . . I "., .J~",'"'" I "", ,<>< r ,.'> "'- ~ ~ !]~ ~ , , ~, ., I LL ~t'--L.r') ~o"- lOGO "-~7 ON (]) ZN GJ ~m ~rvo.... 2:2 . i I . >-z . "0 . w- ,~ ~ 0" "'0 I u.~ ~ , , , - " i ~ ~ " , ~! , h ~<.>o ::;~- r 7676 Jean Boulevard Fort Myers, Florida 33912 . . Agenda Item No. 16A4 PhOYtf-i41~3Ti,8854 FaX#: : 'Hfl...,S7-'8864 ~])))I %111:.- PROJECT: FOREST GLEN OF NAPLES, PARCEL 4 VERIFICATION OF FINAL COST - POTABLE WATER SYSTEM DESCRIPTION 10" DR18 C-900 PVC 10" MJ GATE VN..VE WlBOX FIRE HYDRANT ASSEMBLY AIR RELEASE VN..VE ASSEMBLY PERMANENT BACTERIOLOGICAL SAMPLE POINT 3" PVC WATER CONDUITS MISC MJ FITTINGS 10" CONFLICT DROP ASSEMBLY TEMPORARY BLOWOFF ASSEMBLY TOTAL POTABLE WATER: QUANTIT'I 1,917 1 5 1 2 200 1 1 1 UNIT LF EA EA EA EA LF LS EA EA UNIT PRICE $ 14.50 $ $ 950.00 $ $ 1,800.00 $ $ 950.00 $ $ 650.00 $ $ 4.00 $ $ 1.500.00 $ $ 2,400.00 $ $ 500.00 $ $ TOTAL 27,796.50 950.00 9.000.00 950.00 1.300.00 800.00 1,500.00 2,400.00 500.00 45,196.50 Agenda Item No. 16A5 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Mediterfa Unit 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 "Mediterra Unit One" CONSIDERATIONS: 1. On January 24, 2001. the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Mediterra Unit 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. Aqenda Item r~o. 16.1\5 , May 22, 2007 Page 2 of 5 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 "Mediterra Unit One" and release the maintenance security. PREPARED BY: John Houldsworth. Senior Engineer, Engineering Review Department Item Number: Item Summary: Meeting Date: Page I of I klenda Item No 1 bAS " M<lY 22. 2007 Page 30f5 COLLIER COUNTY ElOARD OF COUNT Y COMMISSIONERS 1f.,,",S This Item r"-qUlreS tllat "y parte disclosure oe pmvr(led bv CommissIOn Mel'"1l'Jers Should a "ISaflllg 0" neld or: t.hls iTem ail p<lrhcrr,ants are required 10 r,f' SWOIT' 111 r~ec[jmmer1dallu", 10 grantiI'13IaPP"IJVaIOiHleroatiwily(prrvateJanddrwflageiITlprovemenlsforlheflr1i1lplatof Meditmra Unit n[l~. the roadway and dI81f18\je InlPrUVelT1811TS will bf' Drlvate!y IT1slntarned 5/22:2Q{i; 900 ODt.JI Date Prepared By John Houldsworth Community Development & EnvrronmenlolServices Sen;orEngmem Engineermg SCrv;CllS SI1120078:S3:48AM Date Approved By Thomas E, Kuck P.E Communlly Development & EnvironmentalServiccs COES Engineerlr1g Services Director CDES Engin",ering Sorvices 511W10710:0SAM D,lto Approved By JudyPuig CommunityOevelopment& EnvironmentalServicos Opl)rationsAnalyst Communily Development & EnvrronmentalServlcosAdmln S/2120071'U1 AM Date Approved By Marlene Stewart Community Development & Environmental Services ExecutiveSecret.uy Community Development & Environmental Services Admin SI2J20071205PM Date Approved By JeflWright County Attorney Assistanl County Attorney County Attorney Officc S121200712:14PM Approved By joseph K. Schmitt Community Doveloprnent & Environmental ServIces Community Development & Enviromnental S"rv,ees Admlnstrator Date Community ~velopmont & Env,ronmental Services Admin 512/200711:31 PM Date Approved By OMBCoordinntor Coun1y Manager's OffIce Admm;str,lljveAssistant Officoof Manal,Jement& Budgel 514120078:52AM Date Approved By Mar~ Isackson County Manager's OffIce Budget Analyst Office of Managernpnt & Budget 5/71200711:51 AM Date Approved By LeoE.Ochs,Jr Board of County Commissioners Deputy County Manager COLlnty Man<lger'sOffice 5i11120Q710:SBAM filc:l/C: \AgendaT est\Export\83-Mav%2022.%202007\ 16. C}020CONSENTDIo20AGENDA \] 6.. 5/16/2007 LDr-LD 4:"'~ (ClOD .,-N"::j" "NQl ~0Jg' ~ ~CL ~2 '" " Qi ::J) 4: I ~4 =-- ....J ~~~n o.o~ =01'='- ~ 7", --rYr~h~? ~~~ . ~ <\Jc--\,-J, \,r::ir- I'.:'~ \~! /, I~ an .' l 'I)jE rJ(,~ ~!I) l L - i (\ ~ ":~ "" - /)1 'i ,\\) l~ 1 ~/ r::Jl;r , L ~ ~ = ~ ~~ Lf..l "L ~" \123 J/I "'^''' ,!~ C' V;, ,~j ~~ : \\=J oV~~ '<v : '~j ~'/ ":'~~ I ~ . '~'Io Y cu{!/iD g d [) l/'t Nl,vLJr , ~4d LJl~ ! ~ 1[/ 8 I-'i ;=;\=11 '-):Q ~ "fI'. '::J !" . jJ ;\1 If-rJ. '\, ~ .' 0<,"" i I~ .' I &~~""-,, lIJ tl~ ~ --L, .: ~v . ".' ~I:\ , , UN" I,\~ k0~~ ~" ~r;n:1 I: ,j,:! v c ~, . IZ\Y !J2.( ~ LLU ~ ~ ""''''' . , " _.. , . ~ ~ - ~ t ~ ~ < , ~ ::It;; " ,~~ """"",-~n" ~. '" ~t:::; ,~, """.~:lI<'" (11m) ,-~ "' l! '"l,"n "'j.J~1 ll~_ "::u:l';~ gl-3J....lSll3.l~1 ll~_ """""'ss..= ..,,, AIIlNOO~ ~ ,...,0 S 5"1~~ ! i:J ~ ~'i'" r .. iJi~ .' i!lt;; I' ,~ , ;: ~~ , ;g >-z 00 w- ,!o< 00 0:0 "-~ -, ~"~:l ~!lI~ ~~! !'~ ii~ I,~ ii' ,~, ~ g ><5..... """rod " \Ii ....tn1; ~, " _I'll ~ I~ l!>~ ." -i .,', I, lr ~z~,"~~~"li~ c ~ i~ 813 o~ 15 -' ~ a~hh:i __ (~~ ,,\f:>) IV "- 0. ill; I awOll~NfT1n.UHOd>l " i ~ ~ ~~ ~~ ~fl"" ;, 'l. ...0. ll: h '^ " l. i ~~ >- " >- ,~ ; Z " .1 I' ! ~- 0 :! !!" =---- 0 ~!!! w !'l E:. w ,"< 'I ~ " o. '! '. ~; , , , i' . < ,! ~; ! > '" ,'-. Ii i'i~", ~~d ~lS i~'i!~ ~ili5> ~~ Il.. <( :E UJ t- en ~ o .... l! ::> : '" ~ It! , II ~~ ~ Il.. <( :E Z o - ~ U o ...J e Agenda Item No. 16A5 May 22, 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 MEDITERRA UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 33, PAGES 96 THROUGH 101; 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 MEDITERRA COMMUNITY ASSOCIATION, INC. WHEREAS, the Board of County Commissioners of Collier County, Florida, 00 February 22, 2000 approved the plat of MediteITa Unit 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 fmal acceptance is hereby granted for those roadway and drainage improvements in Mediterra Unit One. pursuant to the plat thereof recorded in Plat Book 33, pages 96 through IOJ, and the CJerk 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 Mediterra Community Association, Inc. This Resolution adopted after motion, second and majority vote favoring same, this _ day of ,2007. DATE: ATTEST: DWIGHTE.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlDA , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to fann and legal su?~~ Jeffif;. Wr/llht Assislinl Collier County Attorney Aaenda Item No. 16,11,6 ~ May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Summit Place in Naples, Phase I". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Summit Place in Naples, Phase I" CONSIDERATIONS: 1. On May 18, 2004, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Summit Place in Naples, Phase I". 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. 16A6 May 22, 2007 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Summit Place in Naples, Phase I" and release the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ~- wt'-UO <(O~ (000 -~(") JQ) "OJ >,'" E",o.. !!!2 m ;2 Qj OJ <( L . ~ !" >~ .. ~~ (l~ 'll.~) mNlJlOO8l13n1O:l . i " z ~ ~ ~ ~ ~ . . e i ~ o " " ~ o " > < o ~ l\ , , ~ . a.. <( L UJ I- en < " . Z 8 0 ~ is 0 ~!;( u is g <nO , 0 ~ , i 0 ~ 0 z . ~ .. iE 31v:l$ 01 ION I <n ~ -.-- ;!; .... U .. ~ , c-L-. l ~ ! ! I-Z , , " " 00 . o. ~ '. ,. ....- -, ., ,- ,~ ~i . - <1i It " ~;1i; 00 ~ r I . g:g 1 ~ . - ~ i ~ 1 U oj ! , ~ o I! l' ,~l! I. , ~ ID '. " I ...... ~ , ". ~ , '" :1~ , " a.. . - "I '10 , :: <1~ . i,!" ~~ I: ! f ' . , ~ ;!jt:- <( , 1 ! !' i'l if ill , L l -,- CIlIVI'J1IlOl1t/3rno:l 196"11-:> I I 1i ! I! ~ h;! , " --L , ! Z , jl ! JlliJ I i. 1 " ~~ , 0 " , - , l !, .,~>- ~ ~<- 11 " OOC>lI-n...,Vl ., S ",l"... - ,~~ II! "1 I! " ffi~ - ,~ ~ :w>::lS.. 1 1 I ,;1 ,CD ,. ~W u ., 0 ~* l g , , ;iIO.lxT ~. <!i~G , ~ ! ...J ,- " <1~~ '" <!i ~;!. l~ -I" E~ . 1" -IiI ! 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" I el:;; i, II " ~~>- , ,~ .. ~<!i~ I' . 1- . , I ~ 1 ItOJ.ONlLNnH - !o is'' , ~::l . ., ,~ -.' :1E' ..~ At[ l Agenda Item No. 16A6 May 22, 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 SUMMIT PLACE IN NAPLES, PHASE I, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 40, PAGES 80 THROUGH 84; 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 SUMMIT PLACE IN NAPLES HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 9, 2003 approved the plat of Summit Place in Naples, Phase I 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 Summit Place in Naples, Phase I , pursuant to the plat thereof recorded in Plat Book 40, pages 80 through 84, 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 Summit Place in Naples Homeowners' Association. This Resolution adopted after mOlion, second and majority vote favoring same, this _ day of ,2007. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to fonn and legal sufficiency: ..F"",\ . I ~ ',,/i'-'y~ JeffE. Wright As~'tant Collier County Attorney Item Number: Item Summary: Meeting Date: Page 1 of 1 Aqenda Item No, 1GA6 , Ivlav 22. 2007 P:q8 5 01 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1(A6 Tills Ite!T1reqll<~es Hillt ex parte disclosure be proVided bv Commission Ivlelllbers SI10Ldd 8 l,e8~ii1g be field on 1:11S item all participants are required to bc swom In RE'cornmendaton to 9rlln~ final apP"JVili of the roaClway (private:, and drcWl3g<, ilTlprovelm:HlI~: for the 11'181 plat of SUrllm't Place Ir' Naples, PMs€ I, tl18 rOdaWOij ,mo cralllage improv'?:nenis Will De privately 111alnla,ned :J:::2/::'[I()7 ,10[l,OQ/,M Dale Prepared By John Houldswcrttl Community Develcpment & Env,ronmeninl Services Senior Engmeer Engrneering Services 41241200710:05:10AM Date Appruved B)' JeflWrigl1t County Attorney Assistant Counly AtlomE'Y County AttomeyOffic" 4/241200710:31 AM Date Appruved By Thomas E_ Kuck. P_E Community Development &. EnvironmentalServic,-,s CDESEngineermg Services Director CDESEngineering Services 4124/20072:45 PM MarleneStewarl Date Approved By Community Development & EnvironmenlalServices Execut,v"Secretary Commlmity Development & Environm"nlalServicasAdmin 41301200712:31 PM Date Approved By JudyPulg Community Development & Environmental Services Operations Analyst Community D<;!veloprnent& Environment"tServicesAdnlln 4130/200712:3BPM Approved By JosephK$cl1mit! Community Development & Env<ronmentalServices Community Dev"lopmenl & Environm"ntal Services Adminstrator Date Community Dewlopment & Environmental Servic"", Adm'n 51212007B:16PM Dato Approved By OMBCoordinator County Manager'sOffico Aominlstrativ"Assislant Office of Management & Budpet 514120078:49 AM Date Approved By Mark IsaCKson County Mllnllger"sOfflce Budget Analyst Qffice of Management & Budget 517120078:14AM Date Approved By James V, Mudd Board of County Commissioners County Manager County Manager's Office 5/9/20078:15 PM file:l/C:\AgendaTest\Export\83- May%2022,%202007\ 16. %20CONSENT%20AGENDA \ 16.. 5/1612007 Agenda Item No. 16A7 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY To accept final and unconditional conveyance of the water facility for Foxfire Clubhouse Expansion 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 Foxfire Clubhouse Expansion 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 September 2, 2005. At that time, the value of this utility facility (assets) was $9,917.16 (see attachment[sJ). 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 $5,589.11, 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 $9,917.16. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. Agenda Item No. 16A7 May 22, 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, to accept final and unconditional conveyance of the water facility for Foxfire Clubhouse Expansion, 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 Item Number: Item Summary: Meeting Date: Page 1 of 1 ,'-\qenda Item No. 16A7 - tv'iay 22,2007 Page 3 of5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A? -0 aCC8~'t -"101 and lH18onditlOnat ccnveYol:lce 01 :he water fae'ilt,. lor F:o;.JirfJ Giut) [Xpil'1S'On ",,':.:2,'2DC7 !lOCOOAM Prepared By Adm,ni5traliveAss;sta"t Date Jodi Pannullo Commun,ly Development & Environmcntal~ervices CDESEngmeering Services 4124120071:45:21PM wmcrOpcratlonsMandger Dale Approved By Pameia Libby PublicUlililics W~\er 4/24120071:54PM Dale Approved By Thomas E,Kuck. P.E Community Developmenl & Env;ronmci1laISet'-Jices CDFS Engineering Services Director CDES Engineering Serv,ces 4124/20072:45 PM Water Director oaie Approved By Paul N1allausch PublicUlililios W"t{)l' 4f26120014:26 PM Date Approved By Marlene Stewart Community Developrnent & EnvironmentalScrvices Execul,veSecretary Community Development & Environmental Services Admin 4127/20073:27PM Operations Analyst Date Approved By JudyPuig Community Development & EnvrronmentalServiccs ComlTlunity Developmcnt & E':nvlronmental&erviccsAdmif1 4127/2001407 PM ReyS AnderSOfl P.E, Public tJti!itics E':ng,noering Dimctor Dote Approved By PublicUtilitics PublicUtilitiesE':ngmeering 512/20074,17 PM Approved By JoscrJhK. SCI1f1litt Community Development & EnvironmefllolS",vices Community Development & EnVlronf11entalServicesAdminstrator Date Community Development & Environmental ~ervrcesAdmin 514120071:27 PM Admlnl~trative /J..ss'Slanl Dute Appnl\'ed By OMS Coordmator County Manager'." Ojf'ce Office of Managomenl & Budget Sl112007125PM Approved By Budget Allalyst Date MJrk Isackson County Manager's Office Otlice of Man<lgement & Budget 518/20079:56AM County Manager Date Approved By .tames V, Mudd 8o<lrdofCount;' Commissioners County Manager's Office 5110/20019:26 AM file://C:\AgendaT cst\Lxport\83~May%2022,%202007\ 16. %20CONSENT%20AGENDA \ 16., 5/1612007 ,,",,"CD <(0_ (DOO "--~"':t ON Q) '7 N OJ - ro E ~'o.. ~2 ro 'to r ill OJ <( u :: ~IB ~ R=o 1:5p=O ?i '" ~ 10 "l I~ ~ ~ _~ '~ : ~i y~~! : 0'.....1 I Y_____ ::; LIJ I- en " ~ " '" " ~ S rn W 00 ~ w ~ 00 ~ z 0 0 ::; 8 ~J"'~l t I hflL AVM S~NII1 u :: w "'~ -~ ~~ X~ 0- ~> ~ I ~ \ ~ l1TI~ ~ ~ N W N " N a.. <t ~ A'>/M S~NI>I 0 0 - Z 0 u U g " W ~ 0 cr ~ =' ~ 0 0 T U X ~ 0 ~ ~ 0 0 Z 0 w- 0> ~!;( 000 Zo 0 w ~ ~ ~O w '" <<Z ~ =' TO X 0 u u X 0 0 ~ ~ ~ ~ 0 " w ~ ~ , z 13 w !. 0 ~ ., 0 " CJ tl 0': I "'~3 , S ~-iJ."'all~ ! ~ j ~ , ,; i , ! -~ , L ~! ,- " ~~~ i'1:'tl ~u.ct') . -II OW !_d _>"" ~ ~ .. ~... CL. i- .I~U~ ;::: ~~ '1- ~ ~'l'~ !~ , i l-- Z 00 W - ~ --.!;(: 00 g:g I I ~ I I (<tll"'ll lawQlllNrrnt-.l.lIO<OoIIV JW%O'lON / - ~I w '" ::> 0 '" '" , ::> H -' i- u w g, \\: 0 "- -.- '. I), .ll :~! ! ~_H~ ~... .. """ ~ ~ ~~ iu ..~ ~<L_ ! . a.. <t ~ , 11 z 0 - , I- ! <t u 0 ---1 ",,~~'Jm.. "Olllfl.a_ ",_...Ole "'~! ........0 <I' ~ ~ 1.)0..000' ,. ! C ~1 . . Agenda Item No. 16A 7 May 22, 2007 Page 5 of 5 CERTIFICATION OF COST CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: Fox Fire Clubhouse LOCATION: Section 6 Township 50 S Range 25 E Collier County, Florida (G@{P>)f NAME & ADDRESS OF OWNER: Fox Fire Community Association 1030 Kings Way Naples, FL 34104 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) QUANTITIES SIZES DESCRIPTION UNIT PRICE TOTAL COST 1 Ea. S" x 8" Tapping Sleeve & Valve 1,235.98 1.235.98 2 LF 4" C-900 DR 14 PVC 2.49 4.98 5 LF 8" C-900 DR 14 PVC 6.32 31.60 1 Ea. 8" x4" Tapping Sleeve & Valve 852.60 852.60 1 Ea. 4" Meter Assembly 7,714.00 7.714.00 1 Ea. 4" 90' Bend 78.00 78.00 TOTAL COST 9,917.16 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. Jensen Underground Utilities, Inc. 5585 Taylor Road Naples, FL 34109 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing 'nstrument was signed and acknowledged before me this 2nd day of August, 2005 by in J,nsen 0 I personally known to me and who did not take an oath. , SEAL: _'If DONNA L. VENTRE Gl"~ N$lyPubIIc-SlaleolFIoIlda I. .!M'fc..,.,~.EJq)in!sJun,,2007 l c....,_' DO 454075 J:f. _s, Nallon8l NotaIYAssn. Agenda Item No. 16A8 May 22, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for Milano, Phase 1A 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 Milano, Phase 1 A, 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 April 28, 2005. At that time, the value of these utility facilities (assets) was $75,009.05 for the water facilities and $121,090.14 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 $196.099.19. 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. 16A8 May 22, 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 Milano, Phase 1A, 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 Item Number: Item Summary: Meeting Date: Page] of 1 Agendd Item No 16A8 I\'iav 22, 2007 Page 30fG COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS WAS Re(ol1'mer,datlor; tc approve hnalllccectal1ce 01 tne water and sewer tlli!ify iur MilanG Pi1aH' 1>~ ~)/22i)OQ7 9 OGOO AM D~te Prepared D}' JOel, PanrlUlio Commumty Dovelopment & EnvlronmentalServicr,s Admin;stratlveAss,stant COES Engmel'ring Services 4/24120072:55:18 PM O~te Approved B}' Tl10mas E Kuck PE. Community Development & EnvlronmentalServicl's COES Engineering Services D;rector CDES Engineenng Services 4/25f200712:4BPM D~te Approved By Pamela Libby PublicUliIitles Water Operations Mal1ager Water 4/26/20079:07 AM Date Approved By Paul Matl~usch Public Utilities Water Director Water 412G!201}74:22PM Date AllprovedBy Marlene Stewart Community Development & Envirooment~1 Services Execut;ve Secretary Community Development & Environmental Serv;ces Admin 4/27/20073:12 PM Dale Approved By Judy Puig Community Development & Environmental Services Operations AnJlyst Commun;ty Development & Env;ronmenml Services Admin 4127120074,10 PM Dale Appro\'ed B}' StephenLNagy PublicUWities WaslewaterColle<;lions Manager W~steWater 5/1120071256 PM Date Approved By RoyS. Anderson P.E Public Utilities Public Utilities Engineering Dimctor Public Utilities Engineering 5/2120074:20 PM Date Approved By G, George Yilmaz Public Utilities W~steWaterDlrcctor WasteWater 5i4120071Q:51lAM Approved B}' JosephKSchmitt Community Development & Env,ronment:lIServ'ces Community Development & E:nllironmeotal Services Adminstrator Date Community Developments, Envlronmr>!1talServlcesAdmil1 5/4120071:28PM Date Approved D}' OMS Coordinator County Manager's Office Administrative Assistant OffiCI! of Management & Buoget 517120071:26 PM Date Approved By Mark Isackson Coumy Manager's Offin' Budget An~lyst Offlcc of Management & Budget 5/B/20075:26PM Date Approved By LeoE.Ochs,Jr BoarLl 01 C~,unty Commissioner" Deputy County Manager County Managor's Office 5/111200711:11 AM file://C:\AgendaTest\Export\83- May%2022,%202007\ 16. %20CONSENT%20AGENDA \ 16.. 5/1612007 cor--<o <{O_ <DOD ~N.",. 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CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: Milano Phase 1 Water Main NAME & ADDRESS OF OWNER: (G(Q)[pJW Pulte Home Corporation 9148 Bonita Beach Rd Bonita Springs, FI34135 Agenda Item No. 16A8 May 22, 2007 Page 5 of 6 TYPE OF UTILITY SYSTEM: Potable Water (Materials Onl I Ua . 8" PVC Water Main DR18 8" 4295 LF $5.80 $24,911.00 8" PVC Water Main DR14 8" 445 LF $7.54 $3.355.30 6" PVC Water Main DR 14 6" 345 EA $4.95 $1,707.75 8" Gate Valve and Box 8" 11 EA $625.00 $6,875.00 8" x 8" x 8" Tee 8" 4 EA $155.00 $620.00 Double Water Service 1.5" 72 EA $285.00 $20.520.00 Single Water Service 1" 61 EA $140.00 $8,540.00 PolyTube 1.5" 1440 LF $1.50 $2.160.00 PolyTube 1" 1400 LF $1.20 $1,680.00 8"-90" Bends 8" 0 EA $180.00 $0.00 8"-45" Bends 8" 4 EA $116.00 $464.00 8"-22 1120 Bends 8" 13 EA $105.00 $1,365.00 ._' 8"-11 1/40 Bends 8" 1 EA $96.00 $96.00 'ermanent Bacterial Sampie Point (BSP) 8" 1 EA $295.00 $295.00 '6" x 16"x 8" Tapping Sleeve (Conn. To exist WMI 1 EA $2,420.00 $2,420.00 $75.009.05 I do hereby certify that the quantities of material described above are true and accurate representation of the as-ins1alled cost of the system being contributed to Collier County Utilities, Inc.. CERTIFYING: GUYMANN CONSTRUCTION no.., ~.~,","~ Aaron Hunt-Branch, Project Manager OF: Guymann Construction of Florida, Inc. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was signed and acknowledged before me this I f day of ~Jd,.J 200$"by Aaron Hunt-Branch who is personally known to me and who did not take an oath. ~,fI/~eM I SEAL: ((; =00251003 \:, ':/ Ex_ JonUlllY 1e. 2008 . . Agenda Item No. ~16A8 May 22, 2007 Page 6 of 6 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: NAME & ADDRESS OF OWNER: TYPE OF UTILITY SYSTEM: I Pump station Comptete 8' welwell, 2-10 HP pumps 8" PVC SDR-26 Sanitary Sewer (0-6') 8" PVC SDR-26 Sanitary Sewer (6-8') B" PVC SDR-26 Sanitary Sewer (6-10') 8" PVC SDR-26 Sanitary Sewer (1D-12l Manhole, lET Uned, 4' Diameter (0'-6' cut) Manhole, lET Uned. 4' Diameter (6'-$' cut) Manhole, lET Uned, 4' Diameter (8'-10' cut) Manhole. lET Uned. 4' Diameter (10'-12' cut) Drop Manhole Connection 6~ PVC Sanitary Sewer lateral 6" PVC Cleanout Complete 8"x 8"x 6" Wye 6"><6"><6" Wye 6"xB" Double Wye 4" PVC Force Main DR18 4M Plug Valve and Box 16"x4" Tapping Sleeve and Plug Valve 4"_11.25" Bends 4"-45" Bends -":r'.'J ;4!C\.Hl'i':i:~~,>?';~;;f""'" TOTAL COST Milano Phase 1 ~(Q)fPJ'if Sanitary Sewer Main Pulte Home Corporation 9148 Bonita Beach Rd Bonita Springs, FI34135 SANITARY SEWER (Materials Only) "Size . . "0Ir.inIJtv Units" ;Cos:t' "i,TOf/iiW: ;:.j ~_.. S'Oia. 1 EA $56.260.00 $56,260.00 8" 1651 LF $4.16 $6.868.16 S" 1335 LF $416 $5.553.60 8" 549 LF $4.16 $2,283.84 8" 224 LF $4.16 $931.84 4' 9 EA $1,25000 $11,250.00 4' 5 EA $1,450.00 $7.250.00 4' 1 EA $2,085.00 $2,085.00 4' 2 EA $2,450.00 $4.900.00 8" 2 EA $497.00 $994.00 6" 2380 LF $2.10 $4.998.00 6" 103 EA $53.00 $5.459.00 103 EA $40.00 $4.120.00 2 EA $27.80 $55.60 6" 101 EA $51.00 $5,151.00 4" 320 LF $2.05 $656.00 4" 1 EA $4.10 $4.10 1 EA $2,130.00 $2,130.00 4" 1 EA $38.00 $38.00 4" 2 EA $51.00 $102.00 $121.090.14 I do hereby certify that the quantities of material described above are true and accurate representatio of the as-installed cost of the system being contributed to Collier County Utilities, lnc.. CERTI~G: GUYMANN CONSTRUCTION ~A-- ~ ,~ Aaron Hunt-Branch, Project Manager OF: Guymann Construction of Florida, Inc. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was signed and acknowledged before me this ~ day of ..J M--- , 20 by Aaron H t-Bfjlnch who is personally known to me and who did not take an oath. / . Iy'~ SEAL: Page 1 1fJ 1IovOIIyR._ . . Mv~ 0025700. \;..~ ExplnIa JonuaIV 16. 2008 Agenda Item No. 16.A,9 May 22, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for Milano, Phase 2A 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 Milano, Phase 2A, 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 11, 2005. At that time, the value of these utility facilities (assets) was $21,041.40 for the water facilities and $11,062.44 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 $32,103.84. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is required to complete this final acceptance. ,....- F,genda item No. 16A9 May 22, 2007 Page 2 of6 RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, authorize final acceptance of these water and sewer utility facilities for Milano. Phase 2A, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician Item Number: Item$ummary: Meeting Date: Page 1 of I Agenda Ilem No_ 16A9 May 22. 2007 Pa~J8 3 oi 6 COLLIER COUNTY BOARD OF COUNTY COMMISSiONERS 161\9 Recamlnendatlon to approve f"wl acceptal~CP of the WalDr ana sewer IJllillV f~Clllties tor Milanc F'ha5e2A 5/22/200180000,"311, Date Prepared By Jodi Pannullo Commumly Development & Environmental Services AaminISirat,veA!>sist;mt COES EngmeeringServices 4124/20073:24:25 PM Dale Approved By Thomas E. Kuck, r.E Cornmunity Development & Environmental Services COES Engineering Services Director COES Engineering Services 4125/200712:48PM Date Approved By Pamela Libby Public Utilit;c!> WatcrOperahonsMilnager Wator 4/25120079:07 AM Date Approved By Paul Mattau~ch Publrc Utilities Water Director Water 412(;120074;22 PM Dale Approved By Marlene Stew<lrt Community Dovelopment & Envirol1mentalScrviccs E"ecutiveSecretary Community Development & Environmental Services Admin. 4127/20073:14 PM Date Approved By JudyPuig CommunIty Development & Em"ronmental$.ervice5 OpcratiOllsAnalyst CommunIty Development & Environmental Services Admin 4127/20074:14 PM Date Approved By Stephen L Nagy Public Utilities Wastewater Collections Manager WasteWater 5/11200712:56 PM Unto Approved By RoyB. Anderson P.E. PllbllcUtillties Public Utilities Engineering Director Public Utilities Engmo",ring 5i2120074:21 PM D..le Approved By G. GeorgcYilmaz: Public Utiiities WasteWatcrDlrector WasteWater S141200710:S7AM Approved By JosephKSchm,n Comnwnrty Development & Environmental Services Community Development & Envlronmental$ervicesAdminstrator Date Community Deveiopment & EnvlronrnentalSorvlcesAdml11. 514/20071:30PM Date Approved By QMBCoordinator County Manager's Office Administrative ASSistant Office of Managemonl & Budget sm20C71:26PM Onte Approved By MMklsackson Counly Manager's Offjce Budget AnalySl Of lice of Managoment & Budget 5/9/20078:04 AM Dat.. Approved By LeoE.Oehs.Jr Board nfCounty Comlnlssioner~ Depllty COllrlty Mal1ager County Manager'sOffie.. 5/111200710:53AM fi]e://C:\AgendaTest\Export\83~May%2022,%202007\ 16. o/020CONSENT%20AGENDA \ 16.. 5/1612007 ro '2 ill '" <{ ~J\/\ i o ;c<:: 0 o'~ ~o'C 1, Y r-\ JfJ'--, 'q\ - \ t=j ...---. - ,r-J I r--- I i-no' ~'o ~ ~ t mr'-CD <{O_ :pO 0 "-":7 ON Q) 7N :J; - >.("0 ;:::roCL ~2 \ z o w- ~'< 000 o J g /~ /~ ::' ~ ""o~ NO,S(lN"n ~ <l: L LLJ l- e/) ,/ H ~z 00 w - ~'< 00 g:g '. , . ., ~ g! I ! ~ Q) CIl "1 """';OJI0N / I- v c: h .. ~: .~ ~ ~~- , ~ , ! ! ~Il I :;j~! il ~~ ., , !" ! ,I ,",.&I~J.C'IBl.MI il~m ~~~;; ~"'q;: h~ ~ ,:.t:",C>J ~lli In n 'l~ ; !~. c . i- "EJ'i ,,~t !ii ~ ~\': ~~ ~t::6 11 a~ I. " ~ ~ ~ """",,"CO, .""",'"""',,-,.."', ~~ m ht">f:Jl lWO>l~l>fOd>l"" .- ~ !I ,. <l: -, i" ;E L 1;- f i z ., 0 L ~~ I l~ - i !;i ! u 0 ....J ~ .. ! 'I M.""o. ",noooo,,,,,,",,,,,, ---= !i' ~ ~ z =' o u ~h ~iC' ;; ~~ ,- Ii iI, Ii .--- w .,. J , ~"'- ~i! ~ i ~~~ ~ ~~ ~- ., ~~ "'-::r~'." " "-1 ",-, " ~~ . . Agenda Item No, 16A9 May 22, 2007 Page 5 of 6 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: Milano Phase 2 Water Main ORIGINAL NAME & ADDRESS OF OWNER: Pulte Home Corporation 9148 Bonita Beach Rd Bonita Springs, FI 34135 TYPE OF UTILITY SYSTEM: Potable Water (Materials Only) I do hereby certify that the quantities of material described above are true and accurate representation of the as-installed cost of the system being contributed to Collier County Utilities, Inco. CERTIFYING: GUYMANN CONSTRUCTION 0,.-- ~. Aaron Hunt-Branch, Project Manager OF: Guymann Construction of Fiorida, Inc. STATE OF FLORIDA ) )SS: COUNTY OF COLliER) The foregoing instrument was signed and acknowledged before me this L day of ~ 2005 by Aaron Hunt-Branch who is personally known to me and who did not ta~ SEAL: ~If #~ I J';1\. ~R_ . ~ j My CommiNkln 002S7003 ".. ~ Expi!u Januory ,. 200. j I I Agenda Item No. 16A9 May 22.2007 Page 6 of 6 CERTIFICATION OF CONTRIBUTORY ASSETS. COUNTY PROJECT NAME: Milano Sanitary Sewer Main Phase II NAME & ADDRESS OF OWNER: Pulte Home Corporation 9148 Bonita Beach Rd Bonita Springs, FI 34135 ORIGINAL 8" PVC SDR-26 Sanitary Sewer (0-6') 8" 634 LF $4.16 $2,637.44 Manhole, lET Lined, 4' Diameter (0'-6' cut) 4' 2 EA $1,25000 $2,500.00 6" PVC Sanitary Sewer Lateral 6" 970 LF $2.10 $2,037.00 6" PVC Cleanout Complete 6" 27 EA $53.00 $1,431.00 8"x 8"x 6" Wye 27 EA $40.00 $1,080.00 6"x6" Double Wye 6" 27 EA $51.00 $1,377.00 TOTAL COST $11.062.44 I do hereby certify that the quantities of material described above are true and accurate representatio of the as-installed cost of the system being contributed to Collier County Utilities, IncH CERTIFYING: GUYMANN CONSTRUCTION ~~-~ Aaron Hunt-Branch, Project Manager OF: Guymann Construction of Florida, Inc. STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER) The foregoing instrument was signed and acknowledged before me this L day Of~~ 20Qi: Y Aaron A'nN~ho IS personally known to me and who did not take an oa h. SEAL: ~J\. IloYofIyR_ , ~j ""'~ 002&100. 'i..... '-.lon\lOIy1l,2QOI Page 1 v' Agenda Item No. 16A 10 May 22, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to accept a Proposed Settlement Agreement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Collier County v. James Keiser and Southern Exposure of Naples, Inc.. Case No. CEB 98-005. OBJECTIVE: That the Board of County Commissioners accept the proposed settlement agreement with James Keiser, which provides for compromise of code enforcement lien amounts, in the Code Enforcement action entitled Collier County v. James Keiser and Southern Exposure, CEB Case No. 98.005. CONSIDERATIONS: On February 26, 1998, the Code Enforcement Board (CEB) issued a Compliance Order fmding Petitioners, James Keiser and Southern Exposure of Naples Inc., to have violated portions of Collier County Ordinance No. 91-102 by utilizing the property without first obtaining a conditional use permit and by erecting improvements on the property without first getting the necessary permits. In the Findings of Fact, Conclusions of Law and Order of the Board, issued February 26, 1998, hereinafter "Compliance Order," the CEB ordered the Petitioners to obtain a conditional use permit by August 28, 1998, and the building permit by March 20, 1998. The Compliance Order also indicated that the Petitioners would be fined $250.00 per day for each day the violation continued if they failed to obtain the conditional use permit by August 28th, and $100.00 per day for each day the violation continued if they failed to obtain the building permit by March 20th Following the issuance of the Compliance Order, the Petitioners filed suit in federal court. The suit was ultimately dismissed by both the U.S. District Court and the Eleventh Circuit U.S. Court of Appeal. The Eleventh Circuit issued its opinion on December 2, 1999. On January 6, 2000, the County inspected the Petitioners' property and filed an Affidavit of Noncompliance with the CEB Order. On March 21, 2000, following a hearing, the CEB issued an Order Imposing Fine/Lien, fining the Petitioners for the period of August 29, 1998 through January 6,2000 at a rate of$350 per day. The Petitioners finally obtained Conditional Use approval in September 2000. Consequently, the Petitioners filed a petition for Writ of Certiorari with the Twentieth Circuit Court. On November 21, 2000, the Circuit Court issued an Order Granting Petition for Writ of Certiorari on the sole ground that the amount ofthc fme ($350 per day) exceeded the amount authorized by statute ($250 per day). The Order Granting Certiorari only quashed the portion of the March 21, 2000 Order Imposing Fine/Lien which assessed civil penalties. Following appeals by both Petitioners and the CEB, the Second District Court of Appeal affirmed the Order Granting Certiorari by an order rendered March 22, 2002. As a result, the CEB held another hearing, after which it issued an Amended Order Imposing Fine/Lien on March 28, 2003, which adjusted the amount of the fme from $350 per day to $250. Fines accrued at a rate of $250 per day fTom the period of August 29,1998 through January 6, 2000 for a total lien amount of$I23,750 (plus ongoing operational costs), based on the amended order of the CEB, which failed to include language providing for the continual accrual of filles until abatement. The violation was abated on September 4, 2006 more than six years after the recording of the CEB amended order. - Agenda Item 1-<0. 16A 10 May 22, 2007 Page 2 of 4 Petitioner James Keiser initiated discussions with the COW1ty Attorney's office immediately after compliance had been met. As a result of these discussions, the parties have agreed to forward a proposed settlement of $10,000, in exchange for relea~e of the lien, to the Board of County Commissioners for consideration. In an effort to show good faith commitment to the proposed settlement, Me. Keiser paid the proposed amount. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The Petitioner has paid $ 1 0,000, to show good faith commitment to this agreement, which has been deposited into the "Code Enforcement Board Fines" Revenue ACCOoot MSTD General Food 1 1 L If this Agreement is approved by the Board the remaining fines in the amoW1t of$113,750 will be forgiven. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners accept the proposed settlement agreement and authorize the Chairman to sign the attached Release and Satisfaction of Lien. PREPARED BY: Michelle Edwards Arnold Code Enforcement Director 2 Item Number: Item Summary: Meeting Date: Page 1 of 1 Agendcllh,m No. 16A10 May 22, 2007 PagEl:) of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSiONERS 15A1Q Recommendat;on to ileumt a Proposed Settlement Agreement provij,ng for Compromise cmd Reluase of L,eri In tne Code lntoreenlenl ,';ctl()rl enlitled Coille: Countv \ james Keiser and SOUlht'Hl EXPosure Qf i':aples 'nc.. Case No GEB 98-005 5/22I;c0D7\iOC{)DPdvj Code Enforcement Director Date Prepared By Michelle Edwards Arnold Community Development & ErlV,ronmentalServices Code Enforcemenl 5/11120073,07;12 PM AssistllntCounly Attorney Dot" Approved By ,1",ffWrlgh\ County Attorney County Atlorney Office 5111120073:54 PM Approved By El<ecutiveSecretary Date M<>rleneStewart Community DevEdopmenl& EnvlronmentillServices Community Development 8. Environmental Services Admin 5/14/20078:35 AM Operations Al1alysl Date Approved Uy JudyPuig Community Developml.'n\& EnvironmentaiServices Community Development & Environmental Services AdmIn. 5/1412007B:54AM Approved By Joseph K. SChmitt Community Development & EnvironmenhlServices Community Development & Environmental Ser-.JiCI~S Adminstr~tor Date Community Development & Environmental Services I\dmin 5/14/20Jl710;54AM Budge1 Analyst Dale Approved B}' Mark Isackson County Mana(ler'sOftice Oflice o! Mana\lement & Budget 5114/200711:50AM County Manager Date Approved B}' JamesV.Mudd Board of County Commissioners County Manager's Office S/MI200712:0GPM file://C:\AgendaT est\Export\83-May%2022, %202007\ 16. o/020CONSENT%20AGENDA \ 16... 5/16/2007 Agenda Item I~o. 16A 10 May 22, 2007 Page 4 of 4 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800N. 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 Code Enforcement Board Amended Order Imposing FinelLien dated March 31, 2000 (and resigned March 28, 2003), a certified copy of which was recorded on April 9, 2003, in O.R. Book 3261, Pages 2370, et seq., 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 James Keiser and Southern Exposure of Naples, Inc., has been discharged in full: James K. Keiser 1311 Jaybird Way Naples, Florida Folio No. Payment: Reference: 00286680008 $10,000 Case No. CEB 98-005 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 James K. Keiser and Southern Exposure of Naples, Inc., and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal s ciency: , Aaenda item No. 16/\11 ~ May 22. 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for payment received. OBJECTIVE: 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. CONSIDERA TIONS: Reference Owner of Record Lien Amount 2003-396 Lorraine Patton $33,678.35 TOTAL $33,678.35 FISCAL IMPACT: The only expense incurred by the County is the cost of recording the Release and Satisfaction, which is to be approximately $10.00 per release, totaling $10.00. Funds are budgeted and available in the current fiscal year in the Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfaction of Code Enforcement Liens. PREPARED BY: Michelle Edwards Arnold - Code Enforcement Director - Page I of I A~1em;; l\el11 NCl. lfiA11 1\/1,1'.'22 f':I(W2 COLLIER COUNTY 80ARD or COUNTY COMMISSIONERS Item Number: Item Summary; < hi, ~ 1 vnrneno:Jl>nn te aprrove ,j P('lef,Se <J1l.~ SQ:ls:a I,(;r', :)' C.od<o L.l1iorc(ml',nt LIN'tOf UT, rCfl~ n~:;p;"fed Meeting Dllte: S27/;;ODi 0 OS OOi,M Prepared By Micnellc E<lwardsArnClld Code EnfurcDmentDiredor D~le Community Development & Env'ronn1erlt~1 Services Code E'.'1torcement 5110,'200711:09:50AM Approved B~' Judy Pu;g OpDrJlions An~!ys! Date Communit;' Dellelopment & Community Dellelopment & Enllironment~IS"rvi,-es l':nv,rolllllental Servic("I,drnll1 511012007235 PM Approved By Martene Stewart Execuullc Secretary Date CommuniTY Development 8. Community Development & bWlronmerllal Services Environment;;1 Scrvle"s Admm 5110.'20072:47 PM Aflprllved By Jo,;eph K, SChmitl Community DCllolopoltmt 8. f:',rlvlronmental Ser'lIcos Admio!;tt~tor Date Community Development & Community OeV"IOI}menl 8. EnvironmentaIServic<I$ En'Jlronmcm~1 Sctvic"~ Admin 5111/20078;33 AM Approved 8y OMB Coordinator AdminlstrativoA}'slstant Date County Manf1ger'.sOff,ce on,ce or Management & BudpCl 5.'11!200710:27AM Approved By Mark Isackson 81.][19"t Analy~l Dato Count\' Mana(:lCr's Office Cllf'ceof Mana~emellt& BuU!1et 5.'11:200711:06AM Approved By ,i"mesV. Mll[ld County Manager Dnte Bo"rdof Counly County Manoge,',;Off,ce 5111.'200711A9AM Commisslon",.s file:! /C:\AgendaTcst\Export\83- May~02022.%202007\ 16. %20CONSENPA)20AG ENDA \ 16.. 5/16/2007 ;',Jen:a Item I'~O. :6,.0" i 1 ~ iJidY 22, 2007 Page 3 of 3 This instrument prepared by: JefT 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 3413 7 Folio No. Cost: Reference: 01134801802 $33,678.35 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 ofrecord. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Je f. right As . tant County Attorney Agenda Item No. 1681 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the Collier Metropolitan Planning Organization's (MPO) Operating Budget for FY 2007/08, including $10,221 County match for Federal Highway Administration Planning and Federal Transit Administration Section 5303 grants OBJECTIVE: To obtain Board of County Commissioners approval of the Collier Metropolitan Planning Organization's (MPO) operating budget for FY 2007/08, which begins on July 1,2007. CONSlDERA TIONS: In FY 2007/08, the Collier MPO will receive $597,150 in new Federal and local funding to conduct transportation planning activities that must meet Federal/State requirements for urbanized areas with more than 200,000 residents. The Collier MPO will also receive $23,571 from the Florida Commission for the Transportation Disadvantaged (TO) for planning activities in support of the State's TO program. These planning activities and funding sources are included in the FY 2007/08 Unified Planning Work Program (UPWP) that was approved by the MPO Board on May 11, 2007. Funding source tables from the UPWP are included as Attachment A The County budget must be amended to include these grant dollars since the MPO is administratively housed within Collier County Government. The County budget must also include the $10,221 in local funding matches that it contributes to the MPO, as well as those that will be administered by the County on behalf of the MPO's member governments. The following explains the two primary sources of Federal funding that is received by the Collier MPO and the local matches that are being provided to these grants: Federal Hif!hwav Administration (FHWA) Section I J 2 "PL" Grant The MPO will receive $512,956 from FHWA in FY 2007/08. A $222,099 carryover from previous fiscal years must also be included in the budget. This Federal funding will be matched with $9,000 in local funding for lobbying activities that cannot be funded with these Federal/State dollars such as the preparation of Resolutions in support of or opposition to Federal and State legislation. Due to a stricter interpretation of what constitutes "lobbying", each member agency on the MPO has been asked to contribute $1,000 per voting member for such activities. The BCC is being asked to contribute $5,000, while the Cities of Naples, Marco Island and Everglades are being asked to contribute $2,000, $1,000 and $1,000, respectively, as approved by the MPO Board on May 11,2007. It is hoped that the MPO will receive authorization to spend its full current-year and carryover allocation of PL funds, totaling $735,055 as shown in the FY 2007/08 UPWP. Official notification has not yet, however, been received from the Florida Department of Transportation. The Budget Amendment forms includcd in Attachment B reflect this amount. Federal Transit Administration (FTA) Section 5303 Funds _. The MPO will also receive $66,839 in FT A funding for transit planning activities that it undertakes. This "Section 5303" funding is matched with $8,355 from the MPO's member local governments, of which $5,22 I is contributed by Collier County and $8,355 from the Florida Agenda item No. 16B 1 May 22, 2007 Page 2 of 5 Department of Transportation. The Cities of Naples and Marco Island contribute $2.089 and $ I ,045, respectively. Since Collier Area Transit does not provide service to Everglades City, it is not being asked to provide a local match to the Section 5303 grant at this point. It should be noted that the Florida Department of Transportation provides a $162,119 match to these Federal grants in the fonn of a "soft match" resulting from toll revenue that is generated around Florida. FISCAL IMP ACT: The County would budget $10,221, in FY 2007/08 to fund its share of the local match, of which $5,000 would match FHW A's PL grant and $5,221 would match FT A's Section 5303 planning grant. The FY 2007/08 Federal allocation and carryover from previous fiscal years should be shown in the County budget for illustration purposes, only. Likewise, the local matches that are provided by the MPO's member governments should also be shown for illustration purposes only. GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth Management Plan. RECOMMENDA nON: That the Board of County Commissioners approve the MPO's FY 2007/08 operating budget, including the $10,221 County local match to the FHW A PL and FT A Section 5303 grants, and all associated budget amendments. Prepared By: Kay Luongo, MPO Manager Attachments: Tables I and 2 from the Adopted 2007/08 MPO Unified Planning Work Program (UPWP) Item Number: Item Summary: Meeting Date: Page ] of 1 Agenda Ilem No. 16B1 May 22.2007 Pa~le 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ',681 RecommendiltlOn to approve the Collier Metropolitan Planrlng Organ:~atlons (MPO\ Dperatlllg Buogetfor FY 2007108. including $10221 County match tor Federal f-hgrlway Admlrllstrat:on "Iannil'g 8110 Fed"JiJl TriJl1s't Administration Section 530:, grants 512212G0700UQO,o,M Dale Prepared By Kay Luongo Transportation Services Grants Coordinator TransponationAdmm 513120071:59:58PM Date Approved By Sharon Newm<ln Transportation Services Accounting Supervisor Transponation Services Admin 513/20072:03 PM Date ApprnvedBy NickCllsalanguida Transportation Services MPO D,rector TransportlltionPlanning 518/20079:03 AM Date Approved By NOTnlE. F-eder,AICP TrllosportationServicus TransportlltiOI1 O;vis,on Administrator Tr~nsportation Services AdmlO 518120071:45PM Date Approved By Kay Luongo TransponlltionServices GrantsCoorclmator Tr~nsportalionAdmin 5/6120073:08PM Date Approved By Pat Lehnl1ard TransponlltionServices EKI)Cul,veSecretary Tran$portationServlcesAdmin 5/8120074,41 PM Date Approved By OMB Coordinator County Manager's Office Adml!1is1rativeAsslstant OHice of Management Il. Budget 519120073:29 PM Date Approved By Mark Isackson County Manager's Offic,' Budget Analyst Office of Management Il. Budge! 5/15/200710:35AM Ollte Approved By JamesV. Mudd Board of County CommissIoners County Manager County Manager's Office SI15120074A1 PM file://C:\Agenda T est\Export\83- Mavo/~2022.%202007\ 16. %20CONSENT%20AGENDA \] 6.. 5/16/2007 r- '" 0_ DO N,", NUl N [J) ",ro ",D. ::;:: z o ~ll. '-:< <t,- -U;:l ~=QIO ..,. 0 ,,0: ' ~-(~ "'-0 , N ".. 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OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution approving the attached FDOT Local Agency Program (LAP) Agreement in the amount of $306,205 for the construction of Intersection Improvements at the intersection of 11 I th (Bluebill) and 8th Street and to approve Collier County's contribution of $113,795. CONSIDERATIONS: The Florida Department of Transportation (FDOT) is willing to enter into a Loeal Agency Program Agreement (LAP) with Collier County, wherein FDOT will reimburse Collier County up to the sum of $306,205 for the construction of intersection improvements at the intersection of 1 11th (Bluebill) and 8th Street. Collier County's contribution toward the design and construction would be $1 13,795. For location see Exhibit "A". FISCAL IMPACT: Total cost for the project is estimated to be $420,000 which includes design not to exceed $70,000 and construction estimated at $350,000.00. This project will require a county match of $113,795 that includes $70,000 for design and $43,750 for construction. Budget amendments are needed to transfer funds in the amount of $100,000 from the Transportation Supportcd Gas Tax Fund Project 600621 (TCMA Northwest) and $13,795 from 60109 (Planning Consultants) and a budget amendment to recognize funds in the amount of $306,205 and appropriate in project 600741 Intersection Improvements at 1 11th and 8th Street. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: (I) Approve a Resolution approving, and authorizing the Chairman of the Board of County Commissioners to execute the attached Local Agency Program Agreement (LAP) with the Florida Department of Transportation (FDOT) in which Collier County would be reimbursed up to $306,205 of the total estimated cost of $420,000 for the design, construction, engineering and inspection of intersection improvements of II I th (Bluebill) and 8th Street; (2) Authorize the advance of the $306,205 and the County's contribution of $ 113,795 which includes $70,000 for design and $43,740 for construction. (3) Approve the necessary budget amendments. Prepared By: Claudine Auclair, Principal Planner, Transportation Planning Department, Transportation Services Division. Attachments: Exhibit "A" Intersection Improvement Location Executive Summary lntersection Improvements tIlth and 8th Street Page 2 of2 Agenda item No. 1662 May 22, 2007 Page 2 of 17 Resolution FDOT Lap Agreement FM # 415543-1 Item Number: Item Summary: Meeting Date: Page lof1 Agenda Item No. 1682 May 22, 2007 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1002 Recommenualron that tho Boare 0' CO\l:1ty COmrnl%lonerS 8pprove a Resolution authOrizing the ChalTmar: at me Board at Coumy Comf1'1ss")ners to execute a Local fo.gency :'rograrn i\greelTlent fLAP) W,lh the Flmida Dep2rtrnent of Ir3.lIsportatlOl1(FCOT) 111 Wlllctl Collier Counlywould be rellTlllursed urlo 530(;;'05 ot the lOtal estimated cost at S420.008torthe oesIQrl,;onslructlon,erlgmeenllqiJnd;nspectiorluflrltersectloll!mpro\iementsallhe InterseCII01\ cf 11111' i8lueoi!l~ and 8th Street S!22/20G79.0GJGM~ Planning Technician Date Prepared By Jeanl1fiA. MilrceHa Transport~tion Services Tr"nsport~tion Planning 517/20074:41:54 PM MPODirector Date Approved By NlckCasalangwda TransportatiollSer\iices Traru;portalionPlannlng 517120D74:46PM ManayemenllBudgetAnlllyst Date Approved 8y liSllTllylor Transportation Services Transportation Administrlltion 5i7120074,SOPM Norm E. Feder.AICP Dllte Approved By Transport~lion Servi"es Tran~portatio" DiviSIon Administrator TransportalionServicesAdmln 5/8120071:53PM Approved By Sc ott R. T a;IG~) County Atlorney Assislant County Altorney D~te County Attorn"y Office 518120072:58PM Date Approved Hy PlltLehnhard TransportationServiccs EKf!Cutivc$ec,etary Transponatron$orvicesAdmlll SIS/20079H,AM Admil1lstrativ" Assistant Dale Approved By OMBCoordin<ltor County Manager'sOffie," Olflceof Management & Budget 519/20073:44PM Oat.. Approved By Sus..n Usher County M~n~ge"s Office Senior M~l1agcment/Budget"naIY5t Office of Management & BlJdgel 5111120076,37 PM Michael Smykowski Management (;. Budget Dm)~tor Date Approved By County Manager's QffiGe Office of M~n~Qement &. Budget 51141200710:56AM Approved By ,1~mesV Mudd Board of County CommiSSioners County Manager Date County Managor',;Oftlce 5114/20071:58 PM fi1c://C:\AgcndaTest\Exoort\83~ Mav%2022. %202007\ 16.%20CONSENTlYo20AGENDA \] 6. 5/16/2007 C'\,JI"-t-- iIlD~ (C,O,- .,.-NO ON-:t 7C'-J ill - '" ~ >-(0 a:~o... --'" -g iii '" <{ rn ... z W ~~ ::0:> ZO '" OJ:;; = >::g <>:- E-< ~:5 ~- H ~... po ~U H ~W OJ ::r: '" :x: W ... ril :?:i " ~ ~ ~ s< .. _1'Ol41 III ~~I~!! 8 ' ~h ~~;~Il so I ~i!~I!1 00 ~Il ~u B 0 Q I Jill "'" fl'i'f'll ~om:/a/~ O..p-o.....~,,,\~..no "'OId3:lIlo:l\ls II j~ 3I\~ HL\CIl.l"\"....I___lUl\~ltOll,j ......INOII\....I ",,".O\'~ J N h N ~n ~.. ~I -:;:,d"'l " 0 ~H i~ II r ~ ~ ~ . .. , u~ I ," Ii ~'I III II!. ... I Wi<c i>Juo ~> .cZ .,:3 ...'" <...J W <: :0 D I Z E-< I W", >(il <u .cZ ~o :;I::: U <- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item rjo. 1682 May 22, 2007 Print:> t:;, ",fi2~"(l'10-40 PROJECT toiIANKGEMENT'OFFICE 03/07 Page 1 FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: Vendor No: F 596000558102 FPN: 415543-1 Fund: XU Federal No: 8887 156 A Org Code: 55014010106 FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: County No:03 Contract No: Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Pianning and Construction THIS AGREEMENT, made and entered into this _ day of , _ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and the Soard of County Commissioners, Collier County, Florida: 3301 Tamiami Trail East. Naoles, Florida 34112 hereinafter called the Agency. WIT N E SSE T H: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in minor intersection imorovements and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) AS and 1 are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all appiicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Aqency Proqram Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federai withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to ioss of funding, the Department will consider de-certification of said Agency for future LAP projects. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1682 May 22. 2007 p oR. li2<D-'9"10-40 PROJECT ~A"GE'~NT bFFICE 03107 Page 2 Removal of All Funds If all funds are removed from the project including amounts previously biiled to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to compiete the project on or before December 31, 2009. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approvai, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such malters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents reiating to the project as the Department and the Federal Highway Administration (FHWA) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 350.000.00. This amount is based upon the schedule of funding ir, Exhibit "8." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits invoived. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "8." This amount includes federal-aid funds which are limited to the actuai amount of federal- aid participation. 3.03 Limits on Department Funds: Project costs eiigible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes availabie. 3.04 Appropriation of Funds: The Department's performance and obiigation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in muitiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "8" for funding leveis by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are availabie. 3.05 Multi.Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1682 May 22, 2007 P~no 7 n"t\l10-40 PROJEct ~MEMENT OFFICE 03107 Page 3 "(a) The department, during any fiscai year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract. verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice.to.Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed from the Department 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 CFR., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHW A requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request Records of costs incurred include the Agency's generai accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, ciaim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. '- 5.03 Documentation of Project Costs: Ail costs charged to the project. inciuding any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Aoenda Item 1'.]0. 1682 - May 22, 2007 PROJEC.p~~h~Q~~~~1~6~ 03/07 Page4 The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMS Circuiar A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" beiow), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. Sy entering into this Agreement, the recipient agrees to compiy and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, locai government or non-profit organizations as defined in OMS Circular A-133, as revised) are to have audits done annually using the following criteria: 1. in the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscai year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guideiines established by OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor Generai in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. 2. in connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federai awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a totai amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (locai governmental 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 Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financiai assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that th audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financiai reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1682 May 22, 2007 PRnO 0 n""-~1040 PROJEct MA1l<I)'(GE'MENT 'OFFICE 03/07 Page 5 3. 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, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records reiated to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resoived. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part i of this Agreement shall be submitted, when required by Section .320 (d), OMB Circuiar A- 133, as revised, by or on behaif of the recipient directly to each of the following: a) The Department at each of the following address(es): Michelle S. Peronto 801 North Broadway Avenue Bartow, Florida 33830 b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. in the event that a copy of the financiai reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directlv to each of the following: Michelle S. Peron to 801 North Broadway Avenue Bartow, Florida 33830 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Michelle S. Peronto STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda item No. 1682 May 22, 2007 0;'(10 1 n ,,62"'~10-40 PROJECIM/iI.NAGEMl::NT OFFICE 03107 Page 6 801 North Broadway Avenue Bartow, Florida 33830 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directlv to each of the following: a) The Department at each of the following address(es): Michelle S. Peron to 801 North Broadway Avenue Bartow, Florida 33830 b) The Auditor General's Office at the following address: Auditor Generai's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directlv to: a) The Department at each of the following address(es): Micheile S. Peron to 801 North Broadway Avenue Bartow, Florida 33830 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (iocal governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fiorida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional righ. of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR Part 24, Appendix B, and be STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1682 May 22. 2007 p c.. 11 n62f~10-40 PROJEC~)qAGEMENT dFFICE 03107 Page 7 submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detaii sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1 )(a), Florida Statutes ). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Fiorida Statutes, and Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resuiting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is npt made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obiigations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any vioiation of the conflict of interest provisions contained here in paragraph 1206 or 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exciude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resuiting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 16B2 May 22. 2007 P'::'(1o. 1') ,..,.62~-Y10-40 PROJECIM7l.NAGEM'Em 'OFFICE 03107 Page8 If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at the end of such time. Suspension of this Agreement will not affect the time period for completion of the project If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is compieted, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may inciude any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirabie to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includabie as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall n, execute any contract or obiigate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department Failure to obtain such approval shall be sufficient cause for nonpayment by the Department The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the empioyment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's compiying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compilance with the Consultants' Competitive Negotiation Act 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the poiicy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement The DBE requirements of appiicable federal and state laws and regulations apply to this Agreement The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement in this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, nationai origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and iocallaws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and Wi' require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and loc~. laws and regulations, including the "Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," in 49 CFR. Part 29, when applicable. STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT10N LOCAL AGENCY PROGRAM AGREEMENT Aoenda Item No. 1682 . May 22, 2007 P"np 11 n~2t~1040 PROJEC~)qAGEMENT dFFICE 03/07 Page 9 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commerciai supplies or raw materials. When the project involves installation, construction, demolition, removai, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: 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 or consuitant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, 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 be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public buiiding or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT A,genGa Item No. 1682 May 22, 2007 PROJE~~Ab~ME'~~d~:~~~ 03107 Page 10 "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect. in this contract or the proceeds thereof." The provisions of this paragraph shall not be appiicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or deiegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental reguiations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shail not be obligated or liabie hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid. the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to confor' to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shail require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state iaw, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.08 Plans and Specifications: In the event that this Agreement invoives constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. 13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project. the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project. including those projects for which no right-of-way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout. that the project was completed in accordance with applicable pians and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item i~o. 16B2 Mav 22. 2007 P::<':n 1t:;; ,,'()2~-y10-40 PROJECrMAl<IAGEMENT'OFFICE 03/07 Page 11 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behaif of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or-an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency !:2:1 will D will not maintain the improvements made for their useful iife. 13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215A22(3)(b), Florida Statutes, will be due and payabie in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start untii a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financiai Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timeiy payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Aqenda Item No. 16B2 c May 22. 2007 P:=1no 1 n r,;~2,--o10-40 PROJECT1\.tll..iQAGEMENT 'OFFICE 03107 Page 12 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY COLLIER COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: BCC Chairman or Designee By: Name: Michael G. Rippe Title: Director of Transportation Deveiopment Attest: Title: Clerk Attest: Title: Executive Secretary As to form: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. Aaenda Item No. 1662 - May 22. 2007 Page 17 of 17 RESOLUTION NO. 2007 . A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE, A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF I lITH (BLUEBILL) AND 8th STREET, COLLIER COUNTY. WHEREAS, the State of Florida Department of Transportation (FOOT) is willing to enter into a Local Agency Program Agreement ("Agreement") with Collier County, wherein FOOT will reimburse Collier County up to the sum of $306,205 out of an estimated $420,000 total project cost for the construction of intersection improvements at the following location: I) Intersection of]] 1,h Avenue (Bluebill) and 8th Street WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to construct these improvements, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Agreement. 2. The Collier County Clerk will forward a certified copy of this Resolution to FOOT along with the Agreement for execution by FOOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of , 2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Jim Coletta, Chairman Approved as to form and legal sufficiency: Scott R. Teach Assistant County Attorney J>.genda Item No. 1683 May 22. 2007 F'age 1 of 12 EXECUTIVE SUMMARY Recommendation to approve a Resolution of the Collier County Board of County Commissioners (BCe) authorizing the submission of the Transportation Disadvantaged Trust Fund Trip/Equipment Grant Application with the Florida Commission for the Transportation Disadvantaged (CTD). OBJECTIVE: To approve the attached grant application (Transportation Disadvantaged Trust Fnnd Trip/Equipment Grant Acknowledgement Form) and Resolution authorizing the Chairman of the BCC to sign the application. CONSIDERATIONS: Recently staff received the attached memo from Lisa Bacot, the Executive Director of the Commission for the Transportation Disadvantaged concerning the FY07/08 Transportation Disadvantaged Trust Fund Trip/Equipment Funding allocations. The letter indicated that Collier County is eligible to receive $608,398 in FY07/08. Collier County must formally apply for these funds in order to receive this funding. As the Community Transportation Coordinator (CTe) for Collier County, the BCC is eligible to submit a Transportation Disadvantaged Trust Fund Trip/Equipment Grant application with the Commission for the Transportation Disadvantaged each year. Funds from this grant cover a portion of the operating expenses of the Transportation Disadvantaged Program. FISCAL IMPACT: This reimbursement grant application will provide transportation disadvantaged grant funding in the amount of $608,398 (project 450041). A 10% grant match is required and will be funded through the FY07 budget (project 314271). GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 in the Transportation Element ofthe Growth Management Plan. RECOMMENDATION: That the Board authorize the Chairman of the Board of County Commissioners to sign the grant application, any assurances, reimbursements invoices, warranties, certifications and any other documents which may be required in connection with this application. Prepared By: Sue Faulkner, Principal Planner, Alternative Transportation Modes Dept. Attachments: I) Funding allocation memo from the CTD; 2) Trip and Equipment Grant application; 3) Resolution ltemNumber: Item Summary: Meeting Date: Page I of 1 Agerlijd Item No. rvldV22 Pa9b 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 'sa:;; !~B(omrnendilIIQn te 8ppr~lVe J Fieso:ullo'l of th~' Cu!IIW (Gun:\, Board n! COUl'lty (,(lImn ~':;I{)nel,. 01"" iJu:110'" "ne ;IW SuLIl1IS,;:ll"l ':.. trlc/ Traw;;" n,;kw, Un:J(I"JI 'qeed'i rust r'wvJ Trlf';/EJulpr,',ent C;rimt ApDi,l;a1tUr1w',jil ',he Fiur,1"00IYIIYlIs,';I;;r,lGrHkTrii'"pC1rwl,u'1 Ij;S<-]O\,81'lt8ged rCTDI !1,C033'1('\ ,- 22120(<, ,- au ~;', PrincioJIPlanrwr Date Prepared By SucFaulkner irarlSllnrlationSorvlces AlternattVt' Transportal.on Modes 51412007 B:01:12PM DireciorATM Director Date AI'proved By D'aneB. Flagg TranspMtationService,> Altornat,ve Transportation Modes 5/71200712:45 PM Ass,nant County Attomey Date Approved Hy ScottR. Teach Count\'Attorn,,1' County Attornel' Of/;ce 51f1/200711.20 AM Date Approved By ClebraEurom (,dm,,,istr,ltivcServiccs Assistant Grant Coordmator i'\dmin;strativ<J S~lrvicl!s 51812007 J;11 PM Grants Coordinator Dale Approved By MuielleJ. Foord rJ,dmtnistrativc Service~ l\<tministrativl,Servlcesl\dmln 5I8i20073::nPM l:ia'baraLaP"."re Oato Approved By T ',illS porlallO n ~,crv, ce s ManagementlB\'dgOlAnalysl TrafficOperM'Ons SIB/20G74:27PM Approved B)' LosaTaylor TransportalionSNVlces :,;anagementIBudqutAnalyst Dat" T,ans!,JOrtanonAdrT11Ol$trution 51~i2007 e,st, AM Tr2nsp~rtatiofl fJiv;s,nnAdmrni'ttr:lIor Dale Approved By r~C,tm E Fmter, AICP T"",sport!JlionServices TranspClrtal'<.H< S<Jrv,ces AdnHn 5/912007 HU4AM I'X(lcullveSccr"t"ry Date Apprn~'ed By Pat Lctlnl111rc lransportallon S'JrVlt:(,~ TransP<>rl,1tion S>;f'{IC()5Adrnln !:,i9:20{17 10.:25 AM OM8 CnardlnJtor /;drn,nr~,trallve A~,s',-,lant D~\e AI'proved By CowHyM;<l1agc,(s()f'h;>; OHICC ()f M'1naCH'rnCI1\ 3. HUdllct 019;2007 j :l!i f'r~ Approved By MMkll>ackson COllnty Mar1dgCr'S Office buclgetAnalyst D~te ')ffice of M~na[]om..ml It.. Budgd 51141200792(' AM County Manage' Date Approved lIy James v_ Mudd BoanJ 0lCOUl11y (;omrnis$loners County Mall3CjPr'sOffiu, ~114,12007 114S AM file://C:\AgendaTest\Export\83- May%2022, %202007\ 16. %20CONSENT%J.OAGENDA \] 6., 51] 6/2007 r,OlIjp^t~MISS,C)~fO.1Hf Transportation Disadvantaged Charlie Crist Governor JR Harding Ed.D. Chairperson Donna Loggie Vice Chairperson Lisa M. Bacot Executive Director Agenda Item Ho. 16B3 May 22. 2007 Page 3 of 12 MEMORANDUM Date: March 6, 2007 To: Community Transportation Coordinators Designated Planning Agencies Lisa Bacot, Executive Director ~ CommissionerslDesignees CTD Staff YlJ?J From: Copies: Subject: FY 07-08 TDTF Funding Allocations Attached are the allocations for the next fiscal year beginning July I, 2007. These allocations are based on data submitted in each of the Annual Operating Reports and other factors contained in the Transportation Disadvantaged Trust Fund (TDTF) distribution formula. A five-year projection by county is also attached. Please note that the outer year projections are based on estimated revenues and a five-year cash flow management plan. It is subject to change based on actual revenues and legislative appropriations during those years. LB:bj 605 Suwann.. Street, Ms-49 "" T.n.h....., FL 32399-0450 Phone: (850) 410-5700 "" Toll Free: (800) 983-2435 "" F.x: (850) 410-5752 _.do!.ltltl!.fl.uslctd - FY2007-2008 FY2007.2008 FY04/05 ;~;;B~ !i~.. i'!!ll;t!;!iii(lia ~~:;~!n.!~~;:J,02 03/06107 &~p;~,....._. . , ..:t,.........,..._ FY:;OO7.200E LOCAL TOTAL VOLLn'T/'..RY FY2008-2000 FY2009-20 10 FY10 I 0..'2011 F't2011.20t2 TIUP!EQLrrP TRlPIEQUIP EST. PROJECT DOLLARS TRIP/EQUIP TRlPIEQU1P . lltJPIEQUIP TRlPIEQUIP ('minty FUN DS MATCH COST fUNDS FUNDS FUNDS FUNDS Alll.chull I $495.751 I $55.0801- $550.835 I $593 5498,978 $502.917 550&,759 5514,705 Bnker T S14J.099 j $;S.900 $158.9% ;7 $144.02~ $145.163 $\46,845 $148.558 Buy I B38.8951 ;37,6551 $376.550 Sill $341.093 5343,778 I $347.759 5351.81 I Bradford I S90.9<iS I $iO.I05T $101,050 ;4 $9 L5 57 $92.304 $93.41 i lQ4.J38 Brevllrd SI.079.B5:: 5\ !9.984 1 $1.\99.&35 S68/; S1.0&5,388 I s ~ ,092.1 47 11,102.170 I Sl,l12.374 Bruwan:! 13.020.267 $335,585 $3,355,852 S~.J74 S3.040.026I $3,O!i.4.l55 $3.099,93l $3.1J6.351 Calhoun $148.29.5 $16,477 S 164,773 $9 $149,243 $15Q,400 S152.J 15 $153.86' Charlotte S282A72 $~ \.386, ,J13,M58 $1.1' sn4,342 S286.625 $290.01 J $293.457 Citrus 527 5.3 00 S3G.589 $)05,889 $254 $277.221 $279.567 S283.~-'l I S:'UI6.5ES ('J3\' $:!5f,.575 S;28.508 5285.083 $100 $258.]681 $260,557 $263.80':;' l 5:267.109 Collier 1608398 \61.GOO $675,998 $)95 S611.&44 $618.172 $626.320 \ $634.513 Columhia 5260,65-1 S:2~;.9G2 S2R9.61C) S'-' $262.465 $264.673 S267.947 $271.279 .., DesOlO S179.41b $!9.935 $194.351 I $6 $180,499 $181.821 J;i83.7S2 $185.773 DiJo.ie $1~7.fJ89 116.410 I 5164.09111 Si 5,14&.674 5149.8781 1151.663 5;153.480 Duval S 1.I97.Q49 1133.106 IUlL055 i S2.7fi4 $1.2U5.921 $1.215.657 Sl.2~l1JA) SI,:!44.7!l5 Escamhm i $5J9,42.:1 I $57.714 S577,I371 1356 $522.310 $525.835 $:53L(~2 553(..382 fhmler I $190.590 $21.177 $211.767 $~2 $191.932 $193.571 Sltl6JX)] $198.475 Fnmkhn I ,lJ3,753 $14,861 $14h,614 $3 $lJ4,624 5135.6B8 $\37.265 SI3S,871 Gadsden 1 $268.1 19 529,791 $207.910 S15 5269.455 5271.087 S273,506 $275.968 Gilchnsl I $85,034 $9.448 $Q4.482 51 $85.571 $86.226 1 $(;7,197 $8~.186 Gll'ldes i I I 45.2lJi, 516,134 SI61340 $I 5146,198 S147.409 $149.205 515i.OlJ Gulf I $130.705 $14.523 5145.228 S3 5llJ.575 $132.637 $J34.212 5m,815 Hamilton I S12247:'i I S13.60g S13o.0M3 $1 $123,409 $12.4.550 $,126.242 $127,964 I-Iortke S.\S5.94(i i $20,66\ $206.607 $7 $187,074 $188,451 $190.492 S19~,571 Hcndrv S:!5(J.S72 $2!:;.S~ ) 5285.413 $7 ,258.6OS I $260.862 $264.114 $267.426 Hemamin T.21..t.92-" . $26.1031 S261.027 5n 5;236.636 ! S238.725 $241,823 S244,977 HI['hii1lld~ $3:16,0.12 ~37JJf; I $373.380 531 $338.283 $341 Ji20 $3-45,071; $34~.209 Hillsbor'llu\!h S 1.352.025 1150.2251 $1.502.2501 Si.lT;r SI,3(,L580 I $1.373.249 S1,J9(j.S4fJ I $1.4Q.l;,161 Hoime$ $143.555 SI.~351T 5.l595051 $41 $144.451 $1'::55A~ $147,166 S14l).RI(i Il\niiln Ril'c: 51<15.'135 S27.27 ! 1 S:272.705 i 514(, $246,932 S248.76\ $251.473 $254.2:\4 Itlcksl.lD $J3\.:1J4 SJ7.~7(J I $372,704 I $3' $J37.283 5339.542 SJ42.890 S:~46.299 ,.'cffcrWI1 I SI3.:;,(,.10 $1.:J,lJ5(11 $l49.5R[) ! S:. $135.594 S13ti,770 S13B.515 1 $140.291 L.lltlH'ellt I $111,918 ~,: I ~ ,435 ! $124.35J I $: .~ \ 12.669 $113.586 5:114,94(, I s'116.330 Luke I S5(l-O,99I S56.11Oi ~S(II,IOil $869 S50E.J7~ S512.50(l I $518.63 I I $52-1.86'7 Lee I $55'J39 :h61.9::!i i $(l I ~).26-" I $1.55(1 S561.00CJ 1565A90 S,57:;,13S i $S78.l:ll)~' Leon I $.';2:.76h 3.-17.5:\0 i $4:5.2%1 s..llCJ $.:130.417 S;~33,673 $43h.4871 $44],387 Lev\' I S2/5.25' ,3U,584 I \l05,84; I 546 i277.231 I $279.641 $28J.215 I S2R(d'l5J :"-lhCT\\' $181.7J'.> I 5:20.:93 I $201.932 I $(j 5. I 8.2.9.'l.1 i $.184.415 $18-6.597 I 1188.H:7 lvladJson !I6J.S78 1 S\B.lOr) i S; 1 82.(}~(,1 $.1 SlbS.nOS i 5.\66.38\ I $16&.422 I S!70.500 Manatee 5;45017':' 150.03: S500.30ti SHi4 $4530444 >4573 IJ $463.049 $46S,BSlJ Mllrlllll I $61Ui!W $67.8% $678,977 $102 5615.128 5.620.071 $627.400 $634,S(1l Martin 1 $228:547 S115.3'~4 S~53.941 Sl"") .$230.228 $231,282 5;2]5,32(, 5238.425 MIami-Dace- I S7.3 lJ224 $812.580 58.125.804 53.321 S7.375.928 S7.452.4971 S7.566,028 $7 ,6S] .6Q2 Monroe i $271.174 SJO.t30 $301.304 $!52 5273.363 $276,035 I $279.998 $284,033 Nassau I SJJO.495 $23.388 $233.883 524 $21 i.722 S213..221 $2\ S.443 5217.705 Okilloosa I SJ5R.OG3 ~39.785 S397.848 5136 S360398 $363.250 \ S367.477 $371,781 Okl::echobec $180.906 $20.101 S201.007 $22 S 1 R2.23~ ;183.863 S186.274 S188.7::!7 Or.lnl!e . $1,370..572 $153,175 $J.531.746 $1.202 $! .3B8.264 $1.400.100 SI.417.649 $1.435.5]5 Osceolll . 5:72;.443 $8U.160 $80I.G04 ;134 $72'::.658 S728.583 $73<iA02 I 5:740,327 Palm Beach $2.044.474 5227 .164 I $~.27L63g $2.510 .S2,061.003 $2.081,186 52.11 1.112 I S::,14t.577 l'asc(, $4R 1.526 f $53.503 \ S5J5.02~1 I $510 5:<184,964 $489.162 $49'::.387 1 S50i.723 !'llleHa~, I $[.658.028 I $184.2251 $1,842,254 $953 $ 1.666.280 I S; 1.676.357 $1.691.298 $J,7C6.50h Pall; $868,()4 \ I S96.44li $%4.489 5333 $B74,103 I $881.507 S892.484 $903.6.'19 ~'lllmml $275.771 ~3Q,&41 5306.4 14 S69 $277.4931 $279.594 $282.709 I S2115.881 Suml .Iohn~ $275.30]. $.10.589. $305.892 I $575 S277,371 I $279,897 $283,641 S287A53 Suml Lucie 5352.617 $39.181 $391,807 \ $250 SJ55.51S! $354.050 1364.286 S36lJ.6i6 Sallta \(OSll $307.7R9 L'4.19tf SJ4 1 .987 S5R S10Y.H97 I 53]:!A?l SJ1 G.2!' 8 $:320.17~ Samsot<l S.53ur;'7 $59,0\); ! $590.91':; S: .734 $536.221 I 554\.526 $549.391 $557.]99 Scmmnic ~ I :p482':;;P,i I $53.587 $535.8{','7 $1.037 5,4HS.OS:2 I MR8.436 $4~3.45J $4911.561 :-'Un1Ler I $1 99.50t;! S.?.2.IG' $22 \ .(1) .Pi S200,lJ9J I S202JW9 f $205.501 :i::OS,241 Commission for the Transportation Disadvantaged Grants Program Distribution FY 2007/2008 Plus "stimated Proiections of Grant Distribution for FY 2009-2012 Agenda Item No. 16B3 May 22, 2007 Page 4 of 12 01/0610 i rY2007~200g FY2007.2008 FY(j4/0~ ~~:~sliIi!!ltmj.;;;;~ ,1'2::iJ'~~~lL' ~~'~mj,u;r;li~:~,:4; ~t~;JE$fup~t~l.f:::; Fl'20C17 -2(n~ LOCAL TOTAL VOLL'NTAR Y FY200b-20O:> FY2009-20 10 FY2010-2OJJ f'Y2011-2012 I TRIP'Ef)Cll' TRJPiEQUIP EST. PROJECT DOLLARS TRlPIEQUlP TRlPIEQUlP . llUP!EQLnP llUP/EQUIP COllmy FUNDS MATCH COST FUNDS FUNDS FUNDS FlJ1\tJS 5uw.mnet SlOG.12o $21.2::7 j S222.,I;7:l ~:, 5;20\,715 $203.533 $206::>79 $208.974 'javlor $:235.;;7 S24.S39 I $248.385 S5 5225.091 5226.977 I $229.77.4 5;232.620 Umon 5.75.3 14 ,0368 I $83.682 I $14 $75.8:3 Si6A45 Si7.3G7 $78.:\05 Volusia S799.2-49 I SSS.F.ti~ $8Sb.05" $93(1 $804.918 5811.!\.40 5&22.105 $S32.554 Wakul!.. S14-\595 $ 1 (J.fJ6t, SI6().661 513 $145.582 $146.187 $14~.575 $150.394 \\"allol1 i28IJ,7J(! I S31.860 S31b,600 $~9 $288.638 S29Q.955 5294.390 $297.88, \l,iashlnf!JOn $16S.iil$ I S 18.66(1 5;186.6:-:6 52(1 S169.1J65 $170.3~ $i72.240 5174.172 TO"TA1.5 S36.tjl:)7.30S 1 $';,07';.1..15 .q0.i';J,~s:. S;2fL659 !36.924.97.~ S37.139.62i S37,7ffi.!50 S38.181.076 Commission for the Transportation Disadvantaged Grants Program Distribution FY 2007/2008 Pius Estimated Projections of Grant Distribution for FY 2009-2012 Agenda Item I~o. 1683 May 22.2007 Page 5 of 12 Agenda Item No. 1663 Commission for the Transportation Disadvantaged May 22, 2007 Page 6 of 12 Grants Program Distribution FY 2007/2008 Plus Estimated Projections of Grant Distribution for FY 2009-2012 OJl06107 ) .':Eli!itria\iictJ/);,:,;;Estnndtelj....::i. ;,'J.13.tbtiatild .c" li.'E.stimalw Plannmg FY2007-200R FY2008-2009 FY2009-20 10 FYlO 10-20 II FY2011-2012 PI'.A ~ PL!\ NNJNG PLANNING PLANNING PU\NT\INCi PLANNING CounlY FUNDS FUNDS FUNDS FLII'DS FUNDS Alachu:i. 21748921401 $22.149 $12.70:!- $13.170 523.852 5;24.448 Baker 21749321401 Sli.5.:1S S; i7 .984 518.433 $] 8.894 519.367 Bav 227G7321401 S20.469 520.981 521.505 522.043 $22.594 Bradford I 2174972140] 5]7.632 $18.073 518.525 518,988 519.463 Brevard I 2485142140 I $28.332 529.040 529.766 530.510 531.273 Broward 23703621401 554,003 $55,353 $56.73i 558,155 $59.609 Calhoul1 "'lji0772 140 1 $ 17.33 I $17,764 $ 18.208 518.663 $19.130 Chnrlolle 20724221401 ! $20.306 $10.813 $2 U34 $21.867 $22.414 emus 40325121401 $19.8;1 $20.347 $20.856 52U78 521.912 ChI\' 21750121401 $20.637 S21.] 5:; $21 .6E2 $-:'" '1'1' S2~, 779 .......,_,c,... Collier 20724621401 S23.7R4 $24.3 7R 524.988 $25.612 $26.253 Cohlmbm 21750421401 S18.341 S18.800 $ !9.~70 S19.75:: $20.246 Desoto I 20724921401 $17.721\ I $18.171 $18.62; 519.091 $19.568 Dlxte 21750821401 ~ 17.36~. $17.797 $18.242 $18.698 $19.165 DUVOl.I 21751221401 S35.322 $J6.205 $J7.i 1(' $38.038 538,989 Escambiti 227081214011 $23.482 524.069 $24.671 $~5.288 $25,920 nacler 24852021401 S 18.70; $19.172 $19.652 $20.143 S20,646 Franldil1 227085:1401 S 17 ,265 S17,697 518.139 518.592 $19,057 Gadsden 22708821401 S18.048 518.500 518.962 S19,436 S 19.922 Gilchnsl 21751&21401 SI7.38(\ $17.8]4 518.259 $18.716 $19.184 Glades 207252214U] ~~17,263 $17.694 $18.137 $18.590 $19.055 Gulf I 22709221401 $17.386 I $17,821 5.18.266 $IS.723 $19,191 Hamilton I ~175192J4(l1 $li.3~9 I SJi.773 S18,2Ji $18.673 5.19.139 Hardee 20725621401 $17.615 $18.056 518.507 $18.970 $19,444 Hcnc!rv \ ~O7259214()1 $17,851 $18.297 S18,755 $19.224 519.70':; Hcmando I 40323521401 $20.238 $20.7A4 $21.262 $2 L7 94 $2~.339 Hlchland:; I 2072632140 II $19Jl21 $19.496 $19.984 S20,483 $20.996 Hillsborot1!:':h I 403239214011 $41.061 $42.088 $43.14fJ ,44.21 g 545.324 Holmes I 227095214011 517.443 517,879 SIR.326 $18.n5 S;19.~:'4 lndl:m RIver I 2370402140] i $19.796 $20.291 $20.798 $21.318 S2 i.851 Jnck:;on I 227099214011 $18.091 S18.!l.D SJ9.OC17 S19":182 $19,96~ Jefferson I 227102214011 ~ 17 JJ 7 I $17.-71 SIB.llS SI B.67IJ $19.l:.7 Lilbven:.c 21752321401 S17.20(1 SJ7_t"i3() $18JJ77 ,18.528 S 18.992 L::Jkf 24852421401 $22,020 S23.186 S23.7()5 $24.J5Sl $24,968 Lee I 10726711401 $28.701 I Sl29.419 $30.154 ;;30.91J8 S31.681 Leon I 22il0C1114fJl! S22.792 I 523.362 523.946 524545 $25.158 Lev~ I 2:752611401 I S] 7.84J i $18.289 $18,746 $19.214 $19.695 Libcny I 227110214011 S17.197 S 17.627 SI8.06t, $18.519 ,'j, 18.982 MadIson , 1175292140; \ S 17.454 517.89(1 $18,3J8 $18,7% $19.266 , Manalee i 207~7i11401 5:23.41.19 $2~1.087 S14,G3Y $25.306 $25.939 Manon I 24852821401 S23,510 52.;1'()97 524.700 $:25.317 $25.950 t\1unm I 23i(J442~401 $20.032 S2U.532 52 i .040 5:21.57'2 $21, 1 ~ 1 Mlaml-D,ldc I 2544li721401 568.465 $70.1 i7 ,);71.93 i S73.729 S75.5?3 Monroe I 25447121401 $]1..785 519.255 $19.736 S10.13CJ $20.735 "'-iass8u I 2J753321401 $ 1 8,433 $ 18.894 5:19,3(;(1 S19.850 $20.346 Okaloos;] , 22711421401 5:21.047 I S21.573 $22.112 :122.665 $23.232 Okeechobet I 20727521ilOl $17.838 I S I 8.284 518.741 $19.210 $19.690 Orange . I 2485312]40! 53f1.!91 I ,40.170 $41,175 5:42.204 $43.259 Osceolll . I 24853121401 522.030 I $22.580 5:23.145 S23,724 524317 Palm Beach I 23704821401 $43.9!5 I $45.013 $46.138 $47.292 548.474 F'useD I 40324321401 525.67(, ! .26.317 S26.975 $27.650 S2e.341 Agenda Item I~o. 1683 C .. f th T rt t' D' d t d' May 22, 2007 ommlSSlon Or e ranspo a Ion Isa van age Page 7 of 12 Grants Program Distribution FY 2007/2008 Plus Estimated Prolections of Grant Distribution for FY 2009-2012 03106/07 Estimated Estimated , Estimated Estimated Plannmg FY2007-2008 FY2008-2009 FY2009-2010 FY2010-2011 FY2011-2012 FM ff PLANNING PLANNING PLANNING PLANNING PLANNING County FUNDS FUN DS FUNDS FUN DS FUN DS Pinellas 40324721401! $37.159 I $38.088 $39.040 $40.016 $41.016 Poik 20727911401 $28,540 $29253 $29.985 $30,734 $31.503 Putnam 21753721401 $18.603 $19,068 $19544 $20,033 $20.534 Saint Johns 21754121401 $20,376 $20.885 S21.407 $21,942 $22.491 Sam! Lucie 23705221401 $22,132 $22.685 $23.252 S23.83~ $24.429 Santa Rosa 227118214011 $19.932 $20.430 $20,941 $21,464 $22.001 Sarasota I 20728321401 $24.847 $25.469 $26,105 $26,758 $27.427 Seminole '" 24853121401 $25.777 $26.422 $27.082 $27,759 $28,453 Sumter 2485372140] $18.609 $19,074 $19.551 $20,040 $20,541 Suwannee 21754421401 S17.847 $]8.293 $18,750 $19,219 $19.699 Tavlor 2175482140] $17.488 $17,925 $18,373 $18,833 $19.303 Union 217552214011 $17,354 I $17.788 $18,233 $18,689 $19.156 \/oILlSl<.1 248541214011 $27.538 1 $28226 $28,932 $29.655 $30,396 I WakulllJ 12712221401 $17,607 I $18,047 $18,49H $18.961 $19.435 Walton 227125214011 818,172 I SI8,626 $19,092 $19,569 $20.058 Washmgton 22712821401 $17,526 I $17,964 S18.413 $18.874 $19.346 TOTALSI I $L521.855 1 $1,559,897 $1.598.894 $1,638.867 $1.679,839 Agenda Item 1\10. "1683 May 22, 2007 Page 8 of 12 RESOLUTION NO, 2007 - A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) AUTHORIZING THE CHAIRMAN TO EXECUTE AND FILE AN APPLICATION FOR A TRANSPORTATION DISADVANTAGED TRUST FUND GRANT APPLICATION WITH THE FLORIDA COMMISSION OF THE TRANSPORTATION DISADVANTAGED. WHEREAS, Staff requests the Collier County Board of County Commissioners authorize its Chairman to execute an application for a Transportation Disadvantaged Trust Fund Grant from the Florida Commission of the Transportation Disadvantaged in the amount of $608,398; and WHEREAS, this BOARD has the authority to execute and file this grant application and to undertake a transportation disadvantaged service project as authorized by Section 427.0159, Florida Statues, and Rule 41.2, Florida Administrative Code. NOW. THERFORE, BE IT RESOLVED BY THE BOARD THAT: 1. The BOARD has the authority to file this grant application. 2. The BOARD authorizes its Chairman to file and execute the application on behalf of the Collier County Board of County Commissioners with the Florida Commission for the Transportation Disadvantaged. 3. The BOARD'S Registered Agent in Florida is: David C. Weigel, County Attorney The registered Agents address is 3301 East Tamiami Trail, Naples, FL 34112. 4. The BOARD authorizes its Chaim1aJ1 to sign any and all assurances, warranties, certifications, agreements, any subsequent amendments, contracts and other such documents which may be required in cOlll1ection with the application. This Resolution adopted this 22 day of Mav, 2007, after motion, second and majority vote in favor of adoption. ATTEST: BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: JAMES COLETTA, CHAIRMAN By: Attest as to Chairman's Signature only APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By SCOTT TEACH, ASSIST ANT COUNTY ATTORNEY Agenda Item I~o. 1683 . May 22, 2007 Transportation Disadvantaged Trust Fund Trip/Equipment 12 Grant Acknowledgement Form GRANT RECIPIENT LEGAL NAME:Collier County Board of County Commissioners FEDERAL IDENTIFICATION NUMBER; 59-6000558 REMITTANCE ADDRESS:3301 East Tamiami Trail CITY AND STATE:Naoles, FL ZIP CODE: 34112 CONTACT PERSON FOR THIS GRANT: Sue Faulkner PHONE NUMBER: 239-774-8192 FAX NUMBER: 239-213-5899 (REQUIRED) E-MAIL ADDRESS:suefaulknerCci.1collierqov.net PROJECT LOCATION [County(ies)]: Collier County PROPOSED PROJECT START DATE:Julv 1, 2007 END DATE: June 30,2008 PLANNING FUNDS:$...Q ANTICIPATED CAPITAL EQUIPMENT REQUEST Equipment n/a $Amount ONLY REQUIRED IF CAPITAL EQUIPMENT IS PURCHASED: This Acknowledgment Form requesting the purchase of capital equipment has been reviewed by the n/a Local Coordinating Board. Local Coordinating Board Chairperson's Signature Date ESTIMATED CASH-FLOW OF STATE GRANT FUNDS ($ divided bv 1000) July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June FY 07/08 50,709 50,699 50,699 50,699 50,699 50,699 50,699 50,699 50,699 50,699 50,699 50,699 I, Jim Coletta. Chairman, as the authorized Grant Recipient Representative, hereby certify that the information contained in these forms is true and accurate and is submitted in accordance with the instructions. Grant Recipient Representative (Signature) Date Agenda Item No. 1683 May 22, 2007 TRANSPORTATION DISADVANTAGED TRUST FUND 0 of 12 SERVICE RATES COMMUNITY TRANSPORTATION COORDINATOR:Collier County Board of County Commissioners EFFECTIVE DATE: Julv 1. 2007 TYPE OF SERVICE TO BE UNIT COST PER UNIT PROVIDED (Passenger Mile or $ Trip) Ambulatory Random Trip 17.75 Ambulatory Group Trip 15.00 Wheelchair Random Trip 27.50 Wheelchair Group Trip 27.50 Stretcher Trip 28.50 Air Mile 1.50 dourly Rate Hourly 45.00 Out of Area Trip 12.50 Air Mile 1.50 Escorts Trip 5.00 CAT full-fare one-way ticket Bus pass 1.25 CAT reduced fare one-way ticket Bus pass .60 CAT full-fare 31-day pass Bus pass 35.00 CAT reduced fare 31-day pass Bus pass 17.50 STANDARD ASSURANCES Agenda Item I~o. 16B3 May 22, 2007 Page 11 of 12 The recipient hereby assures and certifies that: (1) The recipient will comply with the federal, state, and local statutes, regulations, executive orders, and administrative requirements which relate to discrimination on the basis of race, color, creed, religion, sex, age, and handicap with respect to employment, service provision, and procurement. (2) Public and private for-profit, transit and paratransit operators have been or will be afforded a fair and timely opportunity by the local recipient to participate to the maximum extent feasible in the planning and provision of the proposed transportation planning services. (3) The recipient has the requisite fiscal, managerial, and legal capacity to carry out the Transportation Disadvantaged Program and to receive and disburse State funds. (4) The recipient intends to accomplish all tasks as identified in this grant application. (5) Transportation Disadvantaged Trust Funds will not be used to supplant or replace existing federal, state, or local government funds. (6) Capital equipment purchased through this grant meets or exceeds the criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July I, 2001 or criteria set forth by any other federal, state, or local government agency. (7) Capital equipment or consultant services purchased through this grant comply with the competitive procurement requirements of Chapter 287 and Chapter 427, Florida Statutes. (8) If capital equipment is purchased through this grant, the demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to: (a) response time; (b) fares; (c) geographic service area; (d) hours and days of service; (e) restrictions on trip purpose; (f) availability of information and reservation capability; and (9) contracts on capacity or service availability. .~ Agenda Item No. 1663 May 22. 2007 Page 12 of 12 In accordance with 49 CFR Part 37, public entities operating demand responsive systems for the general public which receive financial assistance under Sections 5310 or 5311 of the Federal Transit Administration (FfA) have filed a certification with the appropriate state program office before procuring any inaccessible vehicle. Such public entities not receiving FfA funds have also filed a certification with the appropriate program office. Such public entities receiving FfA funds under any other section of the FfA have filed a certification with the appropriate FfA regional office. This certification is valid for no longer than the contract period for which the grant application is filed. Date: Signature: Name: Jim Coletta Title: Chairman of the Board of Countv Commissioners Agenda Item No. 16B4 May 22, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve the purchase of two fixed-route buses as scheduled replacements to be operated by Collier Arca Transit. OBJECTIVE: To acquire approval to purchase two fixed-route buses and trolley decal wraps for Collier Area Transit CONSIDERATIONS: Staffrequests approval to purchase, through State contract two Gillig heavy-duty transit buses from Gillig Corporation, Haywood California, at a total cost of approximately $324,326.00 each. We anticipate a delivery date of February 2008. The buses are scheduled replacements. The two fixed-route buses will be purchased with a combination of FY06/07 Federal Transit Administration (FTA) 5307 formula grant money awarded for capital expenses and insurance reimbursements in the amount of $35,799.83, which have been received from bus #10069. FISCAL IMPACT: Sufficient budget exists to fund the desired acquisition. These replacement buses were planned and programmed for purchase as part of the approved Collier Area Transit (426) budget While 5307 grant dollars represent the primary funding source for this purchase, insurance proceeds due from a previous bus accident will offset a small portion of this purchase. In order to recognize and expend anticipated insurance proceeds a budget amendment will be required. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 in the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve (I) the purchase of two fixed-route buses through Gillig Corporation under Florida Public Transportation Association/Hartline Contract 2003-07-01; (2) approve and waive formal competition and authorize the purchase of the trolley decal wrap through Stan Mitts, who owns the copyright to these designs; and (3) and approve a budget amendment for the express purpose of recognizing insurance proceeds and expending said proceeds to offset this planned bus purchase. Prepared By: Sue Faulkner, Principal Planner, Alternative Transportation Modes Dept Item Number: Item Summary: Meeting Date: Page] ofl Agenda Item No. 1684 May 22, 2007 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1684 Recommendation to approve the purchase of twofixed-roule buses as scheduled replacements to be operaled by Collier p.,rea Transit (5648.652) 5/22120079 OQ:OQ AM Date Prepared By Sue Faulkner Transportation Services Principal Planner AltemativeTransportation Modes 516/200711:27:49PM Date Approved By Debra Eurolll Administrative Services Assislant Grant Coordinlltor AdministrlltiveService5 518/20073:15 PM Date Approved By MarleneJ.Foon::l Administrative Services Grants Coordinator Administrative Services Admin. 518f2007J:24PM Date Approved By Diane B. Flagg Transportation Services Director A TM Director Alternative Transportlltion Modes 518f20074:04PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administtator Tr:msportation Services Admin. 5/9/20Q710:16AM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 519/200710:35AM Date Approved By OM6Coordiniltor County Manager's Office AdministtativeAssistant Office of Management & Budget 5/9120073:36 PM Date Approved By Barbara LaPierre Transportation Services ManagemenUBudget Analyst Traffic Operations 5/141200710:12AM Date Approved By Lisa Taylor Transportation Services ManagemenUBudget Analyst TransportlltionAdministration 5/14120071O:45AM Mark Isackson Date Approved By County Manager's Offiee Budget Analyst Office of Management & Budget 5/14!20Q710:47AM Approved By JamesV.Mudd Board of County Commissioners County Manager Date County Manager's Office 5114120Q711:48AM fil....llr.\ A <Tpnn"T...<>t\J=:vn"rt\Q1_fo.i1.,,,O/A')n')') o/..')n')n!)'1\ 1... o/_')nrY',1\I<;:P1\TTO/""l()A r-]::'1\lT\ A \ 1... ,/l?,I'"lf'\n., Agenda Item No. 1685 May 22, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the submission of the attached Florida Department of Transportation (FDOT) Public Transit Service Development Grant project proposal request for 100% grant funding in the amount of$816,512. OBJECTIVE: To obtain approval for the submission of a Florida Department of Transportation Public Transit Service Development Project Grant project proposal request for the amount of $816,512. CONSIDERATIONS: Public Transit Service Development funds are made available each year through an application process administered by the Florida Department of Transportation (FDOT). This grant application consists of a project proposal for 100% grant funding of a new route to provide regional transit connection service from Collier Area Transit to LeeTran in Lee County. This route will connect at Bonita Beach Road on Tamiami Trail (US 41) in Lee County and to other Collier Area Transit routes at North Collier HospitaL This will give new mobility to people wishing to use public transit to travel between Collier County and Lee County. ~, FISCAL IMPACT: The total project cost for the proposed project is $928,512. Should Collier County receive funding from FDOT for the proposed Public Transit Service Development Project, funding would be awarded in the amount of the total cost of the project minus the estimated fare revenues over three years. The fare revenues generated by the new route are estimated at $] 12,000. The total requested amount of funding with this FDOT Public Transit Service Development Grant project proposal is for $816,512. Public Transit Service Development Grants are awarded and dispersed over three start-up years of service, after which general fund funding from Fund 426 would be needed to cover operating expenses. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 in the Transportation Element of the Growth Management Plan. RECOMMENDATION: The Board of County Commissioners approves the attached FDOT Public Transit Service Development Grant Project Proposal for submission. Prepared By: Sue Faulkner, Principal Planner, Alternative Transportation Modes Dep!. Attachments: FDOT Service Development Project Application - Item Number: Item Summary: Meeting Date: Page lofl Agenda Item No. 1685 May 22, 2007 Page2of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1685 Recommendation to approve the sUbmission of the attached Florida Department of Tlilf1sportation (FOOT) Public Transit Service Devetopment Grant project proposal request for 100% granlfunding in the amount ot $816,512 5/22120Q79:0000AM D". Prepared By Sue Faulkner Transportation Services Principal Planner AltemativeTransportation Modes 5/7/2007 J:07:59 PM Date Approved By scottR. Teach County Attomey Assistant County Attorney County Attorney Offic:e 5/812007 J:09PM 0", Approved By Debra Eurom Administrative Services Assistant Grant Coordinator Administrotiveservices 518120073:17 PM Date Approved By Martene J. Foord Administrative Services Grants Coordinator Administrative Services Admin, 5/812007 J:25 PM Date Approved By Oiane S. Flagg Transportation Services Director A TM Director Allernative Transportation Modes 51812007 J:56 PM Date Approved By Barbara LaPierre Transportation Services ManagementlBudgetAnalyst TrafflcOp"rations 518120074:17 PM D", Approved By Lisa Taylor Transportation Services Management/Budget Analyst Transportation Administration 5/9120078:57AM Date Approved By Norm E. Feder, A1CP Transportation Services TransportnlionOivisionAdministrator Transportation Services Admin. 5/9f200710:12AM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 5/91200710:37 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office 01 Management & Budget 5/9/2007 J,43 PM D", Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 5/11!200711:JOAM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 5/14120079:S4AM 0", Approved By James V_Mudd Board of County Commissioners County Manager County Manager's Office S/141200712:SJPM file:IIC:\AQendRTe~t\F:xnort\R1-Mav%7.0?? %?O?Ofl7\ I n ll/n?nrONSFNT%?nAGFNDA \ 1 n '\!1f\nnn7 Agenda Item No. 16B5 May 22, 2007 Page 3 of 4 Service Development Proiect Proposal Submitted June 2007 1. Recipient Name: Collier County Board of County Commissioners Department of Alternative Transportation Modes Transportation Services Division 2885 South Horseshoe Drive Naples, FJ 34104 Attn: Diane B. Flagg, Director Phone. (239) 774-8t92 Fax. (239) 213-5899 2. Project Tvpe: Collier Area Transit is requesting a Florida Department of Transportation Service Development Grant to implement a route that connects Collier County's Collier Area Transit routes with Lee County's Lee Tran routes. 3. Maximnm Duration: We are requesting a Three (3) year Service Development JPA. 4. Proiect Location: Collier County, FL District: 1 5. Proiect Initiation/Completion dates: The project will start on October 1, 2008 to coincide with the County budget timeframes. 6. Project Objectives: Collier Area Transit is proposing a Fixed Route that connects Collier Area Transit to Lee Iran transit. This project has significant regional benefits. This connection route will provide public transportation service between Collier and Lee County. This project provides employment opportunities on a regional basis. The proposed routing would commence from North Collier Hospital, northbound on Tamiami Trail to a connection point with Lee Tran at the Kmart Shopping Plaza on Tamiami Trail, north of Bonita Beach Rd. The Collier Area Transit route would depart the Kmart Plaza and proceed south on Tamiami Trail south to North Collier Hospital. This route would make a connection to CAT routes already serving the North Collier Hospital wherein passengers could transfer to other routes. This route is a 60 minute frequency. This Routing achieves the following objectives. 1. Connection between Collier Area Transit and Lee Tran routes. 2. Serve areas not currently served by public transportation. Agenda Item No. 1685 May 22, 2007 Page 4 of 4 These objectives improve transportation options for both the citizens of Collier and Lee Counties. 7. Operational Responsibilities: Collier Area Transit will manage the project and provide recommendation on the route timing. They will also alert the public through media, take-oue flyers, and update the route schedules. Collier Area Transit will implement the improved routing through a courteous, reliable, cost effective, and safe team commitment. Collier Area Transit will partner with Lee Tran staff on marketing this Route to both the citizens of Collier and Lee Counties 8. Criteria For Success: Collier Area Transit will monitor this route for efficiencies using proven performance measures. The performance measures will include passenger per mile and ridership. The goals for this project are as follows: GOALS Route Monthlv Ridershio Passen~er Per Mile 10 2,500 L05 9. Yearlv Project Bud!!et: Cost Item Total Project Revenues and Net Project Cost State Share Cost Federal Funds Per Year Operating Costs $928.512 $928,512 Minus Farebox Revenue $112,000 Total $928,512 $112,000 $816,512 $272,171 10. Benefit to Other Systems: Collier Area Transit and Lee Tran provide public bus transportation to the citizens and visitors of Collier County. Collier Area Transit and Lee Tran provide an attractive altemative to automobiles, thereby reducing traffic congestion. Reduced traffic congestion may lead to benefits for the road system in Collier County and Lee County. This Project has Significant Regional Benefits. Agenda Item No. 1686 May 22, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment recognizing additional revenue in FY 06/07 Federal Transit Administration Grant Section 5307 funds in the amount of $993,198. OBJECTIVE: Receive approval from the Board of County Commissioners for a budget amendment recognizing additional revenue in FY06/07 Transit Administration Grant Section 5307 funds in the amount of $993, 198. CONSIDERATIONS: The Federal Transit Administration (FTA) recently announced Collier County's 5307 grant award for FY07. The grant amount has substantially increased from the estimated $1,077,200 to $2,070,398. This is an increase of $993,198. Staff is recommending approval of a budget amendment to recognize this additional revenue. FISCAL IMPACT: A budget amendment is required to recognize an additional $993,198 of Federal Transit Administration Section 5307 Grant revenue and align budgeted expenses with the actual revenue received; a total award of $2,070,398. With this additional grant award, tolal forecast FY07 capital expenses include; $822,400 for the purchase and retrofitting of two (2) CAT buses and; $1,108,000 for general improvements to the Morande site. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDA TION: It is recommended that the Board of County Commissioners approve a budget amendment recognizing $993, I 98 in additional FY06/07 Federal Transit Administration Section 5307 Grant revenue. Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes Department, Transportation Services Division ....-. Item Number: Item Summary: MeetIng Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1686 Page 1 of I Agenda Item No. 1686 May 22, 2007 Page 2 of 2 Approve a Budget Amendment recognizing an additional $993,198 in Federal Transit Administration Grant Section 5307 funds for Fiscal Year 06/07 SI22f2007 ~fOO:OOAM D::lte Prepared By Sue Faulk:ner Transportation Services PrinciplllPlanner Alternative Transportation Modes SI7I200112:01:14AM DianeS,Flagg Date Approved By Transportation Services Director ATM Director Alternative Transportation Modes S/7/200712:4J PM Approved By Barbara LaPierre Transportation Services Management/BudgetAnalyst Tr::lfficOperations Date 516/20014:29 PM Date Approved By Usa Tllylor Transportation Services ManagemenUBudget Analyst Transportation Administration SI9120018:56AM Date Approved By Norm E. Feder, AIC? Transportation Services Transportation Division Administrator Transportation Services Admin. S/91200110:14AM Date Approved By MarleneJ. Foord Administrative Services Grants Coordinator Administrative $ervicesAdmin. 5/9/200712:03PM Date Approved By Debf<lEurom Administrative Services Assistant Grant Coordinator Administrative Services 5191200112:04PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Tr<lnsportationServicesAdmin S19f20011:32PM Date Approved By OMBCoordinator County Manager's Office AdministraliveAssistant Office of Management & Budget 519120013:22PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget S1141200110:36AM D'" Approved By James V, Mudd Board of County Commissioners County Manager County Manager's Office SI14/200111:11 AM filp./fr.\ AO'".n,bT..~t\r:yn"rt\!;!1._kA"uo/...')n')') o/~,)(),)()()7\ 1 h o/~"{)('nl\l"J;'l\,ITo/..')()^r.J;'l\,m ^ \ 1 h ,11f:./,)()()"7 Agenda Item No. 1687 May 22, 2007 Page 1 of 19 EXECUTIVE SUMMARY Recommendation to approve the purchase of 2.90 acres of improved property required for road right of way for the Vanderbilt Beach Road extension project. Project No. 60168 (fiscal impact: $723,148.50), OBJECTIVE: Obtain the Board of County Commissioners' approval to purchase improved property, a part of which is required for the Vanderbilt Beach Road Extension Project CONSIDERA nONS: 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 roadway, drainage and utility improvements to Vanderbilt Beach Road Extension (Project No. 60168) between Collier Boulevard and Wilson Boulevard. The subject property is a partially constructed single-family residence with 2,761 square feet (under air), sitting on 2.90 acres. The total square footage of the residence (including garage) is 3,834 square feet It is described as the East V, of Tract 17, Unit 7 of Golden Gate Estates. The proposed roadway would run directly over the entire parcel of land, thereby eliminating all residential use and improvements to the property. Rather than complete the construction of the home and then sell it to the County, the owners, Waterways Homes and Mr. and Mrs. MaJio Gino, have agreed to the sale of the property in its "as-is" condition. The home is currently between 85% and 90% complete. The alternative would have been for Waterways to have completed construction and then closed with Gino. At which point, the County would have had to negotiate for the purchase of a brand new residence. Waterways' current pricing (at this location) for the home ordered by the Ginos is $786,200. A settlement has been negotiated for the purchase of the property in its as-is condition for $714,398.50. This amount includes: (1) the value of the land; (2) the value of the construction in place; (3) the profit the developer expected to make on the sale of the property to Mr. and Mrs. Gino; (4) the Gino's deposit held by Waterways; and (5) Gino's attorney fees and miscellaneous expenses. FISCAL IMPACT: Funds in the amount of $723,148.50 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. (Total Amount includes the $714,398.50 purchase price, $4,250.00 for Waterways' attorney fees, $4,500.00 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. - Agenda Item No. 16B7 May 22, 2007 Page 2 of 19 RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Purchase Agreements (which are substantially the same as the latest versions that already been reviewed and approved by the Office of the County Attorney and the attorney for Waterways); 2. Authorize its Chairman to execute the original Purchase Agreements containing the same terms and conditions on behalf of the Board, once it has been properly executed by Waterways and approved by the office of the County Attorney; 3. Authorize the payment of all costs and expenses necessary to close the transactions; 4. Accept the conveyance of the property via Warranty Deed and Quitclaim Deed and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; 5. Approve any and all budget amendments required; and 6. Authorize the County Manager or his designee to explore options for the salvage and immediate demolition of the subject property. Prepared by: Lorraine Lantz - Right-of-Way Coordinator, Transportation Engineering & Construction Management Attachments: (I) Purchase Agreements; (2) Aerial of property Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda lIem No. 1687 May 22, 2007 Page 3 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1687 Recommendation to approve the purchase 012.90 acres ofimprova d property required for road right of way forthe Vanderbilt Beach Road ex.tension project Project No, 60168 (fiscal impactS723,14850) 5/22120079:00:00 AM Date Prepared By Lorraine Lantz Transportation Services Right 01 Way Coordinator TEeM-ROW 517120075:29:31 PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administralor Transportation Services Admin. 5/1012007 7~4B AM O~. Approved By Joseph Delllte TransportationServices Senior Project Manager Transportation Engineeting and Construction 5/10/2007 B:20 AM Usa Tllylor Date Approved By TransportationSerllicell ManagementlBudgetAnlllyst Transport:ltionAdministration 5110/20078:51 AM Approved By Kevin Hendricks TransportlltionServicoll Right Of Way Acquisition Manager Date TECM-ROW 5/101200710:53AM OM. Approved By NajehAhmad Transportation Services DirectQr Transportation Engineering & Construction Management S/10/200710:58AM Date Approved By GaryPutaansuu Transporta1ionServices Senior Project Manager TransportaiionEngmeeringllnd Construction 5110/20Q712:JJPM Pat Lehnham Date Approved By Transportation Services E;.cecutiveSecretary TransportationSarvicesAdmin 5/10!20071:2:54PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Managament & Budget 5110120072:12 PM Date Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Mllmlgement & Budget 5111/20Q76:19PM MichaelSmykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 5/14/200710:0$ AM Approved By JamesV.Mudd Board of County Conlmissioners County Manager Date County Manager's Qffice 51141200711:01 AM filp.l/r.\Ao-Pnil,:.,Tp<:t\Fyn"rt\51:~.l\!f<>,,(l/~ 7(n7 O/~ ")n7nn7\ 11'. O/~")n('''1\T<;;:j:;1\T'TO/~")() ^ r.J:,'1\H'I^ \ 1 {'.. ,11 {'..{,}f'lf'l"l Agenda Item No. 1687 May 22, 2007 Page 4 of 19 VANDERBILT BEACH ROAD EXTENSION - PARCEL NO. 144 (W ATERW A YS / GINO) CLOSE-UP OF PARCEL # 144. Agenda Item No. 1687 May 22, 2007 Page 5 of 19 PURCHASE AGREEMENT THIS AGREEMENT is made and entered into on this _ day of 2007, by and between WATERWAYS JOINT VENTURE IV, (hereinafter referred to as "Selle~'), whose mailing address is 15122 Summit Piace Circle, Naples, FL, 34119- 4107, and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter "Purchasen, whose mailing address is 3301 Tamiami Trail East, Naples, FL, 34112. WHEREAS, Seiler owns certain improved real property located at 760 23'" Street NW, Naples, Florida, which is legally described as the East Y, of Tract 17, Golden Gate Estates, Unit No.7. according to the plat recorded in Plat Book 4, Page 95-96, of the Public Records of Collier County, and includes all structures, buildings, and improvements located thereon (hereinafter referred to as "Property"); and WHEREAS, Purchaser is desirous of purchaSing the Property in fee simple; and WHEREAS, Property is currently under contract for the construction of a reSidence for Lynne and MariO Gino (hereinafter "GINO"), which construction will be halted as a result of thiS Agreement resulting In a partially constructed home; and WHEREAS, GINO, In accordance with a Contract of Purchase and Saie dated July 11, 2005, and amended on September 13, 2005, March 15, 2006 and again on . April 27, 2006 (hereinafter "the Contract"), has made a earnest money deposit to Seller in the amount of $66.296.50; and WHEREAS, GINO has agreed to sell to Purchaser all rights and Interest it has in the Property by virtue of the Contract (hereinafter "Interest"); and WHEREAS, Seller has likewise agreed to sell and Purchaser has agreed to buy the Property In "as-Is" condition and subject to the terms and conditions set forth below: NOW, THEREFORE, and for and In conSideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, It is agreed as follows: 1. AGREEMENT In conSideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall seil to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase pnGe (the "Purchase Price") for the Property shall be $549,398.50 (U.S. Currency) payable at time of closing. This Purchase Price represents the contracted-for price of the Property with GiNO less a stop construction credit of $80,415 and less the Deposit In the amount of $66,296.50, which Purchaser will pay directly to GINO under separate agreement None of the Purchase Price is attributed to any personal property. 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, Fiorida. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the FlOrida Bar and in accordance with law. Page 1 of 10 ~ ~ Agenda item No. 1687 May 22, 2007 Page 6 of 19 At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, In recordable form: 1. Warranty Deed(s) In favor of Purchaser conveYing title to the Property, free and ciear 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 and Gap Affidavit" as requlred by Section 1445 of the Internal Revenue Code and as required by the title insurance undelWriter 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 counsei and lor its titie company. 6. Waivers and reieases from all potentiai iienors under Chapter 713, as required by Purchaser's counsei andlor its titie company. C. Purchaser shall be entitled to possession as of clOSing. Seller shall cap all existing utilities in the house and remove all construction debns from the site prior to ClOSing. The Property shall be delivered to Purchaser free of all litter and personal property as of Closing. Any personai property remaining on the Property as of Cioslng shall be deemed abandoned by Seller, its agents, contractors, representatives or assIgns. D. At the ClOSing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the follOWing: 1. 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 iast endorsement to the commitment, referenced in "ReqUIrements and Conditions" below, and that Title Company IS irrevocably committed to pay the Net Cash to Seller and to Issue the Owner's title policy to Purchaser in accordance with the commitment Immediately after the recording of the deed, however, to the extent that release of funds to Seller IS deiayed under thiS paragraph, Seller shall be entitied to Interest from purchaser on the Net Cash to Seller at a rate of Prime plus 2% per annum for any delay beyond the clOSing date. 2. Funds payable to the Seller representing the cash payment due at Closing in accordance hereof, shall be subject to adjustments and pro- rations as hereinafter set forth. E. Purchaser shall pay Seller's attorney's fees In the amount of $4,250.00. Seller shall pay at Closing all documentary stamp taxes due reiating to the recording of the Warranty Deed, In accordance with Chapter 201.01, FlOrida Statutes, and the cost of recording any Instruments necessary to clear Seller's title to the Property. The cost of the Owne~s Form B Title Policy, Issued pursuant to the Commitment proVided for In Article 8 below, Page 2 of 10 Agenda Item No. 1687 May 22, 2007 Page 7 of 19 and the Commitment shall be paid by Purchaser. Purchaser shall pay for the cost of recording the Warranty Deed. F, Property taxes shall be prorated through the date of Closing based on the current year's taxes 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 yea~s millage IS not fixed, taxes will be prorated based upon such prior year's millage. 4. CONDITION OF PROPERTY DISCLOSURES Seller IS selling property In an "AS-IS" condition. Seller represents that it knows of no facts or conditions materrally affecting the value of the Property which are not readily observable by Purchaser and which have not been previously disclosed to Purchaser by Seller in writing. 5. 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 in accordance with the following conditions and within the times stated, which requirements shall be conditions precedent to the Ciosing: A. Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form 6-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title Insurance commitment. to notify Seller in writing of any objection to title other than liens evidenCing monetary obiigations, which will 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 term mate this Agreement. B. If Purchaser shall fail to advise the Seller In writing of any such objections In Selle~s title in the manner herein requrred 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 mar1<etable 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 mar1<etable. 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 exprration of said thirty (30) day period, may accept title as it then is, waiving any objection, or Purchaser may terminate the Agreement without penalty. C. Seller agrees to furnish any eXisting surveys of the Property in Seller's possession within ten (10) 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. If the survey shows (a) an encroachment on the Property, or (b) that an improvement located on the Property projects onto the lands of others; or (c) iack of legal access to a public roadway (hereinafter "Title Defects"), the Purchaser shall notify Seller in writing of such encroachment, projection, or lack of legal access and Seller will have the option of curing such Title Defect. Purchaser shall have sixty (60) days from the Effective Date of thiS Agreement to notify Seller In writing of any Title Defects. If Seller elects to cure the Title Defect(s), it will have sixty (60) days to do so. If Seller IS unable or elects not to cure the Title Defects within this time period, Purchaser, by prOViding written notice to Seller within seven (7) days after exprration of the 60-day period, may accept the Property as it IS, waiving any objection hereunder, or may terminate the Agreement without penalty. D. The sale of thiS Property is conditioned upon the acqUisition of Gino's interest. All Closing Documents provided by Waterways pursuant to Section 3 above wili be 'I~ Page 3 of 10 Agenda Item No. 16B7 May 22, 2007 Page 8 of 19 held In escrow by Purchaser until such time as Purchaser and Gino are prepared and able to close on the Property. In the event Purchaser is unable to close on Gino's Interest within the time frame set forth '" Paragraph 3 (A) above, either party may terminate this Agreement without penalty. If either party terminates pursuant to this paragraph, Purchaser shall thereafter return the Closing Documents to Waterways. 6. INSPECTION PERIOD A. Purchaser shall have thirty (30) days from the Effective Date of this Agreement to Inspect the Property and Improvements thereon to determine through appropriate investigation that 1. The Property can be developed without abnormai demucking, soil stabilization or foundations, excessive drainage requirements, wetlands mitigation requirements Of hazardous waste clean-up_ 2. The Property IS in compiiance with all local law and state laws and regulations. 3. The Property can be utilized for its Intended purpose. B. If Purchaser IS not satisfied, for any reason whatsoever, WITh the results of any investigation, Purchaser may elect to terminate thiS Agreement without penalty, but must deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to terminate. if Purchaser fails to notify the Seller in writing of ITS specific objection WIThin the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of ITS investigations and the contingencies of this Article VI shall be deemed waived. C. Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site anaiyses, soil bOrings and all other necessary investigation. Purchaser shall, '" performing such tests, use due care not to alter the condition of the Property. Seller shall be notified by Purchaser no less than twenty four (24) hours pnor to said Inspection of the Property. D. Purchaser shall be entitled to a Walk-Through Inspection with," 36 hours of the ClOSing In order to confirm that the phYSical condition of the Property has not changed since the Effective Date of thiS Agreement, that all improvements located thereon remain In the same condition as of the Effective Date and that the Property has been cieared of all construction debris, litter and personal property. Purchaser will give Seiler at least 24-hour notice before conducting its Walk- Through Inspection. 7. TERMINATION AND REMEDIES A. If Seller shail have failed to perform any of the covenants and/or agreements contained here," which are to be performed by Seller within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by givIng written notice of termination to Seller. Purchaser shall have the right to seek and enforce ail rights and remedies availabie at law or '" equity to a contract vendee, Including the right to seek specific performance of thiS Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizmg such termmation, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as reqUired on the part of Purchaser to be performed, prOVided Seller IS not in default, then as Seller's sole remedy, Seller shall have the right to terminate this Agreement by giving written notice thereof to Purchaser, whereupon $2,750.00 shall be paid to Seller as liqUidated damages which shall be Seller's sole and exclusive remedy, and neither party Page 4 of 10 ~~ ~ c. Agenda Item No. 1687 May 22, 2007 Page 9 of 19 shall have any further Iiabiiity or obligation to the other except as set forth in Article 10 (Real Estate Brokers). The parties acknowledge and agree that Seller's actual damages In the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penally in nature. C, The parties acknowledge that the remedies described herein and in the other provIsions of this Agreement prOVide mutualiy satisfactory and sufficient remedies to each of the parties, and take into account the peculiar nsks and expenses of each of the parties. 8. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES Seller intends for Purchaser to rely on the representations contained in this Article and Seller agrees to perform and warrants the following: A Seller has full nght 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 fuil nght, 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 authonzations and approvals have been obtained by Sellers and certified copies of such approvals shall be delivered to Purchaser, if required by the title company insuring title. C. The warranties set forth in this paragraph shall be true on the date of thiS Agreement and as of the date of Closing, Purchaser's acceptance of a deed to the 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 this Agreement. D. Owner and Purchaser agree to do all things which may be requrred to give effect to thiS Agreement Immediately as such requrrement is made known to them or they are requested to do so, whichever is the earlier. E. Seller represents that ~ has no knowledge of any actions, suits, claims, proceedings. litigation or investigations pending or threatened against Seller, at law, equity or In arbitration before or by any federal, state, mUnicipal or other governmental Instrumentality that relate to thiS agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of thiS Agreement. F There are no pending options to purchase or sales contracts pertaining to the subject Property except that the Contract between Seller and GiNO, and no party other than Purchaser or GINO has any right or option to acqUire the Property or any portion thereof. G. Until the date fixed for Closing, so long as thiS Agreement remains in force and effect. Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter Into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance. or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that there are no Incinerators, or cesspools on the Property; to the best of seller's knowledge, Seller represents that it has no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly Into any body of water. To the best of seller's knowledge, Seller Page 5 of 10 Agenda Item No. 1687 May 22, 2007 Page 10 of 19 represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposai 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 to the best of seller's knowledge, no such hazardous or tOXIC substances are currently used in connection with the operation of the Property, and there IS no proceeding or Inquiry by any authority with respect thereto. Seller represents that It has no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. To the best of seller's knowledge, Seller states that no storage tanks for gasoline or any other substances are or were iocated on the Property at any time during or pnor to Seller's ownership thereof Seller represents none of the Property has been used as a sanitary landfill. I. Seller has no knowledge that the Property and Seller's operations concerning the Property are In violation of any applicable Federal, State or local statute, law or reguiation, 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. J. 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. K. Seller has no knowledge that there are any suits, actions or arbitration, bond Issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, pavIng agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmentar 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 pnor to the effective date of this Agreement. L Seller acknowledges and agrees that Purchaser is entering into thiS Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the Effective Date of thiS Agreement up to and Including the Date of Cioslng. 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 wouid change the zoning or phYSical condition of the Property or the governmental ordinances or laws governing same. Seller aiso 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 governmentai authorities haVing JuriSdiction of the development of the property which may restnct or change any other condition of the Property. M. 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 appiication of any federal, state, local or common law relating to pollution or protection of the environment which shall be In accordance with, but not limited to, the ComprehenSive EnVIronmental Response, Compensation, and liability Act of 1980, 42 U.S.C. Section 9601, et seq.. ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), Including Page 6 of 10 ~~ Agenda Item No. 1687 May 22, 2007 Page 11 of 19 any amendments or successor in function to these acts, This provIsion and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 9. NOTICES Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be In writing, sent by registered, or certified mail, return receipt requested, postage prepaid, or by facsimile with automated confirmation of transmission or personal delivery, addressed as follows: If to Purchaser: With a copy to: If to Seller: With a copy to: Transportation Engineering & Construction Management Attn: Lorraine Lantz, Right-of-Way Acquisition Section 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239.213-5843 Fax 239-530-6646 Ellen T. Chadwell Assistant County Attorney Office of the County Attomey Harmon Turner Building 3301 Tamlami Trail East Napies, Florida 34112 Teiephone 239-774-8400 Fax 239-774-0225 Matthew Jackson Goodlette, Coleman & Johnson, PA 4001 Tamlami Trail North Suite 300 Naples, FL 34103 Telephone: 239-435-3535 Fax: 239-435-1218 Richard Davenport Waterways Joint Venture IV 15122 Summit Place Circle Naples, FL 34119-4107 Telephone: 239-352-6610 Fax: 239-352-1460 The addressees, addresses and numbers given 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 herern. For the purpose of changing such addresses, addressees or numbers, unless and until such written notice is received. the last addressee and respective address or numbers 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, physical delivery or upon the fifth day after certified or registered mail has been postmarked. 10. REAL ESTATE BROKERS Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall Indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party cialming to have been engaged by Seller as a real estate broker, salesman or representative, rn connection with this Agreement Seller agrees to pay any and all commissions or fees at Closing. Page 7 of 10 ~ ~ Agenda Item No. 1687 May 22, 2007 Page 12 of 19 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 contamed In this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. E. All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to Include any other gender or number as the context or the use thereof may require. F. No waiver of any proviSion of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any prOVIsion of thiS Agreement shall be applicabie 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 m thiS Agreement falls on a Saturday, Sunday or iegal holiday, then the date to which such reference IS made shall be extended to the next succeeding business day. H. Selier IS aware of and understands that the "offer" to purchase represented by thiS Agreement IS subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. I. 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 pubiic disclosure, according to Chapter 286, Florida Statutes, under oath. of the name and address of every person having a beneficial Interest in the Property before Property held In such capacity is conveyed to Collier County. J. ThiS Agreement shall be governed in accordance with the laws of the State of Florida. K. The 'Effective Date' of thiS Agreement will be the date of execution of this Agreement by the iast signing party. L. ThiS Agreement contains the entire understanding between the parties; there are no promises, representations. warranties or covenants by or between the parties that are not included in this Agreement M, TIME IS OF THE ESSENCE In thiS Agreement Page 8 of 10 ~~ ;I \1'~ Agenda Item No. 1687 May 22, 2007 Page 13 of 19 IN WITNESS WHEREOF. the parties hereto set forth their hands seals. ProjecUAcquisitlon Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk James Coletta, Chairman AS TO SELLER: DATED: WITNESSES: WATERWAYS JOINT VENTURE iV, a Florida general partnership (Signature) BY: WatelWays at HibiSCUS, Ltd., a Florida limited partnership, a general partner (Pnnted Name) BY: WatelWays Development, Inc., a Flonda corporation, its general partner BY: (Signature) Richard Davenport, President (Pnnted Name) WITNESSES: (Signature) BY: BRIBRO VENTURES, INC" a general partner (Printed Name) BY: , President (Signature) DATE: (Pnnted Name) ~\i\< ~ Page9of10 WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) Approved as to form and legal suffiCiency: Ellen T. Chadwell Assistant County Attorney Agenda item No. 16B7 May 22, 2007 Page 14 of 19 BY: DESN I, INC.,a general partner BY: DATE: Page 10 of 10 , President ~;{- ~" ... Agenda Item No. 1687 May 22, 2007 Page 15 of 19 PROJECT: 60168 PARCEL No(s): 144 ' " FOLIO No(s): 36911080109 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of , 2007, by and between MARIO AND LYNNE GINO, as husband and wife, whose mailing address is 33 Twist Hills Road, St. James, NY 11780 (hereinafter "Gino"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a fee estate in that certain property located at 76023" Street NW, Naples, Florida, 34119-4107, legally described as the East half of Tract No. 17, Golden Gate Estates, Unit No.7, according to the plat thereof as recorded in Plat Book 4, Page 95, of the Public Records of Collier County, Florida, and including all structures, buildings or improvements located on the premises (hereinafter "the Property"); and WHEREAS, WATERWAYS JOINT VENTURE IV, a Florida general partnership, whose mailing address is 15122 Summit Place Circle, Naples, FL 34119-4107 (hereinafter referred to as "Waterways") is currently the fee simple owner of the Property and has entered into a contract for the construction of a residence and ultimate sale of the property to Mario and Lynne Gino: and WHEREAS, Gino made a deposit in the amount of $66,296.50 in accordance with the Contract of Purchase and Sale for the Property dated July 11, 2005, as amended on September 13, 2005, March 15, 2006, and April 27, 2006 (hereinafter referred to as '.Contract"); and WHEREAS, Gino has an equitable interest in the Property by virtue of the Contract (hereinafter referred to as "Interest") and desires to convey its Interest to Purchaser, on the terms and conditions set forth herein; and WHEREAS, Purchaser has entered into separate agreement with Waterways for the purchase of the Property; and WHEREAS, Purchaser has agreed to compensate Gino for conveyance of its Interest, but oniy on the condition that it is able to acquire the Property from Waterways; 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 mutuaiiy 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. Gino shall convey its Interest to Purchaser for the sum of: $ 165,000.00 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 Gino, payable by County Warrant, shall be full compensation for all of Gino's Interest and shall be full and final settlement of any and all other damages in connection with acquisition of the Property and Gino's Interest by Purchaser, including all attorneys' fees and costs. ~i ~ Purchase Agreement Agenda Item No. 16B7 May 22, 2007 Page 2 Page 16 of 19 3. Prior to the Closing, Gino shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Ciosing Documents"): (a) Quitciaim Deed to the Property; (b) Ciosing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Gino 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 counsei and/or titie company. 4. Both Gino and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within one hundred twenty (120) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, payment shall be made to Gino in that amount shown on the Closing Statement as "Net Cash to Seller," and Gino shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Closing is contingent upon Purchaser obtaining clear and marketable title to the Property from Waterways. All Closing Documents provided by Gino pursuant to Section 3 above will be held In escrow by Purchaser until such time as Purchaser and Waterways are prepared and able to close on the Property. In the event Waterways is unable to convey marketable title or Purchaser is otherwise unable or unwilling to close on the Property within ten (10) days of having received the Closing Documents from Gino, the Purchaser may terminate this Agreement without penalty. Upon termination GINO will be entitled to liquidated damages as set forth in Paragraph 11. Purchaser shall thereafter return the Closing Documents to Gino. 6. Gino 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 eariier. 7. Gino is aware and understands that the 'offer' to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 8. Gino agrees to, represents and warrants the following: (a) Gino has full right, power and authority 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 Gino hereunder and to consummate the transaction contempiated hereby. (b) Purchaser's acceptance of a deed to the said Property shall not be deemed to be fuil performance and discharge of every agreement and ~~ ~ " Purchase Agreement Agenda Item No, 16B7 May 22, 2007 Page 3 Page 17 of 19 obligation on the part of Gino to be performed pursuant to the provisions of this Agreement. (c) No party or person other than purchaser has any right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so iong as this Agreement remains in force and effect, Gino shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. (e) Aside from the construction contract with Waterway Joint Venture IV, there are no maintenance, construction, advertising, management, leasing, empioyment, service or other contracts affecting the Property. (f) Gino has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informai, existing or pending or threatened which affect the Property or which adverseiy affect Gino's ability to perform hereunder; nor is there any other charge or expense upon or reiated to the Property 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 Gino's representations stated in this Agreement and on the understanding that Gino will not cause the physicai condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Ciosing. Therefore, Gino 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 wouid change the physical condition of the Property. (h) The Property and all uses of the Property have been and presentiy are in compliance with ail Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specificaily disclosed to the Purchaser; that the Gino has no knowledge of any spill or environmental iaw violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Gino has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyence of title. 9. Purchaser shall pay to record the Quitclaim Deed. In accordance with the provisions of Section 201.01, Fiorida Statutes, prohibiting payment of documentary stamp taxes by Purchaser, Gino shail pay ail documentary stamp taxes required on the instrument(s) of transfer. 10. This Agreement and the terms and provisions hereof shail be effective as of the date this Agreement is executed by both parties and shail inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personai representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. ^"J .\, v~ ~ o Purchase Agreement Agenda Item No. 16B7 May 22, 2007 Page 4 Page 18 of 19 11. If Purchaser falls to close the transaction contemplated hereby or otherwise falls to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided GINO is not in default, then as GINO's sole remedy, GINO shall have the right to terminate this Agreement by giving written notice thereof to Purchaser, whereupon $1,500.00 shall be paid to Seller as liquidated damages which shall be Seller's soie and exclusive remedy, and neither party shall have any further iiability or obligation to the other. The parties acknowledge and agree that GiNO's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonabiy determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 12. Conveyance of the Property by Gino is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, inciuding 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 Gino and Purchaser. 13. Should any part of this Agreement be found to be invalid, then such invaiid 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. 14. This Agreement is governed and construed in accordance with the iaws of the Sfate of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 2007. Property acquisition approved by BCC pursuant to Resolution No. , dated AS TO PURCHASER: DATED: ATTEST: DWiGHT E. BROCK, Clerk BOARD OF COUNTY COMMiSSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: James Coietta, Chairman ~ \ Purchase Agreement AS TO OWNER: DATED: Agenda Item No. 1687 May 22, 2007 Page 5 Page 19 of 19 Witness (Signature) MARIO GINO Name (Print or Type) Witness (SIgnature) Name (Print or Type) Witness (Signature) LYNNE GINO Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney 'Yel. J',,! Agenda item No. 16B8 May 22, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to authorize spraying herbicide on vegetation in the bottom of a swale/canal/ditch that drains approximately a 1,000 acre basin that includes the Boyne South pun, a portion of US 41, and some agricultural property north and south of US 41. OBJECTIVE: To authorize the Road and Bridge Department of the Transportation Division to spray the ditch that conveys runoff south between Sections 28 & 29 of Twp 51 S, Rge 27 E with herbicide prior to the onset of this year's rainy season so that the capacity of the ditch to convey water is improved. CONSIDERATIONS The swale that flows south from the southeast corner of the Boyne South PUD project, currently known as Royal Palm development, along the previously described Section Line straddles the common property line between Fiddler's Creek to the west and National Park Service property to the east. The swale does not sit on Boyne South property and we could find no clear specific maintenance easement that exists in anyone's favor. The ditch appears to be an old farm ditch that historically existed for decades. A historic right to continue using the easement for drainage probably exists, but the upstream properties have no common maintenance entity in place. Boyne South's Lake 25 is the lake that receives the discharge from the rest of the project. Lake 25 is a long rectangular lake that runs the entire length of the south boundary of Boyne South. The lake discharges at its southeast corner toward the south into the swale in question. Discharge was, until recently, through a 48" corrugated metal pipe (CMP) that was recently removed and replaced with an open swale. The advantage of this is that the flow path is now larger and visible at all times. The representative from Fiddler's Creek, Mark Strain, has given permission to herbicide the half of the swale on Fiddler's Creek property, and the Park Service's manager, Chad Lach, has given permission for Collier County to spray the half of the swale on Park property (see attached e-mail) based on Road and Bridge's listing of the herbicidcs that they propose to use. FISCAL IMPACT: The Road and Bridge Department of the Transportation Division estimates that the cost of the spraying operation will be apprmdmately $2,500. GROWTH MANAGEMENT IMPACT: None. STAFF CONSIDERATIONS: Community Development and Environmental Services staff agrees that the herbicide spraying of the vegetation in the ditch will improve the capacity of the ditch to convey the flow of water. 1 Agenda Item No. 1688 May 22, 2007 Page 2 of 6 LEGAL CONSIDERATIONS: These matters are typically not reviewed by the Office of the County Attorney. STAFF RECOMMENDATION: That the Board of County Commissioners authorize spraying the swale in question with herbicide. PREPARED BY: Stan Chrzanowski, P.E., Engineering Review Manager, Engineering Review Services 2 Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 1668 May 22, 2007 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1688 Recommendation for the Board of County Commissioners to direct the Road and Bridge Depar1mant of the Transpor1ation Division to spray herbicide on vegetation In the bottom 01 a swale/canal/d;!ch that drainsepproxirnately 1000 acre basinltlat includes The Boyne South PUD, a portion 01 US 41, and some agricultural properly north and SOUlll of US 41, (52,500) 5/22/2007900 DOAM Date Prepared By Stan Chrzanowski Community Development & Environmental Services Engineering Review Manager Engineering Services 5/8/20072:56:55 PM Approved By CDES Engineering Services Director Date Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services 51812007346 PM Norm E. Feder, Alep Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin, 5/9/20077:58 AM Approved By MarleneStewllrt Community Development & Environmental Services Executive Secretary Date Community Development & Environmental Services Admin. 5/10/200712:33 PM Oper<'ltionsAnalyst Date Appro\'ed By JudyPuig Community Development & EnvironmentlllServices Community Development & Environmental Services Admin. 5f10/200712:34PM Approved By JOl;eph K. Schmitt Community Development & Environmental Services Community Development & Environmentai Services Adminstrator Data CommunIty Development & Environmental Services Admin. 5/11/20078:34AM QMBCoordinlltor Administrative Assistllnt Date Approved By County Manager'!!O Office Office of Management & Budget 5/1t1200710:26AM Mar~_lsackson Budget Analyst Date Approved By County Manager's Office Office 01 Management & Budget 5/11/20074:56 PM Approved By JamesV. Mudd Board of County Commissioners County Manager Date County Manager's Office 5/12f200710:47AM F.1...J/r.\ ^ ~~..l.,;r",,,.\Cv...^...\Q~ ~~~"O/_"lf\"l"l O/"lf\'l(){\'711t:. o/"lf\rn"Tcr.ld'rO/'l(\^ r",..Tr\ ^' 1t:. /:11t:.n(\(\'7 Agenda Item No. 16B8 May 22, 2007 Page 4 of 6 Stan, I wanted to iet you know that you have been approved to spray the herbicides noted beiow in the Boyne South Outfall Ditch. The park service has ran into problems before with the herbicide Arsenal, it has a residence time of up to 120days and can sometimes damage non-target trees through natural root grafts that may exit. We just want to make sure that the county is cautious with the mixing of this chemical and can use a iow concentration that will still be effective. The herbicide will be applied to the Royai Palm Gulf Estates side of the ditch correct? I understand that the herbicide will spread onto our side of the ditch, but this will help mitigate it from spreading elsewhere in the park. If you have any question, please give me a call. Thanks, Chad Lach Park Manager Collier-Seminole State Park 20200 East Tamiami Trail Naples, Florida 34114 Phone: (239)394-3397 Visit The Real Florida,m at http://www.fioridastateparks.oro 7 ~ ":::~l~,'i;:,j~.~,. F~~ ~~.".- f ,". ,,::;- -=l '_..:-..k-; , ", .,.('-' 1 <:~~ From: chrzanowski_s [mailto:StanChrzanowski@colliergov.net] Sent: Tuesday, March 27, 2007 4:35 PM To: Lach, Chad Cc: kuck_t Subject: FW: Name your poison Chad.. here's the answer top the Herbicide question: Subject: RE: Name your poison in a dry ditch with no expected water coming or rain we use the following- Rodeo and Arsenal, A Drift Control- Spec And a adjuvant - Inlet In a wet ditch or rain expected- Rodeo and Habitat. Spec and Inlet Travis D. Gossard Sr. A/unager Collier County Road Ma;ntcnan('c Dept Agenda item No. 16B8 May 22, 2007 Page 5 of 6 Phone 239 774-8924 417-6320 Fax 239 774-6406 travisf!ossard(ii)('o/lierf!ov.net Both Travis D. Gossard Sr. and the Collier County Road Maintenance Department intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Travis D. Gossard Sr. immediately at 239-417-6320. Thank you. From: ViietJohn Sent: Monday, March 26, 20074:23 PM To: gossard_t Subject: FW: Name your poison Please answer Stan's question. From: chrzanowski_s Sent: Monday, March 26, 2007 4:02 PM To: ViietJohn Cc: kuck_t Subject: Name your poison John... simple question: IF (big if) we get written permission from the Park Service to let you spray that Boyne South outfall ditch with an herbicide, what is the name (generic or otherwise) of the herbicide that you'll use? STAN CHRZANOWSKI. P.E. ENGINEERING REVIEW MANAGER COLLIER COUNTY. FLORIDA "Omnes relinquite spes, 0 vos intrantes" Office: 239-659-5751 Fax: 239-530-6551 Agenda Item No. 1688 May 22, 2007 Page 6 of 6 From: mpstrain [mailto:mpstrain@comcastnet] Sent: Friday, May 04, 2007 8:59 PM To: chrzanowskLs Cc: mckennaj@gulfbay.com Subject: RE: Mark... as per your earlier request: Stan, Please consider this as permission to Collier County to access and spray the herbicides as approved and permitted by the Park Service, our adjoining neighbor, in the Boyne South Outfall Ditch that we have been discussing. Our property is the N 1/2 of Section 29. The property is fenced and gated and we have cattle on the property. You may access via the gate or any means you find, however, if you want access through the gate, which is at the end of Auto Ranch Road, please coordinate with Jack McKenna at 398-2103. The gate needs to be swung shut and locked behind each entry to avoid the cattle from getting out. If you have any question, please give me a call. Thanks, Mark Strain As Attorney-in-fact for D Y Associates Ltd. I7w h!formarion contained in this transmission may contain privileged and co/?fidentia/ information. It is intended on~\'p}1" the use of the person (,\) named aho\'c. IfJ'ou are not the illtended recipient. you are hereby notified that any review, dis,'i'eminatfol1. dislrihutio!1 or duplication qf'this communication is ,"'trietly prohibilCd. !(you are not the intended recipiel1t, please ('o1l[act the Sender by reply e~mail and deslw)' all copies q(the original message. This is considered a prfwlfe and confidential messagefi-om the Sender. The original Sender canl/ot attest to the awhcntici(v of copies posTed. fhnl'tmlcd. or SCIll by uny other group or person. Agenda Item No. 1689 May 22, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve Change Order No. 1 to Professional Service Agreement No. 05-3865 in the amount of $503,793 with CH2MHILL, Inc., for the design of Collier Boulevard Road Improvements from Golden Gate Boulevard to Golden Gate Main Canal, Project No. 68056. OBJECTIVE: To receive Board approval of the negotiated Change Order No. I for Engineering and Permitting Services to be provided by CH2MHill, Inc., for capacity improvements to Collier Boulevard, Project No. 68056. CONSIDERATION: Contract 05-3865 is currently being designed to widen Collier Boulevard to six lanes from Golden Gate Boulevard to the Golden Gate Main CanaL The current contract provides for 100% plans from Golden Gate Boulevard to Pine Ridge Road and 30% plans from Pine Ridge Road to the Golden Gate Main Canal. Change Order I was anticipated in the original contact as additional services and expands the design contract to provide for final design and permitting from Pine Ridge Road to Green Boulevard. The expanded project will also provide 60% design and permitting from Green Boulevard to the Golden Gate Main Canal with the aim of going to a future design build project from Green Boulevard to the Golden Gate Main CanaL FISCAL IMPACT: Funds in the amount of $503,793.00 are available within the Transportation Supported Gas Tax Fund and Road Impact Fee Funds. Source of funds are in gas tax and impact fees. GROWTH MANAGEMENT IMPACT: The project is currently identified on the Capital Improvement Plan as CIE 13 and is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Change Order No. I to Professional Services Agreement No. 05-3865 with CH2MHill, Inc., in the amount of $503,793 for design and engineering services for roadway and capacity improvements to Collier Boulevard from Golden Gate Boulevard to Main Golden Gate Canal, and authorize the Chairman to execute the agreement on behalf of the County. Prepared by: Marlene Messam, P.E., Senior Project Manager, TECM Attachments: (1) Change Order No. I; (2) Change Order Checklist; (3) Backup Document - Fees; (4) Scope _. Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda !tern No. 1689 May 22, 2007 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1589 Recommendation to approve Change Order No 1to Professional Service Agreement No 05,3865m the arTloum of $503,793 with CH2MHILL Inc., for the design of Collier Boulevard Road Improvements from Golden Gale Boulevard to Golden Gate Main Canal, Project No 68056 5/22/20078-00:00AM Right of Way Manager Date Prepared By Marlene Messam Transport<ltionServices Transportation Engineering & Construction Management 5/2120073:2B:57PM Gary putaanr.uu Sen;or Project Manager Date Approved By TransportationServicll:s Transportation Engineering<lnd Construction 5/11120071:12 PM Date Approved By Marlene Messam Transportation Services Right of Way Mar1llger Transportation Engineering & Construction Management 5/11120073:35 PM Date Approved By Norm E. Feder, AtCP TransportationServicl!s Transportation Division Administrator Transportation Services Admin. 5/15/20078:28 AM NajehAhmad o~, Approved By Transportation Services Director Transportation Engineering & Construction Management 5/15/200710:31 AM Dale Approved By Rhonda Rembert Administrative Services Contract Specialist Purchasing 5115120072:22 PM ManagemenVBudget Analyst Date Approved By Usa Taylor Transportation Services TransportJtionAdministration 5/15120072:29 PM Executive Secretary Dale AppruvedHy Pat Lehnhard Transportation Services Transportation Services Admin 5115120073:47 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 5/15/20074:52 PM Appro\'ed By JamesV,Mudd BoardofCotmty Commissioners County Manager Date County Manager'r. Office 5115120075:47 PM -F;lQ.Ilr'.\ ^ ~Q~..ln'TQ~+\Y:;,~~_\Q1 1.4m.O!:')(\,1') O/')()')('UY"11 11: o/_')(\rV,"'TC'Y:;-"'T'T'O/')(\"r~Cl'."'''\ It: ':11 t: 1"1(\(\"7 GUIDELINES FOR COMPLETING THE CONTRACTIWORK ORDER MODIFICATION CHECK LIST FORM Agenda Item No. 16B9 May 22, 2007 Page 3 of 15 1. Document circumstances prompting the changers) request by... a. Identifying who initiated the change request b. Identifying the nature of the change 2. Analyze the change request to determine: a. The hard and soft costs of the change and the appropriateness of each b. The benefits of the change c. The impact{s) of the change on the project d. The impact of the change on the overall success/failure of the project 3. If the change is deemed justified, review the original contract to determine or verify... a. Whether the change is consistent with existing project scope b. The existing terms and conditions (e.g.; price and schedule) c. That the proposed change is not included within the existing scope d. The protocol for authorizing changes to the agreement 4. Document the analysis of and the justification(s) for the change. 5. Obtain preliminary review and input from one of more of the following: a. Other project managers b. Immediate supervisor c. Appropriate 3M party consultants d. Purchasing Contract Specialist e. County Attorney Office f. Risk Management Department g. Other County departments materially impacted by the change. 6. Certify the appropriateness of the change based on the information gathered in steps 1-5. 7. If the change is not deemed justified, notify the appropriate parties and include the documentation gathered to date in the project file. 8. If the change is deemed justified, identify the appropriate contract instrument and clearly state the benefit or value that the change has to the project. . (Change Order, Amendment, Work Orders or Supplemental Agreement). 9. Prepare and process the change document in accordance with... a. The terms and conditions of the existing agreement b. The County's Contract Administration Procedures. c. Check the numbers and percentages for accuracy. d. Sign the Contract Modification Form e. Submit the form with back up documentation attached to Purchasing for review Form Retrieved From: IIForms/County Forms/Purchasing Forms/Contract Modification Checklist Revised 10.24.2006 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 1689 May 22, 2007 Page 4 of 15 PROJECT NAME: Collier Boulevard, Golden Gate Blvd. to GG Main Canal_ PROJECT #: _68056_ BIO/RFP #: 05-3865 MOO#: PO#:_ 4500057198 WORK ORDER #: DEPARTMENT:~ CONTRACTORlFIRM NAME: CH2MHiII Original Contract Amount: $ 2.028.745.00 (Starting Point) Current BCe Approved Amount: $ 2.028.745.00 (Last Total Amount Approved by the BCe) Current Contract Amount: $ 2.028.745.00 (Including All Changes Prior To This Modification) Change Amount: $ 503.793.00 $ 2.532.538.00 (Including This Change Order) Revised ContractIWork Order Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: $ 503.793.00 Date of Last BCe Approval December 13 2005 Agenda Item # 10C Percentage ofthe change over/under current contract amount_25.03_0jo Formula: (Revised Amount/ Last BCe 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-CeNA 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 (5): ORIGINAL: July 4. 2010 CURRENT: December 1, 2010 SUMMARY OF PROPOSED CHANGE (5): Identify the changes. Chance Order No. 1 was anticioated in the orieinal contract as additional services and orovides comDensation for desien of Collier Boulevard from Pine Ridee Road to the Golden Gate Main Canal. This includes final desicn and oermittina of 0.5 miles of White Boulevard and 1.0 mile of CR 951 from Pine Ridee Road to Green Boulevard. The exoanded oroiect will also oravide 60% desien and oermittine for an additional 1.0 mile of CR 951 fram Green Blvd. to the Golden Gate Main Canal. An additional one hundred and fifty davs (150) is added to the desien schedule to carrv the contract throuch to construction. certification and oroiect closure. JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?Contract 06-3881 is currentlv under construction for the 6~lane widenina of Collier Blvd fram lmmokalee Road to Golden Gate Boulevard. Contract 07-4124 is currentlv beina advertised for bid for six.lanine Collier Blvd. from US 41 to Davis Blvd. Collier Boulevard from Green Blvd. to the Golden Gate Main Canal lacks the ootential to oravide water Qualitv treatment for the anv future imorovements to this section of the corridor. The benefit of this chance order is that it will comolete the Environmental Resource Permit fERP) within the oroiect limits bv orovidinc comoensatorv water Quality treatment volume for the section south of Green Blvd. within the section from Green Blvd. to Golden Gate Blvd. The entire oroiect limit (Golden Gate Main Canal to Golden Gate Blvd.) will be oermitted and the ROW described for future ourchase. PARTIES CONTACTED REGARDING THE CHANGE: TE&CM Director Purchasina Deoartment and Desian Consultant 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: Principal Project Manager Date: REViEWED BY: Contract Specialist Date: PREPAREO BY: Marlene A. Messam, P.E. Senior Project Manager Date: APPROVEO BY: Jay Ahmad, P .E. Director, Transportation Engineering and Construction Management Revised 10.24.2006 Date: APPROVED BY: Noonan E. Feder, AICP, Administrator Transportation Services Division Revised 10.24.2006 Date: Agenda Item No. 1689 May 22, 2007 Page 5 of 15 CHANGE ORDER Agenda Item No. 1689 May 22,2007 Page 6 of 15 CHANGE ORDER NO. CONTRACT NO. 05-3865 BCC Date: December 13. 2005 Agenda Item: 10C TO: CH2M HILL 5801 Pelican Bav, Suite 505 Naples. FL 34108 DATE: 5-1-07 PROJECT NAME: Collier Boulevard. GGB to GG Main Canal PROJECT NO.: 68056 Under our AGREEMENT dated De c erYlt:>eV' 1-3, ;LOO::; You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: (See attached Attachment" A") FOR THE Additive Sum of: Five hundred and three thousand seven hundred ninetv-three dollars and zero cents. ($ 503.793.00 ). Original Agreement Amount $ 2.028.745.00 Sum of Previous Changes 0.00 Present Agreement Amount S $ $ 503.79300 2.532.538.00 This Change Order (Add) (Deduct) The time for completion shall be increased by 150 calendar days due to this Change Order. Accordingly, the Contract Time is now 1783 calendar days. The substantial completion date is Julvll 2008 and the final completion date is December 1. 2010 . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above. as fully as if the same were repeated in this acceptance. The adjustment. if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: /t/ ~ CONTRACTOR: CH2MHILI1 ,2007 OWNER: By: ~\;lL,-,-\.j:- ~. \ ~ John.W MOg..~e, Jr. . '--- 7 VIce Preslctent BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:, _~~ Gary Putaansuu. PE. Principal Proj. Mgr. BY: By: Jay Ahmad. PE Director. Transportation Engineering and Construction Management Norman E. Feder. AICP. Administrator Transportation Services Division Revised 5/1/2007 EXHIBIT A SCHEDULE A SCHEDULE OF FEES FOR BASIC SERVICES Agenda Item No. 16B9 May 22, 2007 Page 7 of 15 CH2M HILL Collier Boulevard - Additional Design Services from Golden Gate Boulevard to Golden Gate Canal Collier County Project No. 68056 Schedule of Fees for Basic Services Task 1 Golden Gate Boulevard (Credit) (4.236') Golden Gate west bound widening (12' of pavement and 6' Sidewalk) Sta. 40+25 10 Sta 82+61 deieted (4,236') ($96.30000) Task 2 Improvements alonD White Boulevard (0.5 mil $138.520.00 Roadway Design Permitting Topographic Survey ROW Maps Sketches and Description Geotechnical investigation I I Task 3 Improvements Pine RidDe Road to Green Bivd. (1 mil $221430.00 Roadway Design Permitting Topographic Survey i Task 4 Improvements Green Blvd. to Golden Gate Canal (2 mil $191,640.00 60% Roadway Design & Permitting ROW Maps Sketches and Descriptions Task 5 Alionment shift (13,700') $14,560.00 Task 6 Green Boulevard Conceotuallmorovements $4.150.00 Task 7 Green Blvd. to Golden Gate Pkwv Extension All. $545000 Task 8 Post DesiDn Services (BiddinD Services) An Error was made in the original contract Task g Exoenses $5.200.00 $1914300 Total for Task 1 and Task 8 $503,793.00 I Revised 5/1/2007 Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Time & Material Not to exceed Agenda Item No. 1669 May 22, 2007 Page 8 of 15 SCHEDULE B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Classification I $lHR Senior Reviewer I $160.00 Proiect Manaoer i $140.00 Lead Engineer/Permit Soec. I $115.00 I Biologist I $100.00 I - I Desi~ineer $95.00 ~. I Lead Oesiqn TechniCian j $85.00 i Draft Technician I $65.00 . I Clerical/steno $45.00 SCHEDULE C Revised 5/112007 PROJECT SCHEDULE CH2M HILL Collier Boulevard - Additional Design Services from Golden Gate Blvd. to Golden Gate Canal CatHer County Project No. 52081 Task 1-<4. Collier Boulevard/Golden Gate Blvd. to Golden Gate ~nal Data Collection, Project Coordination, PreUminary Concepts, Roadway AnalysiS and Design, PS&E Preparation. Drainage. Permits, Traffic Control Analysis and plans, Temporary Signals, Utilities, Signing, Signals. Lighting, Structures and Project management .. The time for Tasks 1 and 4 runs concurrently Agenda Item No. 1689 May 22, 2007 Page 9 of 15 150 Days'" Revised 5/1 /2007 Agenda Item No. 1689 May 22, 2007 Page 10 of 15 ATTACHMENT A SCOPE OF SERVICES FOR CHANGE ORDER NO. I, MODIFICATION NO. I TO CONSULTING ENGINEERING SERVICES AGREEMENT FOR COLLIER BOULEVARD (C.R. 951) (Golden Gate Boulevard to Pine Ridge Road) PROJECT NO. 68056 March 22, 2007 PART 1. DESCRIPTION. SCOPE OF WORK Change Order No. I, Modification No. I provides for the CONSULTANT'S services to be modified to reduce/add the following scope of services: I) Golden Gate Boulevard Improvements (Reduction of Services) As part of the Original Scope, an additional westbound right turn lane was to be added from the creek crossing to Collier Boulevard a distance of approximately 1.0 mile. These limits were reduced after the 30% Plan Submittal was complete to only include median modifications from Collier Boulevard to approximately 1000 ft east of Collier Boulevard to eliminate the median opening for Webber Street (due to safety) and lengthen the left turn lanes to southbound Collier Boulevard. This reduction of services is reflected in the attached fee estimate. 2) Improvements to White Boulevard (Addition of Services) The Original Scope has been modified to include improvements to White Boulevard for a distance of approximately 0.5 miles. These improvements were requested by the County to help reduce congestion at the Collier Boulevard - Pine Ridge RoadlWhite Boulevard Intersection. These improvements also establish the required ROWand required roadway transition for the future extension of White Boulevard. Services include Roadway Design, Utility Coordination, Drainage Design, Permitting, Environmental Phase I Surveys, Box Culvert Extension(s), and Retaining Wall Design. Required services also include ROW G:\J)esign & Engineering\#68056, Collier Blvd" GGB to Pine Ridge Road\ComractslC'hange Order #lIFinat DocumentslCollier III_eOl_SOW _32207.cloc Attachment A Change Order No. I Collier Boulevard (CR 951) Project No. 68056 Agenda Item No. 16B9 May 22, 2007 Page 11 of 15 Mapping, Sketch and Descriptions, Geotechnical Investigation and Survey The Intersection will be 4.lanes with dual left turn lanes to southbound Collier Boulevard and a third "shared" thru right turn lane. This portion of improvements will be Permitted separately from the Collier Boulevard Plans. 3) Collier Boulevard - Pine Ridge Road to Green Boulevard (Addition of Services) As part of the Original Scope, this 1.0 mile section of Collier Boulevard was to be designed to 30% Plans (Phase I). After the 30% Plans Submittal, the County requested this section of Collier Boulevard be designed to Final Plans and Permitted with the Golden Gate Boulevard to Pine Ridge Road Section. Services include Roadway Design, Utility Coordination, Drainage Design, Permitting, Environmental Phase I Surveys, Signal Plan (Green Boulevard) and Pathway Design. The Collier Boulevard northbound third lane will begin just north of the intersection (Sta. 563+/-). The third southbound lane will be constructed full width to Green Boulevard. Two Options will be considered. I) No.3 south bound lane will be striped out as the 2nd "dual" right turn lane onto Green. 2) Traffic will be shifted (800 ft approx) north of Green to the west and the No.3 lane will end up as the right turn lane onto Green Boulevard. This will eliminate the need to construct improvements south of the Green Intersection which will help expedite Permitting. 4) Collier Boulevard - Green Boulevard to Main Golden Gate Canal (Addition of Services) As part of the Original Scope, this 2.0 mile section of Collier Boulevard was to be designed to 30% Plans (Phase I). After the 30% Plans Submittal, the County requested this section of Collier Boulevard be designed to 60% Plans for purposes of Conceptual Roadway Design, ROW determination and Permit Coordination. This section of Collier Boulevard has limited available ROW for the treatment and attenuation of storm water run-off. Drainage will be collected in inlets and conveyed directly to the CR 951 CanaL The intent of the is project is that the 2 mile section of Collier Boulevard to the north that will be permitted and going out to construction, will provide additional storm water treatment and attenuation that would partially compensate for the southern 2.0 miles. A permit for this section will not be obtained as part of these services but the above mentioned concept will be presented to SFWMD for consideration and approvaL The 60% Plans will not include any Bridge Demolition Plans or new Bridge Plans. A basic geometric plan view ofthe 2 potential new bridges for the potential future extension of Green Boulevard and the potential future extension of Golden Gate Parkway will be shown. Services include Roadway Design, Utility Coordination, Drainage Design, Environmental Phase I Surveys, Signal Plan (Golden Gate Parkway) and Conceptual Pathway Design. Gc'Des;gn & Engineering\#68056, Collier Blvd. GGB to Pine Ridge Road\Conlracts\Change Order #l\Final Documents\Col\ier IJI_C01_SOW _.12207 doc Attachment A Change Order No. I Collier Boulevard (CR 951) Project No. 68056 Agenda Item No. 1689 May 22, 2007 Page 12 of 15 Required services also include ROW Mapping, Sketch and Descriptions and Geotechnical Investigation. 5) Collier Boulevard - Alignment Shift to eliminate sliver widening on east side of Roadway Station 532+00 to 669+00 (approx.) (Addition of Services) During a Geometric Review Workshop with Collier County, various widening alternatives were discussed to construct the required 6-lane section of Collier Boulevard. In an effort to reduce ROW impacts on the west side of the roadway, it was decided a symmetric widening would be used. The 30% Plans were developed based on that concept During review of the 30% Plans Submittal, various alternatives were discussed to reduce construction schedule and reduce construction costs. Based on the proposed drainage and sidewalk/pathway design, it was determined that ROW would be required from all property owners on the west side of the roadway regardless and therefore it would be more feasible hold the east side curb line and widen to the west This alternative was determined to be more cost effective and would expedite construction. This alternative would also maintain the existing lateral ditch between the east curb line and the CR 951 Canal which currently provides storm water treatment and attenuation. Services required to modify the plans to reflect this change include: Alignment shifts, Typical Section Modifications, Plan and Profile changes, Cross Section Modifications. 6) Green Boulevard Conceptual Alternatives (Addition of Services) The Original Scope has been modified to include three (3) conceptual designs for Green Boulevard for a distance of approximately 700 ft to determine ROW impacts and Storm water requirements for the Sungate Development in the NW comer of Collier Boulevard and Green Boulevard. Three (3) Alternatives were developed and presented to County Staff which showed proposed geometrics and ROW needs. Meetings were held and storm water requirements were discussed with the Sungate Development Improvements to Green Boulevard are not included in the original Scope of Services or in this scope of services. 7) Green Boulevard and Golden Gate Parkway Extension Conceptual Alternatives (Addition of Services) The Original Scope has been modified to include four (4) conceptual design alternatives for the potential extension of Green Boulevard and Golden Gate Boulevard. These were shown at the 30% Public Meeting. The potential extension of Green Boulevard was further designed showing a 4-1ane section for approximately 600 ft to determine potential future ROW needs from the Unity Faith Missionary Baptist Church that is currently planning an expansion to their facilities_ G:\Design & Engineering\#68056, Collier Blvd - GOB to Pine Ridge Road\ContraclS\Change Order #lIFinal Documents\Collier II1_e01_S0W _32207.doc Attachment A Change Order No. I Collier Boulevard (CR 951) Project No. 68056 Agenda Item No. 1689 May 22, 2007 Page 13 of 15 PART 2. - PROJECT SCHEDULE: Changes to Project Schedule. To Be Determined PART 3. - EXCLUSIONS: The following tasks are not included in the Scope of Work for this Change Order: I. Services other than those specifically listed above. 2. Services requiring more effort than that listed in the Fee Schedule. 3. No Permits will be obtained for the section of Collier Boulevard from Main Golden Gate Canal to Green Boulevard 4. No Bridge Hydraulic Reports, Bridge Development Reports or Bridge Plans will be prepared for the future Green Boulevard and Golden Gate Parkway Extension Bridges. 5. No improvements to Green Boulevard are included 6. No Utility Designs are expected or included in this Scope of Services 7. Title Searches are not included in this Scope of Services and will be provided by the County 8. No Biological Opinion required for this Project or Additions 9. Does not include Design of the SFWMD Control Structure 10. No Bridge Hydraulic Reports, Bridge Development Reports or Bridge Plans will be prepared for the Main Golden Gate Canal Bridge G,'De,ign & Engineering\#68056, Collier Blvd. GGB to Pine Ridge Road\Conlmc15\Change Order #l\Final Docurnems\Collier II! _ COI_SOW _3:207_doc mr--L0 OJo~ wo~ ~o .". Q) E~O'l Q)= co =""CL co '0 C Q) OJ <{ !: 'g l~ ~ E I, ',. 'i' 1:?, -;; hi "1 cl! :~ ,. ~~~ ! I 8888888881':8 & ~~~~~~~~.8~ ! 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I I , , , ! . - . j i j j t 1 i ! ; " I , ! , f Agenda Item No. 16C1 May 22, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve two Budget Amendments in the total amount of $107,101 to transfer budgeted FY07 personnel costs from the Public Utilities Engineering Cost Center and budgeted FY07 personnel costs from the Solid Waste Disposal Scale House Operations Cost Center to reflect the two FTE transfers in this fiscal year to the Financial Operations Cost Center. OBJECTIVE: To obtain Board of County Commissioners approval for the transfer of budgeted FY07 personnel costs from the Public Utilities Engineering Cost Center and budgeted FY07 personnel costs from the Solid Waste Disposal Scale House Operations Cost Center to reflect the FTE transfers in this fiscal year to the Financial Operations Cost Center. CONSIDERATIONS: The Fiscal Year 2007 Budget was approved with a Senior Project Manager position funded in the Public Utilities Engineering Cost Center. During a reorganization to optimize internal functions, one FTE position was moved from the Engineering Department into the Financial Operations Department. Additionally, the Financial Operations Department assumed the financial payables function for the Solid Waste Management Department during FY07 in an effort to consolidate the payables function in the Division. One FTE position was transferred from the Solid Waste Scale House Operations Cost Center to the Financial Operations Cost Center to support these responsibilities. FISCAL IMPACT: The first budget amendment transfers $66,943 in FY07 budgeted personnel costs within County Water/Sewer Fund 408 from the Public Utilities Engineering Cost Center to the Financial Operations Cost Center. A second budget amendment transfers $40,158 in budgeted personnel costs from the Solid Waste Disposal Fund 470 in the Scale House Operations Cost Center to the Collier County Water/Sewer District Fund 408 in the Financial Operations Cost Center. GROWTH MANAGEMENT IMPACT: There 1S no growth management impact to the approval of the two budget amendments. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio Governing Board of the Collier County Water/Sewer District, approve two budget amendments in the amount 01'$] 07, I 01 for payment of personnel costs in the Financial Operations Cost Center. PREPARED BY: Joe Bellone - Operations Support Manager .'-' Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 16C1 May 22, 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSiONERS 16C1 Recommendation to approve two Budget Amendments in the total amOllnt of $1 07,101 to reallocate budgeted FY07 persollrlel costs from the Public Utilities Engineering Cost Center and transfer budgeted FY07 personnel costs from tile Solid Waste Disposal Scale HOllse Operaiions Cost Center to reflect the two FTElrnnsfersin trlisflscal yeartothe Financial Operalions Cost Cenler 51221200780000AM Operations Supervisor Date Prepared By Jo.-.eph Bellone Public Utilities Public Utilities Operations 5/312007 11:46:07 AM RoyBAnderson. P.E. Pubiic Utilities Engineering Director Date Approved By PUblicUtil;ties Public Utilities Eng'neering 5131200711:5BAM Approved By Date Daniel R. Rodriguez, M,B.A. Solid Waste DIrector 513120078:35 PM Approved By Public Utiilties Solid Waste ThomasWides Operations Director Dale PUblicUtiHties Public Utilities Operations 51412007):32 PM Approved By JamcsW,DcLony Public Utilities Public UlilitiesAdministrator Date Public Utili{iesAdministratlon 517120078:44 AM AdministrativeAssistant Date Approved By OMBCoordinator County lIIIan"ger'sOffice Office of Management 8. Budget 5/7120071:28PM Managementll3udgetAnalyst Date Appro\'ed By Randy GreenwaJd County Manager's Office Office of Management & Budget 5/91200710:31 AM Michael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management 8. Budget 51101200710:53AM Approved Ry JarnesV. Mudd Board of County Commissionen; County Manager Date County Manager',>O(fice 5110120076:29 PM fi]e:jjC:\AflendaTest\Exn()rt\lG~ Mav%I2022 0/,,202007\' O. %20CONSFNT%?OAGFNDA \ 1 A ~/ I Ann07 Agenda Item No. 16C2 May 22, 2007 Page 1 of 5 .- EXECUTIVE SUMMARY Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment, and executes a Satisfaction for the Agreement To Extend Installment Payment of Water and/or Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" ~ Full payment and satisfaction of this agreement have been made. The County Attorney's Office has reviewed and approved the satisfaction. FISCAL IMPACT: Satisfaction of this agreement has increased the cash flow in the sewer impact fee (Fund 413) by $1,180.00. The fiscal impact for recording the Satisfaction of Lien is approximately $18.50, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this agreement and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. .-- Item Number: Item Summary: Meeting Date: Page ] of 1 Agenda Item No. WC2 May 22, 2007 F)age 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C2 Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement Fiscal impact is $1850 to record the Satisfaction of Lien 5/22f20079:00:00AM Date Prepared By Pam Callis Public Utilities RfJvenueSupervisor UBCS 511/200710:44,09AM D,te ApprllvedBy PamCaW$ Public Utilities Revenue Supervisor UBCS SI1/200711:02AM Date Approved By John A, Yonko$ky PUblicUlililies Utility Billing Direclor uscs 5/4/20073:19PM Date Approved By Thoma~Wides Public Utilities Operations Director Public Utilities Operations 5/4/20074:16 PM Date Approved By Jame,;W.DeLony Public Utilities Public Utililie,; Administrator Public Utilities Administration Snl20078:45AM Administrative Assistant Date Approved By OMB Coordinator County Mallager's Offica Office of Management 8. Budget 5/7120071:3:lPM Date Approved By Teresa Ri",;cn PuolicUlilities Revenue Manager uscs 5110120079:35 AM Su~~n Us.her Senior Management/Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 5110/20075:28 PM Approved By Michael Smykowski Counly Manager's Office Management & Budget Director Date Office of Management & Budget 5110120077:01 PM County Manager Date Approved By JamesV. Mudd Board of County COlnmissionen; County Managcr"s Office S110120077:4BPM file:l/C:\Al!endaTest\FxnoT1\R1.M;.lv%,?Jl?7. O/~?Jl?Om\ 1 (i %?orOW;;FNTO/,,?OAGFNnA \ 1 f.. <;!1fi/?om Agenda Item No. 16C2 May 22, 2007 Page 3 of 5 EXHIBIT "A" 1. Wesley H Christensen and Betty J Christensen, Husband and Wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #68890920002. Agenda item No. 16C2 May 22, 2007 Page 4 of 5 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Fiorida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Wesley H Christensen and Betty J Christensen, Husband and Wife Whose mailing address is 23 Grosbeak Lane Naples, FI 34114 Bearing the date of the 16th day of July 1999, recorded in Official Record Book 2571 Page(s) 1728, in the Office of the Clerk ofthe Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 23, QUAIL ROOST, UNIT I, A CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORD BOOK 980, PAGES 1634 THROUGH 1723, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH ALL APPURTENANCES THERETO ACCORDING TO SAID DECLARATION AND SUBJECT TO ALL PROVISIONS OF SAID DECLARATION, TOGETHER WITH ANY AMENDMENTS, TO DATE, THERETO, AND SUBJECT TO ALL OTHER RESERVATION, RESTRICTIONS AND EASEMENTS OF RECORD, AND TAXES FOR THE CURRENT YEAR. ALSO, AN UNDIVIDED 1/62"0 INTEREST IN THE LANDS, WHICH INTEREST SHALL HEREAFTER BE DEEMED AN APPURTENANCE TO SAID UNIT AND SHALL NOT BE SUBJECT TO PARTITION, OR CONVEYANCE SEPARATE FROM SAID UNIT. FOLIO NUMBER: 68890920002 Collier County, a political subdivision of the State of Florida, and the Collier County Water~Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of CoUier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water~Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER Agenda Item No. 16C2 May 22, 2007 Page 5 of 5 COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 16C3 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the county has received payment and said Liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have paid in full for the 1991 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign these two Satisfactions of Lien for the 1991 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. ~ Item Number: Item Summary: Meeting Date: Page 1 of] Agenda Item No. 16C3 May 22, 2007 f)age 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C3 Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Wasle residential accounts wherein the county has receivect payment an dsaid Liens 8rasalisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments Fiscal impact is $3000 to record the Satisfactions of Lien 5/22/20079 0000 tlM Date Prepared By PalT1 CalliS Public Utilities Revenue Supervisor uses 5111200710:4544AM Date Approved By Pam Callis Public Utilities Revenuesupervisof uses 5111200711:03AM Date Approvt'd By JohnA. Yonkosky Pubbc Utilities Utility Billing Director uscs 5/4/2oo73:20PM Date Approved By ThomllsWides Public Utilities Operations Director Public Utilities Operations 5/4/20074:17 PM 0". Approved By Jame!>W.DeLony Public Utililies Public Utilities Administrator Public Utilities Administratiorl 517120078:46AM Do<. Approved By OMS Coordinator COlmly Manager's Office Administrative Assi.,lant Office of Management & Budget 517f20071:34PM Date Approved By Randy Greenwald County Manager's Qffice ManagementlBudgetAnalyst Office of Management & Budget Slfl12007fl:34AM Date Approved By MichaelSmykowski County Manager's Office Management & Budget Director Office of Management & Budget 5/10/20079:JOAM Date Approl'ed By Teresa Riesen Publ;cUtilit,e., Revenue Milnager UBes S/10120079:J6AM Dilte Appnll'ed By JamesV. Mudd Board of County Conlrnissionnrs County Manager CDunty Manager's Oflice S110120079:38AM file.//(,.\Apenrl~Te~f\F'l(n()rt\Rl-M~v%?()?? %?()?()()7\ 1 (., o/;'?()('ONSFNT%7()Arn:;1\mt. \ J {., "IIMJnm Agenda Item No. 16C3 May 22, 2007 Page 3 of 5 RESOLUTION NO. 2007 - A RESOLUTION APPROVING SATISFACTION OF LIEN FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991: and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the deiinquent solid waste collection and disposal services special assessments for 1991: and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 63704 90256 This Resolution adopted this _ day of second and majority vote , 2007, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C3 May 22, 2007 Page 4 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 56404920002 SATISFACTION OF LIEN KNOW ALL MEN 8Y THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: WILLIAMS, LUCILE 425 JONES ST IMMOKALEE FL 339340000 The Lien was recorded on the 1" day of February 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE BLK 5 LOT 24 OR 119 PG 60 Folio No. Project No. Account No. 56404920002 60000 63704 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 May 22, 2007 Page 5 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (239) 774- 8400 Property Folio No. 66220760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: AREVALO, JULIA 406 WASHINGTON AVE IMMOKALEE FL 339340000 The Lien was recorded on the 1" day of February 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PEARCE SUBD BLK 2 LOT 13 OR 1251 PG 2279 Folio No. Project No. Account No. 66220760009 60000 90256 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Coliier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 May 22, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. ..- CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 19, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 22, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the four accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $50.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the four Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign these four Satisfactions of Lien for the 1992 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. ..- Item Number: Item Summary: Meeting Date: Page 1 ofl Agenda Item No.1 6C4 MOlY 22,2007 Pdge2of7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C4 Recommendation to adopt a Resolution 10 approve the Satisfactions 01 Lien for Solid Waste residential aCCQunts wr,erem the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments Fiscal impact is SSO,QU to record 'he Satisfactions of Lien 5122./20079:0000AM Date Prepared By Pam Callis PublicUtill!les Revenue Supervisor uses 5/1/200710:46:33AM Date Approved By Pam Callis Public Utilities RevenueSupefVisor U8CS 511/200711:05 AM DElta Approved By JohnA.Yonkosky Public Utilities Ulility BlIIing Director UBCS 514/20073,20PM DaUI Approved By ThomasWides Publie Utilities OparationsDirector Public Utilities Operations SI4/2007417PM Date Approved By JamesWDeLony Public Utilities Public Utilltias Adl11inistrator Public Utilities Administration 5/7120078:47 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 5/7/20071:35 PM Date ApprllvedBy Randy Greenwald Count~' Manager's Office Management/Budget Analyst Office of Management & 8udget S/9120019A4AM Michael Smykowski Date ApprllvedBy County Manager's Offiee Management & Budget Director Office of Management & Budget 5110120079:33AM Apprlll'ed By Teresa Riesen Public UtilitIes Revenue Manager Date uses 5/10/20079:36 AM Date ApprOl'ed By JamesV. Mudd Board of County Commissioners County Manager County Manager's Office 5110i20076:35PM file'IIC-\Apenci~Te"t\Fxnnrt\Ri-Mln.r%?m? %?O?nn7\ 1 (., %?nrnNs.FNT%?OA(~FNnA \ 1 (., ,\!1(.,nnr17 RESOLUTION NO. 2007 . Agenda Item No. 16C4 May 22, 2007 Page 3 of 7 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertainin9 to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 65304 124355 131652 143653 This Resolution adopted this ~ day of second and majority vote. , 2007, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C4 May 22, 2007 Page 4 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 37749800000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: HUMPHRIES, SCOTT R=& TARA L 691 22NO AVE NAPLES, FL 339640000 The Lien was recorded on the 220d day of September 1994, in Official Record Book 1986. Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obiigations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 23 E 165FT OF TR 122 OR 1100 PG 2047 Folio No. PROJECT NO. Account No. 37749800000 61000 65304 Collier County, a poiitical subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSiONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 May 22, 2007 Page 5 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 63500880000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: WALLACE, REBECCA Z 4000 14TH ST N NAPLES, FL 339400000 The Lien was recorded on the 220' day of September 1994, in Official Record Book 1986, Pages 766 throu9h 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES VILLAS BLK B N 90FT LOTS 15 + 16 OR 1947 PG 677 Folio No. PROJECT NO. Account No. 63500880000 61000 124355 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 May 22, 2007 Page 6 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 66220760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: AREVALO, JULIA 406 WASHINGTON AVE IMMOKALEE FL 339340000 The Lien was recorded on the 22" day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PEARCE SUBD BLK 2 LOT 13 Folio No. PROJECT NO. Account No. 66220760009 61000 131652 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WiTNESS WHEREOF, the Board of County Commissioners of Collier County, Fiorida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 May 22, 2007 Page 7 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Napies, Florida 34112 (239) 774- 8400 Property Folio No. 74030640000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: JOHNSON, MARY 1764 AQUARIUS CT FT MYERS, FL 339160000 The Lien was recorded on the 22M day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: S IMMOKALEE HGTS BLK 1 LOT 20 OR 1148 PG 2137 Folio No. PROJECT NO. Account No. 74030640000 61000 143653 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 May 22, 2007 Page 1 of 8 c~ EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $60.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessments. ~ CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the five accounts that have been paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $60.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items, RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the five Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the five Satisfactions of Lien for the 1993 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. -- Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. HieS May 22,2007 PClge2of8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C5 RecommendatIOn to adopt a Resolution to tpprove the Satisfactions of lien for Solid Waste reSidential accounts wherein the County ha~ received payment and said Liens are salisfled in full tor the 1993 Solid Waste Collectloll and Disposal Services Special Assessments Fiscal impaclis $60 00 to record the Satisfaclions of Lien S/2212007 9.00:00,~,M Date Prepared By P"m Callis Public Utilities Revenue Supervisor uscs 5111200710:49:48AM Pam Callis Date Approved By Public Utilities Rev"'l1ueSupervisor uses 5/11200711:11 AM Approved By John A. Yonkosky PublicUlilili", Utilily Billing Director Dale UBCS 5/4120073:21 PM DM. AppmvedBy ThomasWides Public UlilitiOO!s Operations Director Public Utililies Operations 514120074:07 PM Date ApprovcdBy JamasWDeLony PUbhc Utilities Public Utlhties Administrator Public Utilities Administration 5f7120D7S,4SAM Date Approved By OMBCoordinator County Manager'f,Office Administrative Assistllnl Office of Mllllll.gemenl& Budget 'S17/20071:36PM Randy Greel1wJld Oute Approved By CCllmty Manager's Office M<1nagemenllBudgetAnalyst Office of Management & Budget 'S19120D79:52AM Appro\'ed By Michael Smykowski CQuntl'r,hnager'sOffice Management & Budget Director Date Office of Management & Budget 5110/20079:35 AM Date Approvcd By Teresa R,esen Public Utilit,es Revenue Manager UBes 511()i2DD79:36AM Date ApprondBy JllmesV. Mudd Board of County Commissioners County Manager County Manager's Office 5110120075:52 PM file://C:\AgendaTest\Export\83-Mav%2022,%202007\ 16.%20CONSENT%20AGENDA \ 16.. 5/16/2007 RESOLUTION NO. 2007- Agenda Item No. 16C5 May 22, 2007 Page 3 of 8 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the followin9 accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertainin9 to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 68 13453 25946 2930 24675 This Resolution adopted this _ day of second and majority vote. , 2007, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN Approved as to form and le9al sufficiency: David C. Weigel County Attorney Agenda Item No. 16C5 May 22, 2007 Page 4 of 8 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Napies, Florida 34112 (239) 774-8400 Property Folio No. 00057200002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: MANZANO, JUAN R JESUSA SALAZAR MANZANO 4907 MERHAM DR IMMOKALEE, FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 36 46 28 E 300FT OF W 500FT OF N 150FT OF S 300FT OF S 1 /2 OF NW1/4 OF SE1/4 OR 1165 PG 122 Folio No. Project No. Account No. 0057200002 63000 68 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: OWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 May 22, 2007 Page 5 of 8 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 00338920001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: PADILLA, JOSE=& MARIA 5320 GILLCREST ST NAPLES, FL 339620000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 31 4927 E1/2 OF NW1/4 OF SW114 OF NE114 5AC OR 1468 PG 2292 Folio No. Project No. Account No. 00338920001 63000 2930 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 May 22, 2007 Page 6 of 8 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Traii Naples, Florida 34112 (239) 774-8400 Property Folio No. 37749800000 SATISFACTION OF LIEN KNOW All MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COlliER COUNTY, FLORIDA was the owner and holder of a certain Lien against: HUMPHRIES, SCOTI R=& TARA L 691 22NO AVE NAPLES, FL 339640000 The Lien was recorded on the 22nd day of September 1994, in Officiai Record Book 1987, Pages 1514 through 1749, in the Office of the Cierk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 23 E 165FT OF TR 122 OR 1100 PG 2047 Folio No. Project No. Account No. 37749800000 63000 13453 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLliER COUNTY, FLORIDA By: JAMES COlETIA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 May 22,2007 Page 7 of 8 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 63500880000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARO OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against WALLACE, REBECCA Z 400014'" ST N NAPLES, FL 339400000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, In the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES VILLAS BLK B N 90FT LOTS 15 + 16 OR 1947 PG 677 Folio No. Project No. Account No. 63500880000 63000 24675 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 May 22, 2007 Page 8 of 8 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 66220760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: AREVALO, JULIA 406 WASHINGTON AVE IMMOKALEE FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PEARCE SUBD BLK 2 LOT 13 OR 1251 PG 2279 Folio No. Project No. Account No. 66220760009 63000 25946 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C6 May 22, 2007 Page 1 of 7 ~ EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. - CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22,1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the four accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $50.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That Board of County Commissioners adopts the attached Resolution approving the four Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the four Satisfactions of Lien for the 1994 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. ~ Item Number: Item Summary: Meeting Date: Page lof1 Agenda Item No. 16C6 May 22, 2007 Page2of7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C6 Recommendation to adopt a ResolutIOn to approve the Satisfactions of Lien for Solid 'Naste residential accounts wherein thl" County has received payment a nd said liens are satisfied in ful' tor the 1994 Solid Waste Collection and Disposal Services Special Assessments Fiscal impact is $50.DO to record lhe Salisfactions of Lien 5/221200780000AM Date Prepared By Pam Caltis Public Utilities Revenue Supervisor USCS 5/1I200710:50:59AM Date Approved By Pam Callis Public Utilities Revenul> Supervisor USCS S1l1200711:t2AM Date Approved By JahnA. Yonkosky PublicUl,lities Utility Billing Director USCS 514/20073:21 PM Operations Director Date Approved By ThomasWides Public Utilities Public Utilities Operations 5/4/20074:06 PM Public Utilitil's A<lmirli~tratQr D,~ Approved By JamesW.DeLony Public Wilitles PubliG Utilities Adminis.tration 517/20078:46AM Date Approved By OI~B Coordinator County Manager's Office AdministralivcAssistanl Office of Manl,gemenl & 8udget S17i20071:37PM Randy Greenwald Managem'mt/Bud>)etAnalyst Date Approved By County Manager's Office Off,c<, of Manag<,ment & Budget SIS!2007\l:56AM Approved By Michael Smykol'iski County Managef's Office Mandg'l,mmt & Budget Director Date Qfficccfr.1andgeommt&Budget 5!10120079:25AM RevcnueM;:wager Date Approved By Teresa Riesen Public Utilities UECS 5'10:.20079:37 AM COllllly Manager Date Appro\'ed By JamesV. Mudd Board of County Commis~ioners County Manager's Qffice 5"10,'20Q77:32PM file://r-\Ap~nd:;tT~<:t\Fxnnrt\1n.M:;tv%')()J? %?()J()()7\ 1 h %?()('ONSPNTO/,,?OAGFNnA \ 1 f.. -<;11 (,./')()()7 Agenda Item No. 16C6 May 22, 2007 Page 3 of 7 RESOLUTION NO. 2007-_ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 2309 12098 23171 24413 This Resolution adopted this _day of second and majority vote. , 2007, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C6 May 22, 2007 Page 4 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Fiorida 34112 (239) 774-8400 Property Folio No: 00338920001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: PADILLA, JOSE=& MARIA 5320 GILLCREST ST NAPLES, FL 339620000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Fiorida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), pius accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 31 4927 E1/2 OF NW1/4 OF SW1/4 OF NE1/4 5AC OR 1468 PG 2292 Folio No. Project No. Account No. 00338920001 64000 2309 Collier County, a political subdivision acknowledges receipt of payment in full cancels Lien. of the State of Florida, hereby satisfaction of the Lien and hereby 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, Fiorida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C6 May 22, 2007 Page 5 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 37749800000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: HUMPHRIES, SCOTT R=& TARA L 691 22ND AVE NAPLES, FL 339640000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 23 E 165FT OF TR 122 OR 1100 PG 2047 Folio No. Project No. Account No. 37749800000 64000 12098 Collier County, a political subdivision acknowledges receipt of payment in full cancels Lien. of the State of Florida, hereby satisfaction of the Lien and hereby The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel Cou nty Attorney Agenda Item No. 16C6 May 22, 2007 Page 6 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 63500880000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: WALLACE, REBECCA Z 4000 14TH ST N NAPLES, FL 339400000 The Lien was recorded on the 14'h day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES VILLAS BLK B N 90FT LOTS 15 + 16 OR 1947 PG 677 Folio No. Project No. Account No. 63500880000 64000 23171 Collier County, a political subdivision acknowledges receipt of payment in full cancels Lien. of the State of Florida, hereby satisfaction of the Lien and hereby The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C6 May 22, 2007 Page 7 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 66220760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: AREVALO, JULIA 406 WASHINGTON AVE IMMOKALEE FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, The Lien secures the principal sum of One Hundred Six Dollars And Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Fiorida, described as follows: PEARCE SUBO BLK 2 LOT 13 OR 1251 PG 2279 Folio No. Project No. Account No. 66220760009 64000 24413 Collier County, a political subdivision acknowledges receipt of payment in full cancels Lien. of the State of Florida, hereby satisfaction of the Lien and hereby The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C7 May 22, 2007 Page 1 of 10 .~ EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $80.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. ~ Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the seven accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $80.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That Board of County Commissioners adopts the attached Resolution approving the seven Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the seven Satisfactions of Lien for the 1995 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. ~ Item Number: Item Summary: Meeting Date: Page 1 of I Agenda Item No, 16C7 May 22, 2U07 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C7 Recommendation to adopt a Resolution to approve the Satisfactions of lien for Solid Waste reSidential accounts wherein tha County has recaived paymen1 and snid L,lenS8re satisfied in fuli lor the 1995 Solid W3ste Collection and Disposal Services Special Assessments Fiscal impact is SSO,OOto record the Satisfactions of Lien 5/2~'J2J07 (I:OCOOAM RellenueSupervisor Ollte Prepared By Pam Callis PubliC Utili1ies uscs 5111.200710:52:49AM RevenueSuparvisor Date Approved By Pam Callis PublicUtiliti..,s USGS 5/11200711:15 AM Utility Billing Dire~tDr Date Approved By JohnA. Yonkosky Public Utilities U8CS 5/4120073:22PM Operations Director D,,. Approved By ThomasWides Public Utilities PublicUtllitiosOfleration$ 5/4I2oo73:53PM Pubtic Utitities Administrator Date Approved By JamesW.DeLony PutllicUtilities Pubhc Utiiities Administration 51712007B:49AM Administrativl< A~~i5tant Date Approved By OMS Coordinator County Man"ger's Office Ofhcr, of Man<lgnmenl & Budget 517120071:3BPM R;:lfIdy Gre('[]wald ManagementlBudgetAnaiyst Onte Approved By C"unty ~\anager's Office Office 0; r,lan~gement & Budget 5181200710:01 AM Approved By Teresa Riesen Public Utilities RevellueManager Date UE,-S 5110120078:37 AM Michael SmykQwski M anagclTlent & Budget Director Date Approvl'd By COllntyManager's Office CWce of Managemenl & Budget 5!1O!2Cl079:39AM Approved By JamesV.Mudd Board of County Commissioners County Manager Dale COllnly Manager's Office 511C/20077:43PM file://C:\AuendaTest\ExDort\83- Mavo/02022_%202007\ 16. %20CONSFNT%20A(JFNDA \ 1 n 'i/lfin007 RESOLUTION NO. 2007- Agenda Item No. 16C7 May 22, 2007 Page 3 of 10 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on AU9ust 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 2642 12658 14708 25771 5432 14151 24468 This Resolution adopted this _day of second and majority vote. , 2007, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C7 May 22, 2007 Page 4 of 10 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 00338920001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: PADILLA, JOSE=& MARIA 1922 EVERLY AVE SW NAPLES, FL 341171143 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 31 4927 E1/2 OF NW1/4 OF SW1I4 OF NE1/4 5AC Folio No. Project No. Account No. 00338920001 65000 2642 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowiedge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigei County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 26735240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORiDA was the owner and holder of a certain Lien against: HOFMANN, C RICHARD 2616 CLIPPER WAY NAPLES, FL 341043324 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations a9ainst real property situated in Collier County, Florida, described as follows: COCONUT RIVER UNIT 1 PAR NO 125 DESC AS FOLL, COMM NE CNR SEe 35, S 540FT, W 1414.18FTTO POB, S 120.26FT, E 87.50FT, N 120.21 FT, W Folio No. Project No. Account No. 26735240009 65000 5432 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C7 May 22, 2007 Page 5 of 10 Agenda Item No. 16C7 May 22, 2007 Page 6 of 10 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 37749800000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: HUMPHRIES, SCOTT R=& TARA L 691 22"0 AVE NE NAPLES, FL 341202332 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued Interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 23 E 165FT OF TR 122 OR 1100 PG 2047 Folio No. Project No. Account No. 37749800000 65000 12658 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C7 May 22, 2007 Page 7 of 10 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 38398560004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: HAMTON, W J=& SHEILA B 4930 12TH AVE SW Naples, FL 341165004 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Five Dollars and Seventy Eight Cents ($205.78), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 34 W 150FT OF TR 109 OR 1480 PG 259 Folio No. Project No. Account No. 38398560004 65000 14151 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C7 May 22, 2007 Page 8 of 10 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Foiio No. 39326960002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien a9ainst: PIERRE, PHILLIP L 5416 HEMINGWAY CIR #3001 NAPLES, FL 341160000 The Lien was recorded on the 8th day of AU9ust 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 50 N 75FT OF 150FT OF TR 67 OR 1848 PG 994 Foiio No. Project No. Account No. 39326960002 65000 14708 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Coliier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 63500880000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: WALLACE, REBECCAZ 4000 14TH ST N NAPLES, FL 341032315 The Lien was recorded on the 8" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES VILLAS BLK B N 90FT LOTS 15 + 16 OR 1947 PG 677 Folio No. Project No. Account No. 63500880000 65000 24468 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C7 May 22,2007 Page 9 of 10 Agenda Item No. 16C7 May 22, 2007 Page 10 of 10 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 66220760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: AREVALO, JULIA 406 WASHINGTON AVE IMMOKALEE FL 341423136 The Lien was recorded on the 8" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PEARCE SUBD BLK 2 LOT 13 Folio No. Project No. Account No. 66220760009 65000 25771 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Aqenda Item No. 16C8 , May 22, 2007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 1, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the eight accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $90.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the eight Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the eight Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. ~ Item Number: Item Summary: Meeting Date: Page 1 of I Agenda Item No. 16C8 Ivlay 22. 20tH Paqe 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C8 F,ecommendatlOn Ie acJopt a r~esoilJtlan to approve \l1e SatislactlOnsol LlentOI Solid Waste residential ZlccountswrlereLllHw County has received payment and said ,..ens are Sillislled In 1,,11 lor the 1996 Solid Waste CoiiectlOll and Disposal Services Soeclai p.ssessments Fiscal impllcl 's $,1000 10 record the Satlslact'O'ls oll.len 5!22120c-79.00.00A!.!: Date Prepared By Pam Catlis Public Utihties ReV"flueSupervisor uscs ~11/2007 10:55:57 AM Revenue Supervisor Date Approved By Pam Calli& PublicUtilitICs uscs 511i200711:16AM Operations Director Dale Approved By Th"masWides Public Utilitie& Pubhc L1tilitiesOperations 5/4/20073:16PM Date Approved Hy John A YonKosky PubliC Utilities Utility Billirlg Director USCS 5/4/20073:22PM Public Utilities Adminislrator Date Allproved By JamesW,DeLony Public Utilities Public Utiiities Admirllstratiorl 5/7120079:33AM Administrative Ast.istanl Date Approved By OMBCoordinalor County Manager's Office Office of Management & Budgel 5/7120071;39PM Date Approved By R,mdyGreenwald County Manager's Offic" MaMgementIBudgetAnalyst Office of Management & Budget 5/9/200710:07 AM Revenue Manager Date Approved By leresaRiesen PublicUtililies USGS 5110:20079:37 AM Michael Smykuwski Management & Budget Director Date Approved By County Manager'~ Office OHlc\! of Managemerlt & Bud!!et 51101200710:01AM Approved By James V, Mudd Board of County Commissiorlers COUrlty Manager Date Counly M:lnZlger's Office 5111120078:44AM fiJe:IIC:\AgendaTest\ExDort\83- Mav%2022. %202007\ J 6. %20CONSEN"fO/020AGENDA \ 16.. 51 J 612007 RESOLUTION NO. 2007- Agenda Item No. 16C8 May 22. 2007 Page 3 of 12 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 2639 5678 14025 27012 3146 5791 15684 28286 This Resolution adopted after this _day of majority vote. , 2007 after motion, see:ond and ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C8 May 22, 2007 Page 4 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 00338920001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: PADilLA, JOSE=& MARIA 1922 EVERLY AVE SW NAPLES FL 341171143 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida: described as follows: 314927 E1/2 OF NW1/4 OF SW1/4 OF NE1/4 5AC Folio No. Project No. Account No. 00338920001 66000 2639 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C8 May 22, 2007 Page 5 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 00739880009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against HERNANDEZ, EMILO A=& MARIA E 107 ANDREA LN NAPLES, FL 341148401 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Fiorida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 125126 COM SE CNR, S 335.26FT, N 54 DEG W 1672.10FT, N 1181.53FT TO POB, N89 DEG W111.94FT. N 135FT, S89 DEG E111.13FT, Foiio No. Project No. Account No. 00739880009 66000 3146 Coliier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C8 May 22, 2007 Page 6 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (239) 774-B400 Property Folio No: 26735240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: HOFMANN, C RICHARD 2616 CLIPPER WAY NAPLES FL 341043324 The Lien was recorded on the BTH day of August 2000, in Official Record Book 270B, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties. if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COCONUT RIVER UNIT 1 PAR NO 125 DESC AS FOLL, COMM NE CNR SEC 35, S 540FT, W 1414.1BFT TO POB, S 120.26FT, E 87.50FT, N 120.21 FT, W Folio No. Project No. Account No. 26735240009 66000 567B Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency Aaenda Item No. 16C8 - May 22, 2007 Page 7 of 12 David C. Weigel County Attorney Agenda Item No. 16C8 May 22, 2007 Page 8 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 77163440006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: CADE, PEDRO=& ROMONA 1903 LEED AVE IMMOKALEE, FL 341422129 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy Nine Dollars and Ninety Six Cents ($79.96) plus accrued interest and penalties, if any, and Imposes certain obligations against real property situated In Collier County, Florida, described as follows: TRAFFORD PINE EST SEC I BLK 7 LOT 2 OR 641 PG 1549 Folio No. Project No. Account No. 77163440006 66001 5791 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16CB May 22, 2007 Page 9 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 37749800000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: HUMPHRIES, SCOTT R=& TARA L 691 22"0 AVE NE NAPLES, FL 341202332 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and 'penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 23 E 165FT OF TR 122 OR 1100 PG 2047 Folio No. Project No. Account No. 37749800000 66000 14025 Collier County, a political subdivision of the State of Florida, hereby acknowiedges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C8 May 22. 2007 Page 10 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 38398560004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien a9ainst: HAMTON, W J=& SHEILA B 4930 12TH AVE SW NAPLES, FL 341165004 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 34 W 150FT OF TR 109 OR 1480 PG 259 Folio No. Project No. Account No. 38398560004 66000 15684 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C8 May 22, 2007 Page 11 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 63500880000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: WALLACE, REBECCA Z 4000 14TH ST N NAPLES, FL 341032315 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES VILLAS BLK B N 90FT LOTS 15 + 16 OR 1947 PG 677 Folio No. Project No. Account No. 63500880000 66000 27012 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C8 May 22, 2007 Page 12 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Fiorida 34112 (239) 774-8400 Property Folio No: 66220760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: AREVALO, JULIA 406 WASHINGTON AVE IMMOKALEE FL 341423136 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PEARCE SUBD BLK 2 LOT 13 Folio No. Project No. Account No. 66220760009 66000 28286 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C9 May 22, 2007 Page 1 of 3 ~ EXECUTIVE SUMMARY Recommendation to reaffirm the use of AshBritt Environmental Inc. (contract 05-3661) and Solid Resources Inc. (Contract 05-3831) as the initial Debris recovery team for Collier County's 2007 hurricane season debris removal and monitoring contractors for operational readiness. OBJECTIVE: To request Board approval to use AshBritt Environmental Inc. (05-3661) and Solid Resources Inc. (Contract 05-3831) for debris removal and monitoring services for the 2007 Hurricane Season for operational readiness. CONSIDERATION: The Public Utilities Division, Solid Waste Management Department is responsible for the removal of all FEMA reimbursable hurricane debris located in the right-of-ways throughout Collier County. To plan for prompt and effective recovery after a hurricane. while providing the maximum reimbursement from FEMA, County staff is recommending the use of AshBritt Environmental Inc, and Solid Resources Inc. These are two tested and successful contractors, who will manage and handle debris recovery efforts for the 2007 Hurricane Season. ~ Staff recommends using these two contractors again, as allowed under their respective contracts, to best prepare Collier County with experienced and prepared contractors for the County's Disaster needs. Contract 05-3661 with AshBritt was approved on 06/14/2005, Agenda Item ] 6C7 and Contract 05-3831 with Solid Resources, Inc. was approved on 06/28/2005, Agenda Item 16C 18. Each of these Board approved contracts is for a four (4) year period with two (2) additional one year renewals. The two firms are to provide post disaster equipment and human resources adequate to assist County Staff in monitoring and documenting the cost incurred to remove and dispose of disaster generated debris in full compliance with FEMA rules and regulations. This will assist the County to qualify for maximum reimbursement of Federal and State Emergency Funds. Both contractors were used during the Hurricane Wilma debris clean up and their performance exceeded expectations. Pursuant to this recommendation. staff requests authorization to activate these firms via a purchase order in anticipation of an emergency declaration so as to ensure their availability and timely mobilization. Further, staff reserves the right to activate and order services from other firms under both of the respective contractors for debris removal and/or other services set forth in the respective agreements on an as needed basis. The Solid Waste Management Department is being proactive in pre-selecting vendors under contract, updating hurricane debris removal plans, and establishing hurricane debris sites that best serve Collier County communities. The approval of this selection prior to a storm event will benefit the County for the following reasons: --- .:. Pre-selected vendors, on-call, and on-contract with Collier County to provide effective disaster recovery services will enhance post storm response time to start debris clean-up. 2007 Hurricane Debris Contractors Page 2 of 2 Agenda Item No. 16C9 May 22, 2007 Page 2 of 3 .:. Utilize tried and tested high performing contractors who specialize in debris recovery service and monitoring services. .:. Vendors have recent and successful experience and an established geographical understanding of Collier County post Hurricane Wilma. .:. The Vendors worked effectively with FEMA representatives in an effort to operate within the FEMA guidelines to optimize reimbursement eligibility after Hurricane Wilma. FISCAL IMPACT: The financial extent of this impact is dependent on the number and severity of disastrous events and costs recovered from Federal and State Emergency funds. GROWTH MANAGEMENT IMPACT: These Contracts and the activities anticipated to be tasked under them will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners reaffirm the use of the AshBritt Environmental Inc. and Solid Resources Inc. as primary sources for debris removal services and debris monitoring services respectively, for the 2007 Hurricane Season for operational readiness. PREPARED BY: Daniel R. Rodriguez, M.B.A., CFM, Director, Solid Waste Management Department. Item Number; Item$ummllry; Meeting Date; Page 1 or 1 Agenda Itnrn No. 1CiC9 Mav 22, 2007 Page 3 of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1CC9 Recomn>cndation to r<laftlrm the use of !',shtlrilt EIlVlr::>mncnt31 Ire ICrmtract OS-3GB1_) and Solid Resource lnG, iContract 0,),31331, 8S tile County's ZOO, Hurr:canP Season (Jebns removal d'1d l11onl!Or;1l9 conira(~torsioropHatlonal fE'ildlneSs 5122,':0078 00 OO"M SolidINasteDlrector Dale Approved B}' Daniel R Rodnguez, M.B,A PublicUtilille5 Solid Waste 5141200712:09 PM Project Manager Date Approved Ry ,Ion Ogle Community Redevelopment Agency Bayshore-Gatewa'1 Redevelopment 5141200712;26 PM AppruvedB}' Operations Supervisor Date Joseptl Bellone Public Utilities PUblic Utilities Opcrat,ons 5/4/10071:ll4PM Bureau of Emergency Services Director Date Approved Uy DanE_Summers County Manager's Office Bureau of Emergency Services :'/4120072:18 PM Contract Specialist Dllte Approved By DiannllPerrymlln Administrati~eServices PurchaSing 514/2007223PM Operations Director Date Approved 8y ThomasWides PulllicUtilltles PutJhc Utilities Operations :./6120071:53PM PurchasHlgiGeneral SvcsD'rector Date Approved By Steve Carnell Administrative Services Purchasing 5!712007740AM PUblicUtililies Administrator Date Approved By JamesW,DeLony PubliC Utilities PutJlic Utilities Adrllllllsiration 5/7/20079A7AM Administrative Assistant Dale Approved By OMBCoordinator County Manager'sOftlee Oflic" of Management & Budget sn/20071:46PM Management/Budget Analyst Date Approved By Randy Greenwald County Manager's Off;ce Office of Management Il. Budget 519120079A6AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Qrfice of Management Il. Bud(let 5/10/20079:28 AM Approved By Jarnt'sV, Mudd BoardofCouniy Commissioners County Manager Dilte County Manager'sOftlce 5/11120078:57 AM filc://C:\AgcndaTcst\Export\83-Mav%2022. %202007\ 16. %20CONSENT%20AGENDA \ 16.. 5/1612007 Agenda Item No. 16C10 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the water distribution system serving the Dalton and Cypress Mobile Home Parks on Auto Ranch Road at a recording cost not to exceed $1,000, Pro.iect 710101. OBJECTIVE: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (CCWSD), accept Rights of Entry from property owners within the Dalton and Cypress Mobile Home Parks on Auto Ranch Road (Parks) permitting the CCWSD to construct infrastructure improvements. The public purpose is to replace and rehabilitate the substandard water distribution system serving the Parks. CONSIDERATIONS: The water distribution system serving the Parks was constructed privately and established prior to 1985, and now requires replacement and rehabilitation in order to comply with the CCWSD's Utility Standards. To satisfy this requirement, water service lines and meters need to be replaced and re-routed to serve the 36 lots within the Parks. To provide the CCWSD with the right to enter upon each lot for these purposes, Rights of Entry, in the form attached hereto, are to be secured from each lot owner by donation. Prior to recording in the public records, each Right of Entry will be reviewed and approved by the County Attorney's Office as to form and legal sufficiency. A Location Map depicting the Parks is attached. FISCAL IMPACT: The total cost will not exceed $1,000 for recording the Rights of Entry. Funds in the amount of$I,OOO are available in the FY 07 budget tor this action in Project 71010]. The FY 07 budget was approved by the Board of County Commissioners on September 21, 2006. Source of funds is Water User Fees. GROWTH MANAGEMENT: Projects funded with User Fees (4]2) have no impact on the Growth Management Plan. RECOMMENDATION: That the CCWSD: I. Approve and accept the Rights of Entry; and 2. Direct the County Manager or his designee to record the Rights of Entry in the Public Records of Collier County, Florida. PREPARED BY: Hans Russell, Sr. Property Acquisition Specialist Real Estate Services/Facilities Management Department ,.....- Item Number: ltemSummary: Meeting Date: Page I of 1 Aqenda Item Nu, 1GC1O - Ma)' 22, ZDO? Pa~lt! 2 of 5 COLLIER COUNTY eOARD OF COUNTY COMMISSIONERS 15C10 Recommendation 10 accept Rights of EcntfY required for the replacemel1t and renabiiitatlol1 01 the water dlslnbuhon system serving Hle Dalton and Cypress Mobile Home ParkS on Auto Raflc~l Road at a recording cost not to e:>:ceec ~ 1 ,000 r~roj8ct 710101 5/221200780000AM Senior ,'roperty Acquisition Speclalisl Date Prepared By Ham, RU5sell AdmlnistrabveServices Facilit>(;sMal1agement 4i2&/20017:47;52AM Facililies Milnagement Director D<lt., Approved By SkipCllmp, c.F,M. Administrative Services Facilities Managemenl 4/2S!20078:26 AM Approved By Water Operations Manager bate Pllmela Libby Public Utilities Water 4/26120079:07 AM Toni A, Mott Real Property Supervisor D~te Approved By Administrative Services r~cilities Manilgement 4126/200710:56 AM Approved By Paul Mattau$ch PublicUtilitlelS Water Director Date Water 412S!20074:21 PM Ollerations Director Oat>'> Appruvtd By ThomasWides Public Utilities PublicUtilitlesOperiltions 5/4120073:32 PM Public Utitit;es Admlfllstrator Date Approved By J~mesW, DeLony Public UtilitiaS Public Utilities Administriltioo 517120078:45 AM Administrat;veAss;stilot Date Approved By OMBCoordinator County Mlloager'sOffice Office of Managemenl8 Budget 5/7/20071;30PM Susan Usher Sen'or Management/Budget Analyst Date Approved By County ManllQ(!r's Office Office of Management & Budget 5110120074:47 PM Michael Smykowski r,,'anagcrlIcnt& Budge\ Director Date Approved By County Manager'sOffiee Office of Management & Budget 5110120[)'77:13PM Approved By JamesV. Mudd Boarct of County Commissioners County Manager Date County Man~ger's Oftice 5/11/200'72:29 PM file:/ /C: \AgendaT est\Export\83-May%2022, %202007\ 16. %J:OCONSENT%20AGENDA \ 16.. 5/1612007 DRAFT {I,aenda Item No. 16C10 ~ May 22, 2007 Page 3 of 5 Auto Ranch Road Parcel No. Folio No. RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that [Name(s) of Grantor], whose mailing address is [ADDRESS], hereinafter known as "Grantor," for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid, does hereby grant unto the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its agents, contractors or assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter known as "Grantee," the temporary license and right to enter upon the lands of the Grantor to excavate and place or remove materials, including, but not limited to, water lines and pipes, and other equipment, utilities or improvements appurtenant thereto for the purpose of constructing, replacing. rehabilitating and testing utility facilities on the following described property: See attached Exhibit "A" which is incorporated herein by reference ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for two (2) years from date accepted by the Board of County Commissioners. ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the aforementioned lands, and agrees to provide Grantor with advance notice when exercising its rights hereunder. At the conclusion of construction, replacement and testing activities, Grantee shall restore the surface of the lands to the condition existing prior to the commencement of construction, replacement and testing. By execution of this instrument, Grantor agrees that any and all utility infrastructure constructed to provide water service to the property described herein from the point of connection to the water meter shall become the property of Grantor, and all future maintenance and repair will be the responsibility of Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this day of , 2007. [Insert Appropriate Standard Execution Blocks] Auto Ranch Road Parcel No. Folio No. EXHIBIT "A" [Insert complete legal description specific to property of Grantor] ~ Agenda Item No. 16C10 May 22, 2007 Page 4 of 5 LOCATION MAP Agenda Item No. 16C10 May 22, 2007 Page 5 of 5 CYPRESS: MOBILE HOME PARK' DALTON' MOBILE " HOME PARK Agenda Item No. 16D1 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, aud authorizes the County Manager to sign, a lien agreement with Ethel D. Warren (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 100 Independence Phase II, Immokalee. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the County Manager to sign, the attached lien agreement with Ethel D. Warren 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 Ethel D. Warren, which application, after staff review, was determined to qualifY for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Habitat for Hwnanity Independence Phase II Subdivision in Immokalee. A large number of these units participate in this deferral program. - The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, that these agreements be placed on the Consent Agenda for the Board's review and approval. Since this Agreement was prepared for signature by the County Manager, and was previously signed before witnesses and a notary by the Applicant, to prevent duplication of effort this Executive Summary requests that the Board, if it approves the Agreement, authorize the County Manager to sign the Agreement. FISCAL IMPACT: This agreement defers $8,166.25 in impact fees, Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guaranty as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. - STAFF RECOMMENDATION: That the Board approves and authorizes the County Manager to sign the attached Lien Agreement for Deferral of ] 00% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units with Ethel D. Warren for property located in on Lot 100, Independence Phase II. PREPARED BY: Marcy Krumbine, Director, Housing and Human Services Returllto Agenda Item No. 1601 May 22. 2007 Page 2 of 5 Lllllnn.Bcllrd Collier County OSH 2800 N. HOfliesboe Dri\le l"aples.FL34104 File# 07-034-IF This space for recordillg LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this .L4... day of January, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Ethel D. Warren (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 contlict 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 tenn 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 oftlle 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 Ei2ht Thousand. One Hundred Sixtv-Six dollars and 251100 ($8,166.25). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed ru;enty~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 tenninate 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 nul 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 1 of2 Aqenda Item No. 16D1 or bring a civil action to enforce this Ab'Teemcnt, or declare that the deferred impact~ fees areMay 22, 2007 Page 3 of 5 then in default and immediately due and payable. The COUNTY shall be entitled to recover 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. 111is Ab'Teement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the O\VNER's successors and assib'l1S in interest. 9. This Agreement shall be recorded in the otIlcial records of the County at no cost to the COUNTY. IN \VITNESS "'!HEREOF. the Panics have executed this Agreement on the date and year first above written. /1 Wimesses: I " ~ - I; Print lame I/IJ ,rl ; "- r \ . ( .~~ OWNER: L\J,-\~~ Ethel D. Warren \ k.. 'I (L Gli-IL /-\ I i Witnesses: {\\o.c:t-k c, ,OJLUo.A_""lo Print Name ("'(,,-Itoc. -!\ \ \lIHC~ STATE OF FLORIDA COUNTY OF COLLIER 1 The foregoing Agreement was acknowledged before me this ~ day of January, 2007, by Ethel D. Warren, who is personally known to me oL--.produced as identification ~- / r-" '( l '/ . [NOTARIAL SEAL] /.\2-~? lei J~/,t(;tl..;1'\ CA-- (Sibrkture ofNatary Puolic) 'J ,'" ~ . 067/ 'CQ ')('1.:'-' (Print ame of Notary Public) Commission Number: My Commission Expires: COLLIER COUNTY. FLORIDA By: JAMES V. MUDD. COUNTY MANAGER ST ATE OF FLORIDA COUNTY OF COLLIER The foregoing Ab'Teernent was acknowledged before me this _ day of January, 2007, by James V. Mudd, County Manager, on behalf of the COUNTY, who is personally knoVo/ll to me. [NOTARIAL SEAL] (Signature of Notary Public) .'" lAUREH J.IEARD ----..- " . ___Ool.., ~'IlD_ -..- - 1110rm ani--- . 1_____ I~ , L_c~,,-\;-+",", '" fJ,pr _r~ (Print Name ofNatary Public) Commission Number: My Commission Expires: R commend approval: Denton Baker, Director of Operational Support & Housing Page 2 of2 EXHIBIT "A" Agenda Item No. 16D1 , May 22, 2007 Page 4 of 5 LEGAL DESCRIPTION Lot 100, lndependenccl Phase II, according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66, inclusive, of the Public Records ofeallier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed B. Correctional Facilities Impact Fee $100.59 $109.17 C. Library Impact Fee $192.37 1. Law Enforcement Impact Fee $632.43 $631.40 $1,778.00 $4,489.00 $150.24 $83.05 D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fec G. Road Impact Fee H. Government Buildings Impact Fee TOTAL IMPACT FEES $8,166.25 JAK Appmv<:<.l_/_l_ Page 1 of] Amme" Iltlll No. 16D 22. 20C Suf COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1 c:~, 1 Item Summary: F~E-'C()~l ;'ellja'!O~. 1:1;]1 th(, Beard of Count\' C0IDrIl,SSlone,s a~:p;'ov",s. anQ ;;u:norl=p~ trle COlin'y M:Jnagw 10 SIQI", iJ ire(, 3::jr8Pn1enl WIt!) o:tl1e! C '.,/"orren ,Owner' lor Je'e~r81 uf :00'" O'Cuille' COLl!"i'l IIDOil<::'ees tor:J'l oWller.QCCup'<,o dftQrr1able ')OUSlmJ U'l,t l(ca!cJ.,: l.0: <OOi'1r1i1pf'nderc<, f"'lasell Immokilfee Meeting Date: S"'~'2,'2G07 (, DO no A.M Prepared By Marcy KrurntlHle [mector Date PUbhc Services housm(l & human Service5 4/271200712110 PM ApprolledBy Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Offtce 4iJ012007156PM Approved By Marcy Krumbine Director Date Public Services Housirlg& Hun\an Services 511/20074,01 PM Approved By MMlaRamsey Pul1llcServ<ees Admtrllstrator Date PUblic ServIces PubliC "'.~rvices Admm 5i4/20079:58AM Approved By DrJlBCoordllllllor Admm,str<llIVoAssistant Dote COllnty Manager's OHlc," Ofllceof Milnagement& Budget 517/20071:37 PM Approved By SnerryPryor ManagementS Budget Analysl Date Coullty Manager's Office Of lIce 01 Mallilgem"'n\ & Budgel 5/812007854AM Approved By J.,mes V. MUdd County Manager [Jate BOllrd of County CommIssioners County M"nage"~ OIfLce 513120077:15 PM file:/ /e :\AgendaT est\Exrort\83- May%2022. '?o202007\] 6. %,20CONSENT%\20AG ENDA \] (1 5/16/2007 Agenda Item No. 16D2 May 22, 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 Marie Dume (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 7 Trail Ridge. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the County Manager to sign, the attached lien agreement with Marie Dume 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 Marie Dume, which application, after staff review, was determined to qualify for the program. Her legal status has been verified and her 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 $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 74-40 I 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 Marie Dume for property located in on Lot 7 Trail Ridge. PREPARED BY: Marcy Krumbine, Director, Housing and Human Services Return to Agenda Item No. 16D2 May 22, 2007 Page 2 of 5 MarC)'Krumbine ColJjer Count~' Housing alld Human Services 305{lN. HurscsboeDriveSuile 110 Naples, FL34104 File# 06-090-IF Tllisspaeefurrecording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this \ 1--- day of f\,(,:j.< \ ,2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and ';Marie Dume" (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 A.6'Teement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "AI! 3. The term of this Agreement is fi'om 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 o;B," the amount of the deferred impact fees is Twelve Thousand. One Hundred Forty-Three dollars and 84/]00 ($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%) (lfthe 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 Ab'Teement, 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 of2 Agenda Item No. 1602 or bring a civil action to enforce this Agreement. or declare that the deferred impact ft;:es are May 22, 2007 Page 3 of 5 then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this A,greement, plus interest at the then maximum statutory rate for judb'TIlents calculated on a calendar year basis until paid. 8. This Ab'fCement is the sole agreement between the parties \\'ith respect to the subject matter herein, and shall br.: binding upon the O\VNER' 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 'VITNESS "'"HEREOF, the Parties have executed this Af,Tfeemcnt on the date and year first above written. C U'\ , OWNER: { n1" 7M 0_ !:D,.{(/Jo'V1 ':.., Marie Dume // . Witnesseyf' t---- /./-- ~ Print Name C -<<::.1-;<:,_ /.J- 4 I '-,~ OWNER: N!A STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement \vas acknowledged before me this .1 day of f\cri. \ 1007, by nMarie Dume'., who is personally known to me or producedD"1.\Jc 1- U '-.-'v"';::'(" as identification ~'~"".''''''''''~~..."" ; ~\1\.t;'" NORtvIA LCIRA.';.PY3Ct,~ >~i'.:lJ..l./' ,'.1';" (U.V,.\1LS-,,,.,r, i: l!iY'';j.': f~;::~~~~<:::~~~~.~t':~~~~:,~~ /,7 /7 11- '/ li"'#//u..'~ I-u fl__ .)!M1~ (Signature of Notary Public) ( hI . \ -. \"-4:'\\\'Y"\cs. \.p\\--,-- \\-Q-J0 (Prin! 1\ame ofNorary Public) Commission Number: DDSq o~3 'cl My Commission Expires:08/;2Q / .;.2.01 c [NOTARIAL SEAL] COLLIER COUNTY. FLORIDA By: JAMES V. MUDD. COUNTY MANAGER STATE OF FLORIDA COVNTY OF COLLIER The foregoing Agreement was acknowledged hefore 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 Public) Commission Number: My Commission Expires: Rccommcnd approval: Marcy Krumbine. Director of Housing & Human Services Page 2 of2 EXHIBIT "A" LEGAL DESCRIPTION Lot 7, 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 Fce r. Law Enforcement Impact Fee J. Water Impact Ft:e K. Sewer Impact Fee TOT AL IMPACT FEES JAK Appruv0d _'_ ."~ Agenda Item No. 16D2 May 22, 2007 Page 4 of 5 Amount Owed $93.00 $59.80 $192.37 $561.70 $560.68 $827.00 $3,731.00 $150.24 $83.05 $2,760.00 $3.125.00 $12,143.84 Page 1 or 1 .;gelldd lier" l\iolC02 22.:'007 5 oj ~J COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1CC;) heCO~'IN~!l~atlon 1:1,": :r.e lioard of Count\' '::omnll~8icners cmpr.;wes nnd au:hofl?H. tile ;:CHirli'i Mil'1fl')H:n 8';11',. <J 11i"f1 il,Hi'Lomwn' ',\,'111 Mani- CUllle (Owner1 io.' .:::ef[~'Tal of 10J'.::. of ~:()I;;..'r CO',mtv 'rnpa':~ lei'S j,y an O'lmer<;CCUDled aHordJDle hOllS"lg unli iDca~e::i at LOI I a:IR,nDp Meeting Dale: 'j DC.Oe, A~,.' Prepared By MlIrcyKrumbine [I"ector Date Public S"rv'ces Hou~in(1 & Human Servlce~ 4.'~1;2007 134:09 PM Approved By Jeff Klalz~ow Asslctant County AttDcn..y Pate County Al10rney CQuntyAttome,. Office 4130120071:54 PM Approved By Marcy Krumbine DIr!!ctor Pale PubliC Services Housing & Human Services 511/20074,00PM Approved By MarlaRamsey Public Servoces ,\dm'nlstriltor Date PubliC Serv,ces PubliC Services Aclmm 514/200710.36 AM Approved By OM8 Coordinator Admlflislrat'v" Assislant Pate County Manager's Office Oft'ceofM1ln:lgement& Budgel 5/7/20071:32PM Allproved By Sherry Pryor Management & FJudgetAnalyst Date County Manager's Off,ce Oftice of Managcment & Budqet 5IB/20079:0JAM Approved 8~' James V. MUdd Countyft.anJgN Oal" 80ard "fCoun!y COll1n"ssioners C;ountyMana(Jer's Office 519120077:HlPM file://C:\AgcndaTcst\E::xport\83- l\1av%2022, 'l-0202007\ 16. %20CONSENT%20AGENDA \ ] 6.. 5/16/2007 Agenda Item No. 16D3 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jeannine Mathurin (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 97 Independence Phasc Il, Immokalee. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Jeannine Mathurin 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 Jeannine Mathurin, which application. after staff review, was determined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Habitat for Humanity Independence Phase II Subdivision in lmmokalee. 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, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $8,158.66 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 74-40 I of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units with Jeannine Mathurin for property located in on Lot 97, Independence Phase II. _. PREPARED BY: Marcy Krumbine, Director, Housing and Human Services Agenda Item No. 16D3 May 22, 2007 Page 2 of 5 Retnrnto Marcy Krumbine Collier COllllt~' HUS 3050 N. Horseshoe Drive Naples.FL34104 File# 07-06S-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ;3 day of April, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Jearmine Mathurin (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 Oruinance shall apply. 2. The legal description ofthe 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 ofthe 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 he 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 EiQ:ht Thousand. One Hundred Fiftv-Eight dollars and 66/100 (S8,158.66). 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 A,b'Teement 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 do.cwnentation 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, or bring a civil action to enforce this Ab'Teement, or declare that the deferred impact fees are Aqenda Item No. 16D3 " May 22, 2007 Page 3 of 5 then in default and immediately due and payable. The COUNTY shall be entitled to "ecover 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 judb'1t1ents calculated on a calendar year basis until paid. 8. This A!,'Teement 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. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: JAMES COLETTA, CHAIRMAN . Deputy Clerk OWNER: Witnesses: f"~ "-rf\o.~, ' Print Name(Y\,:, ,,!AlvDrado JJs2"://7I).-f/)4.v -4'td)7-r/v! Cfeannine Mathurin OWNER: , W.itnesses: /) ~ Vrf>9Ai1/'. Prinl Name UarIIu< ~""'..... N/A STATE OF FLORIDA) COUNTY OF COLLIER) 2007, The foregoing Af,'reement was acknowledged before me this ,} 3 day of 'ffJ:~ . by Jeannine Mathurin , \\'110 is personnl1y known to me or s produced as pr~9.-fu(identity. [NOT .-=,rrv-.ZA ....."\, AGNE ,,=,~- #:uJ~ MY COMMISSION ~ !lM94447 ~~ 'EXP1RES:~12.2(lIO ~",,:/ flNa<or)'~Asl:OO.Co. ,,,,.~I-l>lOTAAY , '~ ~ , ./ ... - C~ ,.~... 7- /'[. VI/I{ CeC . / Sig~~ure yrerson Taking Acknowledgment / Appnr,cd a and l~gaI ;\ orm c Recommend Approval: JeffreyA-. Klat ~ow Managi~g ASSi~rt County Attorney Marcy Krumbine, MP A Director Collier County Housing and Human Services EXHIBIT '''A'' LEGAL DESCRIPTION Lot 97. Independence, Phase II, according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66. inclusive, of the Public Records of Collier County, Florida. EXHIBIT "'B" IMPACT FEE BREAKDOWN Type of Impact Fee 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 TOTAL IMPACT FEES JAKApproved-..-!_/_ Agenda Item No. 16D3 May 22, 2007 Page 4 of 5 Amount Owed $93.00 $109.17 $192.37 $632.43 $631.40 $1,778.00 $4,489.00 S150.24 $83.05 $8,158.66 lIemNumber: Item Summary: Meeting Date: Page 101' 1 Agenda Itel; l\jo. 1[,03 22. 200? S of:j COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 'GD3 P0cQmmend<lt'on tr.at !h, Board o~ Coum., l;omnl'SSI01erS aoprDves a,.,::) authorizes tne :.I1?lrmall to ,,(11"1 a H'n ~'.Fpemer'l '/dl: .Jc~ann",,) V E'lthtJl 1'1 ::C!wtlorl for Ceierld. oj 1:J[)+,. 0' Celi."" County Imp8ci fe"~' tor iln ownerocctJDled ,"!fordable tiQusing unit 1():8Iect at Lc1 '17 IndDrll'I10pnce P~i8se Ii Im'10Ki\,ef ';/;:':21200;(;:1000"\/ Date Prepared By r"arcyKrunibine Publ'GServ,ccs 01rcctor Housmg& Human Services 413()!2D()71:26:14 PM Date Approved By Jefff\latzkow County Attorney ASSistant County Attorney County Attorney Off,ce 4J:l0/2007153 PM Date Approved By M.arcyKrumbine Public Services Director Hou~illg&Humlln Services 51tl2007 3:59 PM Date Approved By Marla Rarnscy PublicSenllce. PubbcServices Administrator Public Services Admin 5/41200710,41 AM Dnte Approved By OMBCoordillntor COllnty Manager's Office Adrn;llIstr~tlve A~s'st<lnt OffiGe of Manllgement & Budget 51712007 L32PM Date Approved By St,,,rryPryor COllntyManager"s Office Management & Budget AnJlyst Office of Management &. Budget S/f',/I0079:08AM rJate Approved B)' JamesV. Mudd BoardofCOUl1ty CommiSSIOners Coullty Manager County Manag~r's Office 51912007727 PM file://C:\AgcndaT est\Export\83- May%2022, %202007\ 1 6. %20CONSENT%20AGENDA \ 16.. 5/] 6/2007 Agenda Item No. 1604 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Amy Cantu (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 79 Independence Phase II, Immokalee. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attaehed lien agreement with Amy Cantu for deferral of 100% of Collier County impaet fees for an owner-oeeupied affordable housing unit. CONSIDERATIONS: Artiele 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 Amy Cantu, which application, after staff review, was determined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Habitat for Humanity Independence Phase II Subdivision in Immokalee. A large number of these units participate in this deferral program. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into thc 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, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $8.158.66 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 Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units Amy Cantu in on Lot 79 Independence Phase II. .~'-" PREPARED BY: Marcy Krumbine, Director, Housing and Human Services Rcturnto Agenda Item No. 16D4 May 22, 2007 Page 2 of 5 MarcrKrumbinc Collier Count)' HHS 305l.J N. HoncshoeDrive Naples,FL34104 File# 07-070-IF This ~pllce for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This A!,rreement is entered into this ,,2.) day of April, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Amy Cantu (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 Ab'Teement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. 111e tenn ofthis Abrreement 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 latt->r then the closing of the sale, or not 1 aft.. then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is EilZht Thousand. One Hundred Fiftv-Eight dollars and 661100 ($8,158.66). 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 tenninate 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 Ab'Teement 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 Ab'Teement'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 O\VNER, the COUNTY may, at its sole oprion, collect the impact fee amount in default as set forth in the Ordinance, Agenda Item No. 16D4 May 22, 2007 Page 3 of 5 or bring a civil action to enforce this Ai,:rreemcnt or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Ab'TccmenL plus interest at the then maximum statutory rare for judb'111Cnts calculated on a calendar year basis until paid. 8. This A,6'Teement is the salt: agreement between the parties with respect to the subject matter herein, and shall be binding upon the O\VNER'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 'VITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: JAMES COLETTA. CHAIRMAN , Deputy Clerk ~ ~~ad..o Print Nan~r~ A Ivo.rado OWNER: , (l---L- A~~:~~r- ( aA/7 I ,~ OWNER: caS N/A STATE OF FLORIDA) COUNTY OF COLLIER) 2007, The foregoing Agreement was acknowledged before me this h day of by Am\' Cantu who is~~sollall\' known to me or as proof of identity. ~/ d c::::, /1 'tA.-G-:J /c: ure of Person Taking Acknowle ;4p<;j/ , has produced ent Ap ro an Ie ~d 'to form ~ Recommend Approval: Anomey Marcy Krumbine, MP A Director Collier County Housing and Human Services EXHIBIT "A" Agenda Item No. 16D4 May 22. 2007 Page 4 of 5 LEGAL DESCRIPTION Lot 79~ Independence, Phase 11, according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66, inclusive, oftbe Public Records oreollier County, Florida. EXHIBIT "8" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed TOTAL IMPACT FEES $93.00 $109.17 $192.37 $632.43 $631.40 $1,778.00 $4,489.00 $150.24 $83.05 $8.158.66 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 Fce I. Law Enforcement Impact Fee JAK Appmvcd _/ _i_ Item Number: Item Summary: Meeting Date: Page 1 of I Aqel1da hem l\Jo. H:iD4 ~ r-,'iav 22, 2(J07 Page 5 of~) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ^(,~).:l RecommendOl!I:)'l that the Soard a~ CO",,!\, ~~GmmlsS'or,elg a~prave5 and <ul~OIi?es tile '::nairm31', 10 Slgr a ilen 'J;Heenlenl 'N!I~ .;:',1'1V CcmtLl .:<Jwner', tar defmral o~ 10~c.:., af COllier C;ounty ;~,pacttee"lor,mowneroccuLJ'edi:lffordabi€housl!lgullltloC2lte,j<ltLo '9 Ir.':IeDendeIlCe"hasf.'li immokalE'e bi?:i2GGi90GG0"'N Date Prepared By M~rcy Krurnbine Public Services nirector Housing & HUfTliln Serv,ce!', 513120075:36:48 PM Date Approved By Marcy Krumblrle PublicServ,cns D,rector Housing & Hunlan Serv,ces Si412007IL54AM Dale Approved By Maria Ramsey Public Services Pul1ticSerJicesAdm,nislrator PUbl"Ser"icesAdmin 514120071035 AM Date Approved B}' JeffKlatzkow COUrltyAttorney Assistant County Attorney County Attorney OfficE' 5/4120071T:02AM Dale Approved R}' OMS Coordill~lor County Manageer's Office AdrninlstratilfeA"5,stant Office of Manllgement & Budget S17120071:40PM Date Approved By S~)erry Pryor County Manaqer'sOtflce Management & Budget A'Htlys! Oflice01 Manag"menl & Budget 5/tl12007912AM Oale Approved Dy .James V, MudO ElOardofCoutliy Comm'SStoners County Mnnager County Mana!jer'sOff,cc 5/9120077:03PM file://C:\AgcndaT est\Fxport\83-May%2022. %202007\ I 6.%20CONSENT%20AG ENDA \ 16.. 51 I o!20ll7 Agenda Item No. 1605 May 22, 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 Marie Mathurin (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 147 Trail Ridge. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the County Manager to sign, the attached lien agreement with Marie Mathurin for deferral of ] 00% 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 Marie Mathurin, which application, after staff review, was determined to qualify for the program. Her legal status has been verified and her 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 progran1. .- The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-40](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 CONSIDERA nONS: 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 Atlordable Housing Dwelling Units with Marie Mathurin for property located in on Lot 147 Trail Ridge. PREPARED BY: Marcy Krumbine, Director, Housing and Human Services Rcturnto Agenda Item No. 1605 May 22. 2007 Page 2 of 5 Marcy Krumbinc Collier Count}' Housing and Human Seniees 30SO N.Horscshoe DriveSnitc 110 Naples, FL34104 File# 06-078-IF This spllee for reeording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this~ day of ^?~\ ,2007, between Collier County, a political subdivision oftbe State of Florida (COUNTY) and "Marie Mathurin" (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, knovvn 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 Joss 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 salc, 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 uA," 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, assibrned, 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 paramotmt to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person. except that this lien shaH 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 1 of2 Aoend3 item No. 1605 or bring a civil action to enforce this Agreement, or declare that the deferred impact f~cs are May 22, 2007 Page 3 of 5 thcn in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attomey's fee and costs. incurred by the COUNTY in enforcing this Al:,'Teement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis wl1il paid. 8. This Agreement is the sole agreement between the parties with respect to the suhject matter herein, and shall be binding upon the O\VNER'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 \VITNESS WHEREOF, the Parties have executed this Agreement on the datc and year first above written. ~~;_S~~:~t.~~ ~/~;~_ ~ Print Name~~,,, . "-~'-'_ OWNER: ;, . ,1/. r;- , /1..1 '\ - I, /i li/' /_/~ I ,:,:{) J'-'-, /~. ,- '.~ ' ,"v: JI';' ___-- Maric Mathurin , '''.-, \(...,...... !' joY OWNER: Wil~ess~(, 'i " t"'I" I f 1'".; I\'~'.(~''--- Print Name, _ .:(-~'-t\EL'''t' h \ N/A STATE OF FLORIDA COUNTY OF COLLIER TIle foregoing Agreement was acknowledged before me this :1 { day of 2007. by "Marie Mathurin", who is personalIy known to me or [N~;~~'L S~;I~;" as identificatil /~I ( : { /, ' / ( 'nature of Notary Public) I - ! /1/ I ' I I II ..\ ~c-1f\'I>~'D/1- r-t. !-. [ ,I tc.{ I{ li--- (print Name of Notary Public) Commission Number: My Commission Expires: fL,1 produced <7,~~.\1 ~' ,,,cc,"'/,,",, "''''"''% '~!~~~.':,>. :'x:',!i::,,~.:.;:.~~~~~;I.:, ;1 '-....,..,..~""'..~~--'^^^"'" COLLIER COUNTY, FLORIDA By: JA1'\1ES V. MUDD. COUNTY MANAGER STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agrecment 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) Appr v legal (Print Name of Notary Public) Commission Number: My Commission Expires: Rccommend approval: and JeITre Assis Marcy Krurnbine. Director of Housing & Human Services Page:2 of2 EXHIBIT "A" LEGAL DESCRIPTION Lot 147, 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" IMP ACT 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 Fcc H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAKApprovoo_I_'_ Agenda Item No. 16D5 May 22, 2007 Page 4 of 5 Amount Owed $93.00 $59.80 $192.37 $561.70 $560.68 $827.00 $3,731.00 $150.24 $83.05 $2,760.00 $3,125.00 $12,143.84 Page! of 1 Auenda Hem ~Jo_ 1505 , May22,2007 Page 5c'5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1'jD: Reco~'mel1datlOn tr,at tile BDaro 01 COll'lt\' C8mmlssloners appro'les. ;]nd authorizes the C;lJunlv M;mopw:o 51Pl1 J lien 3qreef'1E'n1 With Mar,e ~la:hulin 10wner: tor detorrill 01100 of':;oHlwCouniV;rllPactfeestarano'lmer.,occu;Jlecaftordablehou~'ng'Jllittacat[<Gi1!LO( ~';7 Trail Riaqe Meeting Date: ,- i::':::,'200~-- "' DC (lei >~M Prepared By Marcy Krumbinc Director Datle Pubh~ Slervlces Housing & Human SerVices 5:312007.'iJO:.'iOPM Approved By JeffKlatlkow Assistant County Attorney Dnte County Attorn,,-,y CoufltyAltorneyOffiee 5141200711.02AM ApprovedHy Marla Ramsey Pllblic Servi"e~ Administrator Date PublicServ,ces Pubhc ServIces Aclmin 5141<'00711:22 AM Appro~ed B)' OMBCoordinJtor AdminrsrrativeAsSlstant Date County Manager's Offiee Ofll""o! Management & E1udget Sl712007140PM Appro~ed B}' Sherry Pryor Management & Budget Analyst Date County MJrlager'sOlfict) Oflice of rkmllgemerlt & Budget .'iIBI20079:17AM Approved By JamesV. Mudd County Manager llJte board of County CGlllmissloners County Manager's OffIce 5/9/2007702PM file:1/C:\AgcndaT est\Export\83-May%2022, %202007\ 16. %20CONSENT~020^GENDA \ 16.. 5/16/2007 Agenda Item No. 16D6 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Cirilo Sanchez and Benigna Trejo (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 89 Independence Phase II, Immokalee. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Cirilo Sanchez and Benigna Trejo 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 Cirilo Sanchez and Benigna Trejo, which application, after staff review, was determined to qualifY for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Habitat for Humanity Independence Phase II Subdivision in Immokalee. A large number of these units participate in this deferral program. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, givcs 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, approval and Chairn1an's signature. FISCAL IMPACT: This agreement defers $8,158.66 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 Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Cirilo Sanchez and Benigna Trejo on Lot 89 Independence Phase II. ~",,,.... PREPARED BY: Marcy Krumbine, Director, Housing and Human Services Aqenda Item No. 16D6 , May 22, 2007 Page 2 of 5 Reluruto Marcy Krumbine CoUicrConnty HHS 3050 N. Honesh(lc Drive NapJes,FL34104 File# 07-068- IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS TIlis AbTfCement is entered into this !15 day of April, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Cirilo Sanchez and Benigna Trejo (OVINER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties a!:,'fce 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 contlict 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 occun"ence 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 ofthe transfer. As set forth in Exhibit "8," the amount of the deferred impact fees is Eight Thousand One Hundred Fifty-Eight dollars and 661100 ($8,158.66). 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 Af,Tfeernent shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or othen:vise 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 Wlit 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 O'NNER 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 O\VNER, the COUNTY may, at its sole option. collect the impact fee amount in default as set forth in the Ordinance, Agenda Item No. 16D6 May 22. 2007 Page 3 of 5 or bring n civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attomey"s fee and costs, incurred by the COUNTY in enforcing this Ab'Teement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid, 8. This Ab'Teement is the sole agreement bl;':lween 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 \VITNESS 'WHEREOF, the Parties have executed this A,b'Tcement on the date and year first above written. Attest: DW1GHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN OWI'ER: ".. /' ~~~].toess,;s'/ /"/7// ~ ~ './ ." ._/ .,'.' ., -c"..' .' '/;--~::"'0;-:1.~ //-:?:-~,/-:;7o;k;.%2L---- Print Name/" ;1/(Ao,h,<; /. !(;:;aE0cr<15 'D'I.~~. ., C. I r-/ c.';;_ h J7C Cirilo Sanchez ;.....,cQ2 ,}[--- OWNER: ^-- 'He f(b{(~ ~" /<,1 'j'l')-'/, ~,:'_'y-( ;c; Benigna Trejo I 1ST ATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Ab'Teement was acknowledged before me this 2:3 day of ~, 2007, by Cirilo Sanchez and BeniL'Tla Treio , who are personally kmw,'n to me or have produced =-1.::::)\ ',,<.' , L"" "~ as proof of identity. d-/ }I i-{4-:H..~ , :::J;.'.C-L-. /.' ----- v ,'{"-;':?i [NO ~~~~~~:~T!s'~;~l '\-~"",,-<i'"~ EXPiRES; Au",,"2~, 201D :5 ,,_':"''',)_NOT,'''' hNo'::t)';),=..1<lI""""',(.o? ~~- Signature of Person Taking Acknowledgment AIl'rov d ~ to form an~.le ': .1ffi1T , " \ l! ! , , " Jeffi;4y A, ~~tzk()w ManJging A~istant County Attomcy Recommend Approval: Marcy Krumbine, MP A Director CoUier County Housing and Human Services EXHIBIT '''A'' Agenda Item No. 16D6 May 22. 2007 Page 4 of 5 LEGAL DESCRIPTION Lot 89~ Independence, Phase II, according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66, inclusive, of the Public Records of Collier County, Florida. EXHIBIT ""B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed TOTAL IMPACT FEES $93.00 $109.17 $192.37 $632.43 $631.40 $1,778.00 $4,489.00 $150.24 $83.05 $8,158.66 B. Correctional Facilities Impact Fce C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fce G. Road Impact Fee H. Government Buildings Impact Fee L Law Enforcement Impact Fee JAKAppIOVOO_ Page I of I AgendClltem No, I()OG 22, X007 5 ~)f :) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1GDG r":2CQf'~rr>en(j<Jtl{), tnm tile 80ard of C;OUf'IV CommlS$'oners aprrO'ifJS Iln-:J Jut:-icr:zes the (~n,Wn18r'. tD SIW" [I ,,:en aqreemer-1 will", Clnlo Sar,c:le~ and (<en'gna TrejO (Owners:, fOI (i"ferriJ' of ,00";,. o~ COllie' C-OL'llty Imp::lCt tees tur JI1 Dwnn,oc.~uPI€d 8ffcrd,,~N' hUCI",r'g llrlrt located 2t :"0: 119 'f'aerende~ce Dhase II Imnl0kalee Meeting Date: ;;1:':l2CY:'~-'" 2C X' -"!II Prepared By MiI,cyKrurnbmo [><rector D~!e Public Services HOl-lsing& Human ServIces 51312007.'i:24J6PM Approved By JeffKlat;rkow AS~lstal1t County Attorne-y Dnte County Attorney County Attorney OffIce 514/200711:03 AM Approved By Marla Ramsey Public Services Administrator Date PubhcServices PublicServlce~Admin 5141200711.30AM Approved By OMS Coordlnator Adrnlolstrat,veAssistarlt D~te County Mand(ler.sOttlCc OfflCeof Manaqem"nt& Blldget 51712Q07139PM Approved By S~wrry Pryor M~l1ag"lnel1t '" Buogot Analyst Date County Manager's OffiCE Office ot Mal1d(lement a. Budget .'iIBI20079:20AM Approved By J~l1les V, Mudd COllnty Manager Date 8oardofCounty Commtssioner> County M~l1aqcr', Office 5/9/2007 7:2~ PM file:1 Ie: \AgendaT est\Exporl\83-May~{,2022, %202007\ 16, %20CONSENT%20AGENDA \ 16., 5/16/2007 Agenda Item No. 16D7 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Madai Avalos (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied' affordable housing unit located at Lot 196 Trail Ridge. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Madai Avalos 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 Madai Avalos, which application, after staff review, was determined to qualify for the program. Legal status has been verified and 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, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $19,372.52 in impact fees. Although it is expected that thc 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 Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units with Madai Avalos for property located in on Lot 196 Trail Ridge. ,,_.. PREPARED BY: Marcy Krumbine, Director, Housing and Human Services Agenda Item No. 16D7 May 22, 2007 Page 2 of 5 Rcturnto Marcy Krumbine Collier County HUS 3050 N. HoneshoeDri\'c Naplcs.,FL341D4 File# 07-023-IF This spilcefor rcrording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this .J./i- day of April, 2007, between Collier County, a political subdivision oUhe State of Florida (COUNTY) and Madai Avalos (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 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 dO,cumentation 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, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are Agenda Ilem No. 1607 May 22, 2007 Page 3 01 5 then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the CDUNn' in enforcing this Ab'Teernent, plus interest at the then maximum statutory rate tor judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole ab'Teement bet\.veen the parties with respect to the subject matter herein, and shall be binding upon the OWNER's successors and assigns in interest. 9. This Ab'Teement shall be recorded in the official records of the County at no cost to the COUNTY. IN \VITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLJER COUNTY, FLORIDA, By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN WitnesSe~~Y~\1 ---- ,,~, - y . Print ~- , -~--/7/?/AJAIJ I' /ji/:..., ( ,IIZ~,F v OWNER: )J::j/a?~4::;- Madai Avalos av2Ji'.~~ OWNER: Witncs~~_~: :r/] /) //.0;;0, '4-'1--"- 'J;;v PrintName ,Ai'-'J.-"mul k:r~ - f;0 N/A STATE OF FLORIDA) COUNTY OF COLLIER) 2007, The foregoing Agreement was acknowledged before me this /9 day of IJU(~ j , by ~adai Avalos , who is personally known to me or has produced f ( , ()~ Idr', tiC07::>(" asproofofidentity. [N S';"'~NW~.__ ~' '''~>, NOKJ'ilA ':"URA-TREJO? ~~ M';' tOMMISS;O.\ ,,' Dil.<'rB~ S ~:""::6?'- EXl'WES:i,c"",.2'(2J!U 5 ~ .'~~~:.~NO;,'u~" II """"'Y;)"~:.",,.,"= l> Z c.:;:;;;:~.. /)' . J /1- / / !a/7-u- ~ti-~ Am) Signature of Person Taking Ackn6wledgment AP~OV d as t and e I \ Jeffi-.l' A. Klat Manlging Assi Recommend Approval: o\v nt County Attorney Marcy Krumbine, MP A Director Collier County Housing and Human Services EXHIBIT ""A" LEGAL DESCRIPTION Lot 196, 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 JAKApproved_/_i_ Agenda Item No. 16D7 May 22. 2007 Page 4 of 5 Amount Owed $]00.59 $61.14 $368.18 S750.00 $] ,659.00 $2,861.00 $6,059.00 $410.00 $171.61 $3,4]5.00 53,515.00 $19.372.52 ltemNumber: Item Summary: Meeting Date: Page I of I ,4qel-ldallerr, No 1(:;D7 - r.;liJ'v 21. 2D07 P.JUc 5 of5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16[,,7 R8~,()n'nlendahon that tne ~oarc of Coun!,- C/m1rlllssioners a;)prov"s ~nd authof;7es the C.nalrlT\3rc ta s'C]1l a ilen a~reement Wltt.\ Madal ~.vdlos iCWIlSr'i to' Geier"J! o~ c'JJC;., of Coliier C:OU'ltv In~pact t<,e~ tor a'l owner -ocsupied i!ffordable nous"~g Ull11 located ill l.ot 190 -, rail F'~ "jge .- I~ '; :;> 0(1 '7 (, ';.D DC; .-'. ~," Date Prepared By Marcy Krurnbine PubliG ~ervlces Dirtoctor !1ousing& Human ServIces 4130;2007t15'48 PM Date Apprond By Marcy Krumbine Public Services DIrector HOllSm(l & HumaflServlce~ 4130/2007116 PM Date Approved By .Jeff Kiatzkow County Attorney ASSistant County Attorney County Attorney Office 4130i20071,~9 PM Date Approved By Marla Ramsey PUblic Services Pubhc ServicesAdmm,~trator Puhllc Services Adm,n 5/4120073:t8PM Date Approved H)' OMS CoordmJtor County Manager's OffKe Admlnlstral,veAss,stJnt Oftice of Management & Budge! .'i1712007131 PM Date Allproved By Sherry Pryor COllnly Manage(~Otl;ce ManJgeme'11 & Budget Analyst Office of Management & Budget SIBll0079;OOAM Date Approved By JilmeSV, Mlldd BOilrd of County Commissioners County Manager COllnty Manager's OffIce .'i19/20n7 7:17 PM file:1 IC:\AgendaT cst\Export\83~M(Jy%2022, %202007\ 16, %20CONSENT'Yo20ACjENDA \ 16.. 5/16/2007 Agenda Item No. 16D8 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Raudel Salazar and Maria Salazar (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 129 Independence Phase II, Immokalee. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the County Manager to sign, the attached lien agreement with Raudel Salazar and Maria Salazar 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 defern1ent was submitted by Raudel Salazar and Maria Salazar, which application, after staff review, was determined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Habitat for Humanity Independence Phase 11 Subdivision in Irnrnokalee. 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. FISCAL IMPACT: This agreement defers $8,166.25 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guaranty as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-40 I of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units with Raudel Salazar and Maria Salazar for property located in on Lot] 29, Independence Phase II. PREPARED BY: Marcy Krumbine, Director, Housing and Human Services ,_. Item Number: Item Summary: Meeting Date: Pagelofl Agenda Item No, 1508 M,;1V22,2007 Pa~le 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1SDH Recol1lmenda\lO~ that tne Board of CQLJnt~ Commissioners appwves and autharizes the C!ldlrman to sign a ilen agreement with RaU(t",~ Sala;::ar and Maria Salazar {Owners) for ,jeterrdl of ,00'i, of Callier County Irl1pacf feestoran owner,occJpied aifmdablehousiTlguTllt ioc<Jted a\ Lot ,::9 Indeuendence f'tlase II Irnmokaiee :oI22r2JOi 8.000Q,AM Director Date Prepared By Marcy KnJmbine Public Services Housing & Human Services 51Ilf20073:21:37PM Marcy Krumbine Director Date Approved By PubliC Services Housing & Human Service~ 5/8J20073:24PM Approved By JeffKllltzkow County Attomey Assistant County Attomey Date County Attorney Office SJ8120074:14PM Public Services Admimstrator Date Approved By lJIarlaRamsey Public Services Public Ser~ices Admin 5/9/20078AJAM Administrative Assistant Date Approved By OMBCoordinator County Manager'sotfice Office of Management & Budget 5J9/l0073:46PM SusllnUsher Senior ManagemenUBudgct Armlyst Date Approved By County Manager'sOff,c<) othceof Mlll1agament& Budget 5111120079:10 AM M,ch,wl Smvkowski Mal1agement & Budget Director Date Approved By County Manager's Office Office of Management & Budget 5/11/200710:20AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Ollice 5111/211071056AM file://C:\AgendaTest\Export\83- Mav%2022, %202007\ 16. %20CONSENT%20AGENDA \ 16.. 5/16/2007 RctllrnlO Aqenda Item No. 16D8 - May 22, 2007 Page 3 of 5 Marcy Krumbine ColJicrCounty HHS 3050 N. HOrlieshoeDrivc Naples.FL34104 File# 07-067-IF Thrs space forn.-.:ording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ~ day of April, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Raudel Salazar and Maria Salazar (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 Eil!h Thousand, One Hundred Sixtv-Six dollars and 25/100 ($8,166,25). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The hen shall tenninate 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 otherv.'ise 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 dO,cumentation 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 Agenda Ilem No. 16D8 May 22, 2007 Page 4 of 5 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover 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 OWNER's successors and assi,gns in interest. 9. This Agreement shan be recorded in the official records of the County at no cost to the COUNTY. IN \\'ITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: JAMES COLETTA. CHAIRMAN , Deputy Clerk Witnesses: ~..('{)OA-U<;< ,^~ Print NamemQr\-h4. Molar""",,, OWNER: -A /f/fiL .ln~-< Raudel Salazar' '" OWNER: MCH"(j, Sri!ca(';ir Maria Salazar / \Viinesses: / ' ri1;Name STATE OF FLORIDA) COUNTY OF COLLIER) -I-u... The foregoing Agreement V'ias acknowledged before me this "30 day of i4tv/l~ , 2007, by_Raude1 Salazar and Maria Salazar, who are personally known to me or have produced :~rz~fOf~ " e of/Person Taking Acknowled ent I I [NOTARIAL SEAL] 'LA GJ-1llS~''''' 'f."w,"'" ~'1 CO~155\O;;' IJ,lO\O fYJ'lRfS.Sl>;'\o\t<'"""~'Co ~,'I f\.l'dlI"'" :::,~..~"ot~~~ Recommend Approval: Marcy Krumbine, MP A Director Collier County Housing and Human Services EXHIBIT "A" Agenda 1tem ~4o. 15D8 May 22. 2007 Page 5 of 5 LEGAL DESCRIPTION Lot 129, Independence, Phase ll, according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed B. Correctional Facilities Impact Fee $ 100.59 >109.]7 C. Library Impact Fee $192.37 D. Community Parks Impact Fee $632.43 $63 1 AO E. Regional Parks Impact Fee F. Educational Facilities System Impact Fec 51,778.00 $4,489.00 $150.24 $83.05 G. Road Impact Fee H. Government Buildings Impact Fcc I. Law Enforcement Impact Fee TOTAL IMPACT FEES $8,166.25 JAK Approvcd _/~i_ Agenda Item No. 16D9 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mireya Escobedo (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 98 Trail Ridge. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Mireya Escobedo 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 Mireya Escobedo, which application, after staff review, was determined to qualify for the program. Legal status has been verified and 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, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $12,143.84 in impact fecs. 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 74-40 I of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Co llier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units with Mireya Escobedo for property located in on Lot 98 Trail Ridge. ~. PREPARED BY: Marcy Krumbine, Director, Housing and Human Services Agenda Item No. 1609 May 22, 2007 Page 2 of 5 ReturnlO MllrC\'Krumhiue C...Ili~r County HHS 30SON.floneshoeDrivc Napl.,., FL34104 File# 07-066-IF Thh lpace lor recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this B- day of April, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Mireya Escobedo (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties a,gree 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 110t later then the effective date ofthe 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 Ahrreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall tenninate 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 AbJ'feement shall be transferred, assigned, or otherwise conveyed. Except as provided by Jaw, 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, Jessee, 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 do~umentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Ab'feement, 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 detault as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are Agenda Item No. 16D9 May 22. 2007 Page 3 of 5 then in default and immediately due and payable The COUNTY shall be entitled to recover all fees and costs, including attomey's iCc and costs, incurred by the COUNTY in enforcing this Ab,rreemenL plus interest at the then maximum statutory rate for judgments calcubted on a calendar year basis until paid. 8. This Agreement is the sole akrreement between the parties with respect to the subject matter herein, and shall be binding upon the OWN ER' 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 \VITNESS \\THEREOF, the Parties have executed this Agreement on the date and year first above vvritten, Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA, By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN Wj:tnesses:._---. . 1 i . _r-" 1/ . ../ r 1,./i;hP<:/u.(,- i\ 'f-/t'7hi~ Print Nam~"le!i'D~ 'K. J.-It:rr-lnet.::l 1/ 7 Witn) re''(. ~ '}/~~.,:.,~ ",j' ':- K~''4~' ! OWNER: ~rt1J"" '~w fJI>oi"Y k \1ireya Ese bedo OWNER: c;+,--;,.-1 't -,./ ( ~_~_.;..i_,i~",.:r t\!A STATE OF FLORIDA) ~~'I. COlJNTY OF COLLIER) <".~' ~OP.l,,1 cc" ,RL,U, ~ ~ >.-'cmV:Js,I('''c'''' '1~ r~~!<f _W,~ES \~",,,Y 2C'( ~ The forcgolllg Agree~~~~~iJ~t01c me th1S 2007, by Mireva Escobedo \\:~~'ion.QliY._ knm~:'..n_ as proof of identity. day of Ii to me or has produced ']''YX~'" ~ '" Nv'MlRlliU,OO.M:lUjJO ~ ~ ,~ MY CO\11\115510>':" Ll;;'(I.m f S~.."iW~ i'XP1~ES 1\~O;\J\t29.2C!C. ~ ;l '_":;-;'.~nl,w-" I,.,.""""i)"o"",~oc.l". ( "",.~"^",^^^,,,^fVVVVVV'V" /-" /// .. '~:-"-';7~~ Sih'Ilature of Person Taking Acknowledgment 'to fOffil cy: Recommend Approval: JemeY"A. K\ kow Managing ASsistant Count v Attorney '~ ' Marcy Krumbine, MP A Director Collier County Housing and Human Services EXHIBIT "A" LEGAL DESCRIPTION Lot 98, 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 TOT AL IMPACT FEES JAKAppruvcd---.!_i_ Agenda Item No. 1609 May 22, 2007 Page 4 of 5 Amount Owed $93.00 $59.80 $192.37 $561.70 $560.68 $827.00 $3,731.00 $150.24 $83.05 $2,760.00 $3,125.00 $12,143.84 Page 1 of I Agenda I1PITI No, 1609 rv'iav 22. 2007 F'aqe :'i of ~j COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 'C,O,I Item Summary: Recommendation thi1t 111(, Boarc 01 County CornnltSSlOne'S acproves and autnc"zes me ::llalmliJ~l TO SI(JrI. a iler, ~,greem~~rt with M'I'ey2 ESCO;JedO (uwl1er: lor delerli11 of 100'>, ot Col"er Count\' Ifl1pact lee,. tor an oWr'e,--occllpled affordable hr)us~n~ unit IDC;1\E;C1 at ~G~ 9!! rr""r?lcge Meeting Date: ~,,=2i2:)0: !"OO 08 ,:, '';, Prellared By Marcy Krurllblrle [meuol Date Publ'G Scrvicus Housing!\.. Human Serv,ces 4IJOI20071:18,39PM Appro~'ed By Jell Klatl~OW Ass'stant County Attorney [Ja'" County Attorney County Attorney Office 4130120071:54 PM Approved By Marcy Krllmbine D,rector Date PublicService-s HOLJslIlg&HumanServlces 511120074:00 PM Approv~d By Marla Ramsey PUblic S"rJicesAdmmistrator Date Public Services PLltlllC Services Adrnin 5181200710:18 AM Approved By OMS COQrdmator AdminlstrativeAs~lsta"t Date County Man<lger's Offi~e Oflicu of Management & Budge! 51912007 J:27PM Appro,.ed By S~lerry Pryo r Managemenl& 8udgctAnalyst [Mte County Manager'sOfficp Office of Managoment & Budge! 5,'11/200710.S9AM Approved By JamesV, Mudd County MilnaW" Dat" BoardotCotJllty Commissioner; County Manager's OffIce ;'111/2007 1 2: 00 P r.~ Iilc://C:\AgcndaTest\Export\83- May{}/02022, %202007\ 16.%20CONSENT%20AGENDA \ \ 6.. 5/1612007 Agenda Item No. 16010 May 22, 2007 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve a Lease Agreement with the School District of Collier County for the continued use of property adjacent to East Naples Community Park with no annual cost. OBJECTIVE: To obtain approval from the Board of County Commissioners ("Board") for a Lease Agreement with the School District of Collier County allowing Collier County to utilize property for recreational purposes. CONSIDERATION: Since 1984, the School District of Collier County ("District") has leased 6.4 acres of property to Collier County located adjacent to Avalon Elementary School. The additional land was needed by the County to extend its property in order to include additional recreational facilities at East Naples Community Park. The attached lease continues the County's use of the subject property for an additional ten (10) years with no rent cost to the County. As in the original Agreement, the District shall have priority use of all park facilities during regular school hours and for any special school-related events. If the District.should require use of the subject property, at times other than regular school hours, the District is required to obtain prior approval from the County's Parks and Recreation Director or his designee. The District or the County may terminate this Lease, at any time, by providing ninety day written notice to the other party. At the time of any termination, the County has the right to remove all improvements made to the subject property. The District shall reimburse the County for any improvements which were made permanent to the subject property, less depreciated value of ten percent per year from the date of construction of any such improvements. LEGAL CONSIDERATION: This Lease has been reviewed and approved by the Parks and Recreation Department Director and the Office of the County Attorney. TP FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort. RECOMMENDATION: That the Board of County Commissioners approve the attached Lease Agreement with the School District of Collier County and authorizes it's Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Estate Services I Department of Facilities Management ,,-. LEASE AGREEMENT (Avalon Elementary) This Lease Agreement ("Agreement"), entered into this _ day of i A~enda Item No. 16D10 I May 22, 2007 I Page 2 of 11 ! I , 2007, by and between Collier County, a political subdivision of the State of Florida, 'County") and the School District of Collier County, Florida (the "District"), together the "P s". For good and valuable consideration, the receipt of which is hereby acknowledged, the partif hereby agree and contract as follows: 11 SECTION I - LEASED PREMISES. 1.01 The District shall lease to the County certain property owned by the istrict and located I adjacent to Avalon Elementary School in Naples, Florida, consisting of apprOXilatelY 6.4 acres and more particularly described on Exhibit "A" ("Leased Premises"). SECTION 11 -TERM. I 2.0 I The District agrees to lease to the County and the County agrees to le4e from District the Leased Premises for a term often (10) years from the date of execution by the istrict. The Parties recognize that they are providing needed public park facilities under the term of this Agreement provided that the and that they may desire to extend or renegotiate this lease at its expiratio I ~ District does not need the Leased Premises for educational facilities. SECTION II1- CONSIDERATION. 3.01 The County has constructed and maintains certain recreational facil ies on the Leased Premises. The District shall not charge any fees to County for the use of an of these facilities, except for the cost of utilities arising from the County's use of such facilities. I , I SECTION IV - REPAIRS AND MAINTENANCE j -1J. enda item NO.1. 601 0 I May 22. 2007 I Page 3 of 11 . i. 4.01 The County shall be responsible for repairs and maintenance of all mprovements and facilities located on the Leased Premises which shall include but not be limit to the following items: lighting, irrigation, mowing, and clay work. Repair and maintenance sh I be in accordance with County Park standards and/or District, County, State and Federal legally r uired standards as appropriate. I 4.02 The County shall have the right to replace or remove improvements 1d facilities on the Leased Premises, provided that the District approves the replacement or rem al in writing and receives at least three (3) months notice of such a change. The County agrees t restore the Leased Premises in the event of any such removal. The District's approval shall n t be unreasonably withheld with respect to any requests made by the County to replace or remov the improvements or facilities located on the Leased Premises. SECTION V - USE. 5.01 The District shall have priority use of all facilities on Leased Premises d 'ng regular school hours and for special school-related events or programs at times other hours, provided that such special events are scheduled in writing at leas advance with the Collier County Parks and Recreation Director or des ee. The County shall have the right to use the facilities on the Leased Premises after r Monday through Friday until 10:00 p.m. and on weekends, Saturday d Sunday and also days when school is not in session (e,g, holidays and summer vacation from the hours of 6:00 a.m. until 10:00 p.m. 4enda Item No. 16010 \ May 22 2007 I Page 4 of 11 SECTION VI - SUPERVISION. 1 6.01 The County and the District shall each provide adequate personnel to s . ervise (and clean- up) the use of the facilities during their respective times of use of the Leased pJmises in a manner that promotes community health, public safety and proper preservation of the pJIiC facilities. , , , , SECTION VII - CAPITAL IMPROVEMENTS. 7.01 The County may construct capital improvements and install additional eq ipment to improve the existing facilities on the Leased Premises provided that such improvements r additions are not i in conflict with school use and are approved by the District in writing and in *cordance with the ! terms of this Agreement. The County shall be solely responsible for any and LIl costs associated with such improvements or additions. The District shall have the right to revie~ and approve, prior to construction, the plans, specifications and location for the placement of all e,uipment, facilities, , and capital improvements upon the Leased Premises and such approval shall rft unreasonably be withheld. 7.02 The District intends to construct a pavilion to replace the one remov from the Leased Premises and exclusively bear the expense of designing, permitting, and cons cting same. The " pavilion, if constructed, shall be repaired and maintained by the County during ~e effective term of I ! 8.0 I The District shall have sole discretion over the control, operation and Ifation of all fences and gates located on the Leased Premises. The County shall be given acce+ through all gates necessary to use the Leased Premises in accordance with the terms of the Agree~ent. I I I the Agreement. SECTION VIII - FENCING AND GATES. ! , f.iJenda Item No. 16D1 0 I May 22, 2007 I Page 5 of 11 i I SECTION IX - SCHOOL ADDITIONS & PORTABLE CLASSR MS. 9.01 The County acknowledges and agrees that the District shall have the rig; to build additions and/or install portable classrooms or make other improvements and modifica4>ns on the Leased , Premises for school-related purposes. In the event that the District e1ecr to makes such improvements, installations and/or modifications, the District shall notifY the funty with at least ninety (90) days written notice and shall make reasonable efforts not to ajerse!Y impact (or terminate) the County's use of the Leased Premises. ! , ! SECTION X - INDEMNIFICATION. 10.01 To the extent provided by law, each Party agrees to hold harmless, inde ifY and defend the other Party including its agents, officers, directors and employees for any an all claims, losses, penalties, demands, judgments, costs of suits, including attorney's fees, for any txpense, damage or liability incurred, whether for personal injury, property damage, direct or conse ential damages, or economic loss arising directly or indirectly arising from or in connection with use of the Leased Premises under the terms of this Agreement, except for such damage or liabil ty which is caused solely by the negligence of the other Party. This indemnification shall not be eemed a waiver of any limitation of liability to which either Party may be entitled under Florida S 10.02 The County and the District shall maintain insurance coverage in the mi 'mum amounts and types as required under State law. The County and the District agree that eithe party may be self- insured on the condition that all self-insurance(s) must comply with all State lai and regulations. , I i A"genda Item No. 16010 .( May 22. 2007 " Page 6 of 11 SECTION XI - TERMINATION. I LOI The District and the County may, at any time, and for any reason, termi+te this Agreement upon ninety (90) days written notice to the other Party. ! I I I I .02 In the event the Agreement is terminated, the County shall have the righ to remove any and all structures, improvements and equipment that it has constructed or install upon the Leased removable, the District shall reimburse the County for such improvements in a ordance with their Premises upon forty-five (45) days of written notice to the District. The Coun agrees to restore the Leased Premises in the event of any such removal. With respect to those c ital improvements upon the Leased Premises that were paid for solely by the County and are ermanent and not remaining depreciated value. The reimbursement shall be made during the n t budget year and shall be in the form of actual cost of said capital improvements depreciated b~ ten percent (10%) per year from the date of construction, however, no reimbursement payments ~all be required of the District after the improvements have been in use for ten (10) years. ,I SECTION XII - EFFECT ON OTHER AGREEMENTS. I 12.01 This Agreement is not intended to replace or otherwise amend or mo executed by the Parties other than that certain Lease Agreement for proper! located at Avalon Elementary and dated March 13, 1984. SECTION XIII - ARBITRATION. 13.01 In the event that the Parties disagree regarding the interpretation of thi Agreement, or the fulfillment of obligations required hereunder, either Party may request appeal to the Superintendent, or County Manager, as applicable. Should the problem not Ie resolved to the I fl/genda Item No. 16010 I May 22. 2007 I Page 7 of 11 I , i mutual satisfaction of any Party, it shall be submitted at the request of eith Party to binding arbitration in front of a three person panel according to the rules of the A erican Arbitration Association. SECTION XIV - ASSIGNABILITY. 14.01 The Parties shall not assign any interest in this Agreement without the p .or written consent of the other. SECTION XV - AMENDMENT. 15.01 This Agreement embodies the entire Agreement between the Partie and may not be modified unless in writing, executed by both Parties. SECTION XVI - CHOICE OF LAW. 16.01 This Agreement"shall be interpreted in accordance with the laws of the S te of Florida. It is recognized that all Parties hereto have contributed substantially and materially 0 the negotiations and preparation of this Agreement, and that the Agreement shall not be inte ted more harshly against one party by virtue of its preparation. SECTION XVII - SEVERABILITY. 17.01 In the event that any provision of this Agreement is held to be llegal, invalid or unenforceable under present or future laws, such provision shall be Iy severable. This Agreement shall be construed and enforced as if such illegal or enforc ble provision had never compromised a part of this Agreement, and the remaining rovisions of this Agreement shall remain in full force and effect. i A~enda Item No. 16010 May 22, 2007 Page 8 of 11 SECTION XVIII - EFFECTIVE DATE. The Effective Date of this Agreement shall be the date that the last si~ature as set forth . 18.01 below. SECTION XIX - NOTICE. 19.01 Any notice required to be made under this Agreement shall be made i writing and either hand delivered or delivered by overnight courier or facsimile transmission, or s~nt by registered or certified mail, return receipt requested, and addressed to the following: Distric of Collier County, c/o Chief Operational Officer, 5775 Osceola Trail, Naples, Florida 34109; ollier County, c/o County Manager, 3301 East Tamiami Trail, Administrative Building, Naples, Fl rida,34112. I SECTION XX - BINDING ON THE PARTIES. I 20.0 I Each Party hereby represents and warrants to the other that the executio of this Agreement and any other documents required or necessary to be executed pursuant to the p ovisions hereof are valid, binding obligations and are enforceable in accordance with their t s. IN WITNESS WHEREOF, the Parties hereto have caused the Agreement to be executed ~ their appropriate officials, as of the date first above written. A TrEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk i Agenda Item f,o. 16010 . May 22, 2007 Page 9 of 11 By:_ JA,MES COLETTA,Chairman I I I I I BOARD OF COUNTY COMMISSIONEl, COLLIER COUNTY, FLORIDA. I , I I I ! i f Approved as to form and legal sufficiency: ~Wl ?J~ Assis t County Attorney SChO~Ol Board Att~~~roval: By: . il/. RICh d W. Withers Date: 4 /3, 0 7 CT OF CO LIER I I , .9'55'00" W --- SECTION 24 50 25 :a j'src ) o () ,ARV .,oc . FAUCET ,~ pO'" ,. e ~4i>' ~~....&-.- . e t: ClP p ~ , 4~"''''' ....., 4)-'- (,&<1- (,0'" .(;-~""v .." ,~ "P .' '"' . ~ '" ,~ CONC. 89'55'00" E de Or"l ~. 24'QlP u -. '\ .,,, .,,, .ClP o .,,, ~. Q ,,' sO' & ,- 6.CIi....NUN '"" Exhibit ~JlRC::EES "" w - ,ce OUG(lU1 6.4173 ACRES .cc dP end a Item No . 6D . I 10 May 22. 2007 Page 10 of 11 '"' .'CIIIP ,UTS .C~ we ~ .~ ~ .. S," 'ClP I i CLP V <?>-.-4!'~~ I dP I I i / .lllP .CLP e ClP e:,'. ~ I I I I I I g " " , o CLP IHAINUNKFENCE '1 I SPK Item Number: Item Summary: Meeting Date: Pag.e 101' 1 AqenUi'J !te:1' I\lc!. 1CD1 ~.\,l\ L' 200 P,lP'-' of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIOI~E~S v;r1-- ccrllrl("K1'W~.r' ", Jppcrh'e Cll.PWiP ,',(y';erTh''n1 \"-,,tl1 'rlP SUmo, UI<ir:C' d ColilfH (';D..II1:y ier 11',(' -:.jntl~'ue':1 U,e' ()~ prepe'ly ad;;L"'n~ tD lasl r.iJplC's CDrnr.lLlnil\, f"~rr' w;th 'll) 21Hlual -:.0,,; ~..:::::::.'::::c ~;1 OG ,c__1,,1 [J~lt, !'rellared By r..1ichac,1 H. Dowling AOln<r"SlrJIIVC fjerv<c"," F'W!Jurtv Mall~,<e,,1t"l\ Sp"clall<;1 F ~cll'(ICS Man"9",nent ~19!2J07 21 SOl f'1~ Uat", Approved By Gany'NIII,am" f"uuiic Servlce~ D"ect;>r ParksJndRecre<ltjon 5f'l'20iJ,401 PM O:'le Approved By Mari~ R.amsey Pubi<c ServIH~~ [Jllb!ic S"rvlces Adnllllislrator Public Services Adllltn 5110/20071200PM uilte Approved By Thom;,C,P:alfllCr C.ountyAttorney ASo,lstJrlICoul1tl'Attorr1ey CO\nl1y Attornq Of lice ~,'10120{)7 12:03 PM DJte Approved By OMB COllrdlrlalQr County Manager's Oftl~~ Admm,strutiveA..sistanl OHlce of Mana\ICmellt.s. Blld\tCl ~i1112007 821 AM Daie Approved Ily SI",rryP'yor Count,.' Manager's Offlee Mana,wmollt & budw't ^nal'yst Olf'CG or Management 8. l3u<I\Wt .'i!11,20U71225PM Uate ^Ilpro"cd By f,1,:i1adSnlykowski Coumy Manaql)r's Ofi,cc. M:anagem"f11 & Blldpet [!"~ClOr OfhceoJ Miln"uel11{'m& n"lIqN ~J11!2iJ(l7 33~ PM [),ole Approved By J"m~~ V. Mmld Ooard 01 COllnty COrTll11rssioners Countv Milrla'Jer ;:ounty Man"<]("'~ Uhic" 5111.'200,3"0 PM file:/ Ie: \AgendaTest\Export\83- Ma'l-'%1022, lj-0202007\ 1 6. %20C 'ONSENTo,1,,20AG ENDA \ 1 6. 5/16/2007 Agenda Item No. 16D11 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approyes, and authorizes the Chairman to sign, a lien agreement with Silvia Aguilar (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 81 Independence Phase II, Immokalee. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Silvia Aguilar 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 Silvia Aguilar, which application, after staff review, was determined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Habitat for Humanity Independence Phase II Subdivision in Immokalee. A large number of these units participate in this deferral program. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, that these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $8,158.66 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 Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units of Silvia Aguilar on Lot 81 Independence Phase II. -" PREPARED BY: Marcy Krumbine, Director, Housing and Human Services Item Number; Item Summary: Meeting Date; Page 1 of I _",.(jcnda Herr No, H)011 " May 22. 2007 Pag8 2 of 5 COLLIER COUNTY BOAR.D OF COU~JT'( COMMISSIONERS 1GDI1 F:CC_GMmellriatlOIl tile)! 'lie Board 0: Coumy COmmIS5'Oner; apprQves 8nd auttvlfize3 Ine C:'ldlnTIa:' to 31<)1"'. a ii;;>'-l agreement witi') Silvia A[1uila: iOwner\ f()~ df1ieiral or 1c(j';" of COiilE)' C,JUl'lty Irnpa:: ti?e~ 1(1' al'i owner<)CCU[)IQO a!t'ord"ble ilCJ:JSll1g unit locateo al L.:J! G' i riJeOl' r1 Cl,,'r: cc "'~',a SE' I' I I'll tT'OS "ie'" ~/2;:'';'{)C<'", CO OOAV, Director D~le Prepared By Mnrcy Krumbin€ Public Services HQusinq & Human Services ~IEI2QQ7 317:06 PM Director Date Approved By M"rcyKrumbine Public Service5 Housing & HumallServ,ces 518i2007J:24PM JeffKlalzKOW AssislJn! County Atiomey Date Approved By County Attorney County Attomey Of1iC!! S18120074:15PM Approved Uy MilrlaRamscy Public Services Public Services Administrator Date PublicSer\licesAdlT1ill 519120079:11 AM AdlllinistrativeAsSlstant Pate Approved By OMB Coordinator County Manager's Oflier, OffIce of Mllnagement & Budge! ~1912007 3:45 PM Senior MaroagementIBud()ctAoJlyst Date Approved Ry Sl~s~n Usher COllnty Manayer'"OHict' Office of MallBrJcment & Budget .'i11112007912 AM M,chilet Smykowsk, ManJqement& Budget Director Date Approved By County Manager's Offl~<: OffIce of M~n<lqemet1t & Budgel 5111120G710:19AM Approved By .JdmeSV. Mu(1<l BoardofCounly Commissioners County M,,,.,ager Dnte COllrlty Mar1J.gcr'~ Office 51111200710,3(;AM file:/ IC:\Agcnda l'cst\Export\83- May%2022, %,202007\ 16.%20CONSENT%20AGENlJA \ 16. 5116/2007 RefLIrlllo ~\genda Item No. 16011 May 22. 2007 Page 3 of 5 Marc\'Krumbine Colli~r County HHS 3050 N. I-lorseshue Dri\'e Naples, FL34104 File# 07-069-IF This.paceforrecording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Af:,'Teement is entered into this _5.Q day of April, 2007, between Collier County, a political subdivision of the State of Florida (COlJNT'{) and Silvia Aguilar (OWNER), collectively stated as the "Parties."' NO'\', THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged. the Parties agree as 10110\.\'s: 1. This Lien Ab'Teement is made pursuant to Chapter 74 ofthe Code of Laws and Ordinances of Collier COWlty, Florida, known as "TIle Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Af:,'Teement, the tenns of the Ordinance shall apply. 2. The legal desLTiptiol1 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 ( I 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 ufthe deferred impact fees is Eight Thousand. One Hundred Fifty-Eight dollars and 66/100 ($8,158.66). Repayment shaH include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed h.venty-ftvc percent (250;0) 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 Vo.'ith 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 othern'ise conveyed. Except as provided by law. regardless of any toreclosure on the first mortgage or other security interest, this lien shall othef'Nise be superior and paramount to the interest in the dwelling wlit 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 Ah'Teement's requirements, COUNTY shall record any necessary d~cumentati()n evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Ab'Teement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY Agenda Item No. 16D11 May 22. 2007 Page 4 of 5 may, at its sole option. conect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, Of declare that the deferred impact fees are then in default and immediately due and payable. The COUNT'( shall be entitled to recover all tees and costs, including attomey's fee a-nd costs, incurred by the COUNTY in enforcing this Ab'Tcemcnt plus interest at the then maximum statutory rate for judbrments calculated on a calendar year basis until paid. 8. This Agreement is the sole ab'Teement between the parties with respect to the subject matter herein. and shall be binding upon the OWNER"s successors and assj~."rns in interest. 9. This Abrreement shall he recorded in the otlicial rel.:ords of the County at no cost to the COUI\TY. IN \VITNESS \,\-'HEREOF, the Parties have executed this Ab,Yfecment on the date and year first above written, Attest: DWIGHT E. BROCK, Clerk By: . Deputy Clerk Witnesses; '--iY\Clr".Il~ f'J.u~ __ Print Name'-{YlQr\-\-\ll.. ~"QrcuJo I ! /.', 'I':'tl1esses: ~' J!!.,{.. ,-' I_ ,. '/----; P~,J;nl"- , ':tn'/'u.., STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA, By: JAMES COLETTA, CHAIRMAN OWNER: k/J a :b . - y' /..-W~ .;;yt-''''/ -'1 Silvia Ab'liilar 0 OWNER: I\/A 2007. by Silvia who Tht: foregoing Agreement was acknowledged before Ole this ~ day of IS . (1 ~v-.V . has produced Af!uilar [NOTARIAL SEAL] i ft.'-' "ONES MENDOZA ,; ~uJ~ MY COMM.1SSION ~ 00594447 :">,,'(16I'p EXPIRES'Sq'lItorbe<i2.2010 ~"'",....~-. HNolOf)'llis<w",-"Co r.,..,,,-,.""T,"'"' roved a 0 ann ficiem: : personally known to me or aspr;oof of ideutity" ~I ~ Sign re of Person Taking A'cRfunvledgment I 1/ Recommend Approval: Marcy Krumbint:, MPA Director Collier County Housing and Human Services EXHIBIT "A" Agenda Item No. 16011 May 22, 2007 Flage 5 of 5 LEGAL DESCRIPTION Lot 81~ Independence. Phase II! according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66, inclusive, of the Public Records of Collier Coun!)', Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type oflmpact Fee A. EMS Impact Fee Amount Owed $93.00 B. Correctional Facilities Impact Fec 5109.] 7 C. Library Impact Fcc $192.37 D. Community Parks Impact Fce $632.43 E. Regional Parks lmpact Fee 5631.40 $t,778.00 $4.489.00 F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 5150.24 1. Law Enforcement Impact Fec 583.05 TOTAL IMPACT FEES $8,158.66 J"KAppruwd Agenda Item No. 16D12 May 22, 2007 Page 1 of 118 EXECUTIVE SUMMARY Recommendation to approve submission of the 2007 Continuum of Care (Coe) Homeless Assistance Consolidated Grant Application to the United States Department of Housing and Urban Deyelopment (HUD), and authorize the Chairman to sign the application on behalf of Collier County and the Board of County Commissioners. OBJECTIVE: To secure competitive federal grant funding from HUD to address homeless issues in Collier County and improve the quality of life for very low income and at-risk citizens as required for participation in other federally funded programs. CONSIDERATIONS: On May 27,2003, the BCC gave approval for the County to become the Lead Agency to apply, on behalf of local social service agencies, for the annual ContinUlUTI of Care (CoC) homeless assistance grants from HUD. Included in this consolidated grant application are requests for two projects that will benefit the homeless population in Collier County. The Collier County Board of Commissioners is the applicant for these projects. Each project has a sponsor that, if awarded, will receive funding from HUD through the County's Housing and Human Services Department, to carry out their respective activity. The following table provides a summmy of the two projects being submitted to HUD for 2007 CoC funding: Proiect Sponsor and Title Amount Requested Shelter for Abused Women and Children Transitiona Housing Support and Operations $339,000 Collier County Hunger & Homeless Coalition Homeles $104,645 Management Information System/INCCC fOTAL CoC Request to HUD $443,645 FISCAL IMPACT: The Continuum of Care (CoC) is a competitive grant application process. The County submitted a 2005 request for $622,522 and was awarded full funding for three projects. The 2006 request received only partial funding of less than $36,000. If the County's application is funded, a conditional award notice will be provided to Housing and Human Services by HUD in late 2007. If funding is awarded, HUD will provide Collier County approximately $2,400 to administer the grant. This grant application has no effect on ad valorem or general fund dollars. GROWTH MANAGEMENT IMPACT: Funding of this grant application will further the goals, objectives and policies of the Growth Management Plan's Housing Element. .- Agenda Item No. 16D12 May 22, 2007 Page 2 of 118 LEGAL CONSIDERATIONS: Collier County receives funds from the Department of Housing and Urban Development (I-IUD) through three federal programs: Community Development Block Grant (CDBG), HOME Investment Partnershi.p (HOME) and Emergency Shelter Grant (ESG). The County also utilizes its State SHIP affordable housing funds in support of these programs; which assist the County's low-income families achieve self-sufficiency. As a recipient of federal funds HUD requires the County to prepare a Five- Year Plan and yearly Action Plans to direct the use of these funds. By Resolution No. 2006-110, Collier County adopted a Five-Year Strategic Plan for FY 2006-2010. That plan contains a HUD-required 5 year plan to respond to the County's homeless population. A copy of the portion of the Five Year Strategic PIau dealing ",;th homelessness, together with Resolution No. 2006-110, is included as an exhibit to this item. These grant applications will help Collier County meet these commitments. -JAK RECOMMENDA nON: That the Board of County Commissioners approve submittal of this grant application and authorize the Chairman to sign the application on behalf of Collier County. Prepared by: Susan Golden, Federal/State Grants Administration Manager Housing and Human Services Agenda Item No. 16D12 May 22, 2007 Page 3 of 118 RESOLUTION NO. 2006-~ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A FIVE-YEAR CONSOLIDATED PLAN FOR FY2006-20]0 AND FISCAL YEAR 2006-2007 ONE-YEAR ACTION PLAN FOR $3,2]7,353 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI, HOME INVESTMENT PARTNERSHIPS (HOME), AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING REQUIRED HUD CERTIFICATIONS, APPROVING EXECUTION OF SUBRECIPIENT AGREEMENTS BY CDES DIVISION ADMINISTRATOR, AND TRANSMITTAL TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR .4-"1 EFFECTIVE DATE. WHEREAS~ the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R, 91 requires a Five-Year Consolidated Plan and One-Year Action Plan to be developed to represent a submission for planning and funding for Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDl) and Emergency Shelter Grant (ESG) Programs; WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable communities by providing decent, affordable housing, a suitable living environment and expanding economic opportunities for low and moderate-income persons; and WHEREAS, the Five-Year Consolidated Plan for FY2006-2010 and One-Year Action Plan for FY2006-2007 was developed following the Collier County Consolidated Plan ~ Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the FY2006-2007 One~Year Action Plan will serve as: a planning document for Collier County, and an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and an action plan that provides a basis for assessing Page Illf4 Agenda Item No. 16012 May 22, 2007 Page 4 of 118 performances; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Five- Year Consolidated Plan for FY2006-2010 and FY2006-2007 One-Year Action Plan for the CDBG, HOME, ADDI and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Department of Operational Support and Housing (OSH) to transmit the Plan to the proper funding authority and take all necessary actions for implementation of the CDBG, HOME, ADDl and ESG programs. 1. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan and Action Plan on behalf of the County. 3. The One-Year Action Plan sets forth the dollar amounts estimated for each activity to be funded by the CDBG, HOME, ADDI and ESG Pro!:,rrams. A copy of the proposed projects, funding and beneficiaries is included in the Executive Summary and incorporated by reference. Accordingly, the individual Activity's Suhrecipient Agreement for all CDBG, HOME and ESG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Envirorunental Services Administrator is authorized to Pugc2 uf4 __~"~________'__~___~_~__'_M_"_"__'_"'" Agenda Item No. 16D12 May 22. 2007 Page 5 of 118 execute the CDBG, HOME, and ESG Subrecipient Agreements to implement each such Activity, so long as: I) each such Subrecipient Agreement conforms to the fonnat of the attached blank fonns in the Appendix , adopted and incorporated by reference, and 2) the dollar amoWlt of each Activity and corresponding Subrecipient Agreement is consistent with targeted areas outlined in the One.Year Action Plan, referenced above. The Community Dcvdopmtnt and Environmental Services Administrator, or his de:;jgncc, is authorized to amend all Subrecipient Agreements adopted in accordance with the FY 2006-2010 Consolidated Plan/Action Plan and HUD regulations, as needed, in order to further the goals of the CDBG, HOME and ESG federally funded programs. 4. SEVERABILITY, If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 5, EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. rage3of4 ~'._---~--~~'"-'----'-'-'----"-,,"-~,,--,--,- Agenda Item No. 16012 May 22, 2007 Page 6 of 118 This Resolution adopted this d:; if, day of April 2006, after motion. second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK BY:~~"e~;)' tItAn ClII ,. APpr~e.d tJ fonn and legal f1c rjcy: -- , i;V!~ JeffreyJ..,. Ktatzkow AssistaIl Co~ty Anorney 0.(, BOARD OF COUNTY COMMISSiONERS OF COLLIER COUNTY, FLORIDA ~">-2;e./ FRANK HALAS, CHAIRMAN By: IJ Page 4. of4 :ilaI8. or .FUlItIIIl ::OUlltY 01 CGl.Uet I HEREBY CERTIFY TIlt,; th:$ b D Il'lle ard correct copy ot a oC"c:.,mant ..;!n me in Board Minutes and i'..E.~or,:JS of Collier Count) WI'Tj'Y:ESS my h~? :;""_.' (Jm:.i~1 s:.;al thIs ~ day Of ~l ,;:)Dby. DWIGHT E. BRO~K, C.LiaK OF COURTS 8y, (LA' , . D.C. "'~~.'.., .~ . . "t- ". ~' ~t^' >~.,'"--~-~._---"-_.,,-~'->-,.......""--~-_._~_.". , I Agenda Item No. 16012 May 22, 2007 Page 7 of 118 I Homeless Needs (91.205 (b) and 91.215 (c)) *Pleasl? also rrfer I1l We Horreless NIHis Table in We Nre::Is.xls 'IiDIkbock Hardess N.ms- The jurisdiaion mISt pruzi<lea crrrise "qr".,:try if rheruum!_i exllrl iflxmiess!Y5s in the jlrrisdidia. (irdJ.ding nmd hcm:kssrY5S rJ-:app!i<aUe), addnssil1'(,sep",mdy theneedJarfitaJilies arld,,,,,ile Jar Ixvndes, persons imd Ixm:!ess [mil"" wb ch:kbtn, luh ,br:JJ.e,rrl and Ilnsheltera:i ,m:! Ixrrrdess subpqndatians. in aaoom,e WtfJ Talie lA, II" .<un"''''Y n.lS/ pJiu&' the c!"'rur".eistia ,rnd mds if /":'W iner:n." in:li:ud,.Us ar>i dJi/drm, (espJ."i:t1/:y ex mmiy loo!imJrr.y uho a'~ ammtly ha"ed /;,,/ a", at irminent risk if either n'5iding in -,1x:IJt7S Or' I:nming ,,,,,I.>dreraJ. in addition, (() the e<tet~ infar1"1utUn is awilaUe, We pian mISt indude a Ik,cription ,{ dx rulJ.m! _! exrer~ if IxmdeS51Y5S by ,uaaI ,,,,d etlmic W"p. A quantiutire Ilru!y;is is t1Ct "'1"irrd. {fe' jllrisdiaiorz prmik I3timl1e5 ({d." aH1Sk !,(pdatinrN, it ,IXJlJdalso ird~le. ,b:riplim if /Ix q~ difmitian rfrlx a/.n,k 1r""P ,ud If.... rrulxddt:'l,'j <<sed 10 iP'?",te the tstimws. 5 Year Strategic Plan Homeless Needs RespOllse: I I I I I I I INTRODUCfION The following chart iIlustr:l.teS the fundamental components of what IS called a HOmeless "Continuum of Care System": "Continuum of Care System" OtJtJ'C:1;:;~ (nt.lke .~S:C$S ment i i -...,-.-- I ,,,.,,1 Permanent Housing ... Emergency Shelter T l'2nsitional Housing '.'.",\:;;;',:'C:;;:_;1iji.->;;:".,.3t::.n:::L1JW,'i(;_ I I I I I I I ......'r' ! SUPpo;ci"" Ho~mg ;'.".:':;T'"t'C~~;:;:;:,'.~.-":7:~':,. I I , .~ i-l i Supportive Services o First, there must be an emergency shelter! assessment effort which provides inunecliate shelter and can identify an individual's or family's needs. o The second component offers tranSitional housing and necessary' social services, Such services include substance abuse treatment, short-tel11l mental health setvices, job training, independent living skills, etc. o The final component, and one which every homeless individual and family needs, is peonanent housing or pennanent supportive housing arrangements. . While not all homeless individuals and families in a communiry ",ill need to access all three components, unless aU three components are coordinated within a community, none will be successful A strong homeless prevention strntegy is also vital to the success of the Continuum of Care. I ~""".""'. Collier C'J>unrv F'Y10'06-F".:"2C 1 0 Five~ Yt'.a.l" S~,r:1reff,i.~ Plan .,- -... -_..."--,--"~ . --,-"~.".,...-. ..~".,.,~".. .",".,,-~ -. ,,1 I I I I I I I I I I I I I I I I I I I Agenda Item No. 16012 May 22, 2007 Page 8 of 118 "Continuum of Care" is a datively straightforward management concept that to effectively address the needs of the homeless requires that a combination of needed services (often provided by different agencies) must be brought together in a coordinated manner to help move a family from homelessness OOck to self sufficiency. When the underlying problem is often economic, a more comprehensive governmental response that includes social services, job training. and affordable housing is required to rr:msition people and households from homelessness and governmental dependent to self sufficiency. MOVING FROM DEPENDENCY TO SELF SUFFICIENCY 1 r(():-,;o.\lIcr)f"UOr'Mt~1' .__.L ! ". ~ ~. ~r 1. 10BS II SELF S!1FFICENCY + _.::..~ + i .\Cttss......; I I j " "'~"'.' .c.", 'n.,".... ---... -- ..':'::~~:Y ! ,1:~:\'1(-'F" , !'I;~I'. ~H- ;",,1'< 'In:n:l.X:".l!l I ,';''.!'.!I.'';;ll ":'UJ<..E !"lli"'Ud,.I;'!.'-1 '."_l\.tJiJl'l'-f.\Tt .l '. "[ ""(,iJ\r..r:,,~lf.~~UI'" i .-j Effectively addressing self sufficiency requires a counrywide publici private pannership that brings together into a coordinated effort all of the groups that traditionally deal with the problems on a separate basis. As part of such a "self sufficiency" program, COUnlie<s are also increasing their economic and business development efforrs to provide more jobs for their comrnwlities. Affordable housing also helps in these efforrs because its availability is now an imponant criterion in business location decisions. LEAD AGENCY - ro1"lTINUUM OF CARE The Collier County's Opemional Support and Housing Department prepares the Naples/Collier Continuum of Care for the entire County. Collier County staff actively participates in the Continuum of Care (Coq as the Le2d Agency and supports the priorities established by the CoC The Gty of Fort M,..,rs is no longer the regional HOPW A The State of Florida has asswned this responsibility. The Collier Coumy He:tlth Department accessing HOPW A funds from the State and this plan supporrs their efforts. =_._-,..., {:::uU_:er Co~mty F\'2':;O&--FY10 10 E,!!:-'J-'('lt.!' St;;(t'i"i:.: Pl:Ul 63 I .. I I I I I I I Agenda Item No. 16012 May 22, 2007 Page 9 of 118 NATURE AND EXTENT OF HOMELESSNESS The County estimateS (based on annual January homeless COUllt surveys) that in ZOOS there were 553 homeless individuals and in 2006 there were 513 identified. . 'The majority are families with children. There is an estimate of 73 chronic homeless in 2006 which is an increase from the 44 idemified in 2005. The racial! ethnic characteristics of the homeless mirror that of the county population. In 2006, 83% of the homeless were white and 31% reported Hispanic ethnicity. HOUSING GAPS ANALYSIS The following chan: shows an estimated need for 150 emergency shelter beds to selVe homeless individuals and 90 emergency beds for homeless families are currently needed. The local shelters are at capacity and are seeing more demand for family assistance. "" O>ntinuum of Care Homeless Housing Gaps Ana!~~_ Chait __ Current Under Unmet rnvento". in Development Need/Gal> 2005 in 2005 Individuals US 0 1m 71 0 100 42 4 90 -~--.... -- ..... ..........--.......--............--..... ....... 288 4 340 Persoll$ in Families with Children Eme'1!oncy Shelter 91 0 90 Beds T r.msicior.al Housing rlO 0 125 PemunentSupportive Housing n....n9nmmnnm!9nn.........Jq....m Total 151 10 245 SBmEQninuum<(o... 201$. Beds Emergency Sheltet Transitional Housing PertruUlent Supportive Housing To,,] I I I I I I I HOMELESS PRIORITIES Collier County and its participating agencies have established providing transitional housing for farnilies with children. especially victims of domestic violence and ending chronic hamelessness as twO goals. There continues to be a demand for additional emergency shelter beds and need for new permanent supportive housing beds. STRATEGY TO END CHRONIC HOMELESSNESS Collier County intends to address the chronic homeless popuhttion and to reduce the number of chronic homeless by 50% over the next five years. CGiHC and the county will pursue a 1O.year plan to end chronic homeiessness in Collier County by 2017 through COntinuing ro enhance the community's ability to link, refer, advocate, assess, and coonlinate service deliveries in a cohesive, collaborative effort. This will be accomplished through constant quality improvement techniques to create a streamlined delivery of care s~m within the Collier COunty delivery;uea. Impottant Steps in the next five years include: . Increase the number of transitional and pennanellt beds by 50 . Improve the overall delivery s}'Stem within the community through more effective coonlination. linkage and utilization of setvices and resources . Implement of the tQ.. Year PLm . I f"-'" .._...~'--_.~-_.~.._'---~..'.~_.._-'-_." (~.ollicr C::Our1G'FY2CO(J,--Fl'ZOlO Frye- Y<:3( SU',~kg;:C Fbn .~"...-._~.._._--~..""'- - 64 I I I I I I I I I I I I I I I I I I I Agenda Item No. 16012 May 22, 2007 Page 10 of 118 Strall:gies to reduce chronic homeless include: . Continue to conduct a Gaps AnalJ'Sis utilizing input from stakeholders and recipients of services to ascertain deficiencies in services and assist in the CoC strategic planning. . Continue implementation of the HMIS sJ'Stem and e":pand from 6 agencies to 10 by the end of 2008. . Continue coordination with Projects for Assistance in Transirioning from Homelessness (P A TI-l) which is operated by the David Lawrence lvTental Health Center, an HMlS participant. This street outreach program is designed to engage and link individuals with chronic, severe and persistent menw illness or those who suffer from co-occW'ling and substance abuse dison:lers. . Encourage the Florida Assertive Community Treatment Team (FACT) to track and link tneir services including intensive menw health, subsunce abuse treatment and co-occurring outreach services to the chronic homeless. The work of PATH and F Acr will provide a baseline for the G:mtinuurn of Care. . Coordinate with O>llier O>Wlty Sheriff's Office deputy assigned to work with the chronic homeless populo.tion to improve access to care, ascertain baseline of population, and to educate population on existing resources. . Initiate discussion, education and implementation of a State Housing Assisrance Gram (HAG) application to increase available housing targeted for the chronic homeless population. . Initiate lO.yearplan to end chronic homelessness. Priority Homeless Needs I. Using lhe rrstdcs ({tbe G:tinuuT/1 I.f C'~1r.' :"LtnjzU~ j'nfim. ubrrify rhe iurisdirrm:\ brlffrl(!.$ and bc:-ndtss preu:nr'm piori[~ sp'-"J,iial "" T "He fA , Ehe lknEks "",IS pi N ad> PcrV).,riar5 Gmt 777: dcsaiptim ({ dx:j:.ni~diaioJ7 ~~ dv:ia: if prWri.'Y rro::/s .md dlJililtio1l pnr:rrille; :Tl.(j-[ I~ /:tt'rr./ ern nlraUe li:tt.:z rrz.ttz,,<< H UD ,~j.JJnimi:; 11.ysd :;/-ntl~j rifl.'U tb:' m7lrl/f.n' (,o!1SffhuWn 7..~ilh &.JIn:1e;$ o!Ssl~[,:m..7:.' pnnu-/c'S. lv:nl:fe;s peHan, ilfx.{ alrrmnxnuf ciIi:zfn; 1~;a!{..J7;~ tlY? rm:b: rll::<nEifSs /:miliz -wih dr:L.-mn ,aid. inditidual" TI)(! jurisdU.tia:. nltSt {l'U'lifleana1o::t~:sis ifJ.>(Jwt.&;u'1!1$ if e.'ubwt..'lP'Y0/ rrsida:t:. pn:r..itflirhe lwiJ fi;rdaerrri--ing We reL1cr..e priar:ry ifaxb pntJrUy lxnr!.ess ro:.d caugory. A srpamle brit{n.m:ane ~hadd l'T! dira:ttd to a.ddnssing. ,PI" "" s<",ia, ,r,-d IXJl~i"gfor the slxiuml"-n:i Imsbdu:r.r/ dJltmj, fwd"" 2. A cam-unity s/1(.w/d i"c ,1 bif,t/? pnurz't}' to cbmnieJly IX'lniess ;)(.?-S;W;, d..,?J'C dx juri.-{ljdian i.::L-'nt;!ir:; ,;l-dtL'Tr.1i ,-m..i UJ~btft!.."'r"!'ti d:mJr71L" J.yJlirlcss p:r;arr. in Us 11 [trek;') /'/mt T:!:1'c. H c:nrJcss Pq.7tfL1tiors r..7X{ S~dT{JpHLu.iarr,.. 5 Year Priority Homeless Needs Responsel PRIORITY HOMELESS NEEDS The Counl}'S Priority Homeless Needs match the pnontles established by the Hungty and Homeless CoaIition's Continuum of Care as presented in its Homeless Supportive Housing 5uperNOFA. The County established the copstruction of a permanent supportive housing development in lmmokalee and transitional housing for victims of domestic violence as high pnonty. New emergency shelter beds and permanent supportive housing are medium prioriries. Colli,:. Cuumy F(:~'):)I:>.FY?O IJ FivCcYi~<l1 ~\c.;r:t.'giL [)b_ll h3 ,.._--_._-~,-_..---~,--------<.._"'"-,."'...""-,.~'"~-".----'., Agenda Item NO. 16012 May 22, 2007 Page 11 of 118 I .. I I I I I I I ... I I I I I I I . I 1he County established these priorities in broad based consultation among the homeless shelter/service providers. They reflect a well thought out analysis based on current conditions within the County and the current balance between needs and existing resources. Homeless Inventory (91.210 (e)) Tbe iurisdiaitm ,hall protide a anise ,umrury if (he ex i,ringfat:ili1:i", arid 5eraas (in:luding" bruf immtaryJ Vow .",ist {"mdf5S [..',sars ,,,,,IJ,mifUs,,tth dJildren.m:l ,tlhMJt/luiQ6 fIlmti!",d in T.,He fA. Tbe;e initik cutlt"d, and as"e;;'JrL11t, (-'?Tl:l'[P"X.Y 5heile7S a17.lsr.:?TIf:es. tr.msmo1'/ai lxx!'iil,,& pemt1rl!l1t suppor!ir.elxxc.ir.g, imC'5 (0 p'::mwJt7i! IX<M!g, arid actiwUs In pmmt 100.uurnrr inli'lid:uf.s a/'l'.ijiunilUs u.tth dJild>r:n ("pecially I!X trmrly law i,xxm;) frrynl=,ing IxnnJ"" T1Jei",.;~dicti'm amlG' the 'Priaml O:mtimarmifC",.. H=ingA ai:-.ity Cn.1lt .miS"..ite ,.-:1 a:i:tity Q"ttl1 to ,'1'"1Xt chis ttt]uin'J1rrrt. 5 Year Homeless inoerltory Response: The following provides a summary of emergency shelter. tranSitional, and pennanent supportive housing within the Naples/Collier County Continuum of Care. . Continuum of Care Homeless Population an<:! Subpopulations Chart Part 1: Homeless Popubtinn Sheltered Unshelu:red TOt.11 . .~..._.._ ___...._ ........._ ................._ ____.. ....~.!lJ:m~!:I~.x....~f.~~~~~~9f~:-i...... .____ ._...____. ___'" _"0 -.-. ...."... 1. Homele" Individu.-us 103 38 308 449 2. Homeless Fo...-nilieswith -children J 1 25 0 S6 2.. Persons in Homeless Families with OliIdren 45 59 0 104 Tow (lines I . 2;) .m..ij>9.um......ii"iuu......umjoSu..u... 553 Part 2: Homeless Subpopulatiotl Sheltered UllShelrered 1. O>ronic.llyHorneless' 44 65 109 2. Severely Mentally lU" 22 CptXmIjiJr 3. Olrontr: Substance AbWle4 29 UmlxlIm!d 4. Vetet'3I)S* 41 5. Pe"ons ",ith HlV / AlDS' 2 6. VictiIT'oS of Domesne Viole-nce 3 S 7. Youth IUnder IS """" of "",,)' 62 -'In\lpb:~tcd Count. Samr Onin-if Got: 100'- lbe foUowing provides the County's current <botinuum of Care (<bq services: Fundamental Components in Coe System u Sernce Activity Chart CortlPonent: Prevenuon Services ir1 pl:lC~ by"~ :md Service Provid~rs: R-nral As<;'tance' Coalicion of Florid. Fumworkor:; Organizacion (COFFO), CommunityFoundacion (victims of domescic violence/Fresh S=). Collier County Department of Public Health (?mons living with HIV / AIDS). Collier Count)' Department of Huma..q SeNic<s. GwJ.-tlupe Family Center. Guadalupe Social Services, Immokalee Friendship House, Immokalc:e Multipurpose Multicultural Communiey A<:,;on A;ency (IMMCAA), Sah'l!cion Army. Sholter for Abused Women (victims of domestic violence), St. Matthew, House, St. V"",enc De Paul Society, Collier Couney Housing Authority and a variety of church<s. Utility AsSL""= Catholic amicie" Guad.uupe FmUIy Center, Gu>dalupe Soci:U Services. Salv-.cion Army, Shelter for Abused Womeo. St. M:uthew's House. Sociecy of St. VUlcent d. Paul. Collier Counrv Department of "..~,,_..._..". rn~ ,,,.,,'" C" C".ollier C1l.Ir1ry FY1(106-Fl2018 Pi",:* Ye,1l" St~rcgic PI.1.O 1,6 I I I I I I I I I I I I I I I I I I I Agenda Item No. 16D12 May 22. 2007 Page 12 of 118 Human Services Housinf Rehabilitation, Oty of Napl"" CoWer County Department of Finanew Administr.ttion and Housing. IMMCAA, Empow.rment AlIi>.nce of Southwest Florida (E ASF). Home Mort~t's: Colk:r WWlt}' C.ooperative E~1.cnsion Ser;-;ce loan Consortium, Collier County Departmem of Financial Administration and Housing, Orher Housinr A"sistance; Ler;:tl Aid Service of Collier CoWl~. Florid.i1 RJ.1ra1 Legal Service$; oa: State Emereencv Financw l\s,iscance forHousin. Pn"'r.uTl (EFAH!') Component: Outreach Outreach in place & Service Provide~: Please list the our.reach o1cci.viries. c.g.. mobile Vo1t4 for homeless persons who are living on tho 'treets in the CoC area.. . The Veteran's Horndc:ss Oum:rl program provides outreach to street and she1rered vererans.ln addition, [he Colli!:r Coumy Veteran's Sr:f'Vlces and St. Mar:r.he""'S House are known points of Contact among veterans v.no self refer, . The Seciously Menully ru are provided outreach through both St, Matthews House and David Lawrence Mental l-bJth Center (DLq. 'Ibrough DLe, P ATIl (Proiect for Assistance in Transitioaing from Homeles,n",) program, outreach workers visit soup kitchens, c.unpsites and neighborhoods throughout the most populated areas of G>lfu:r Cou..'1ry. 'When re.o:;oun:es permit, these outreach workers also attempt to rn..-me contact in the more rural arc~ of the county. Other agencies also refer tne seriously mentally ill v.+.o ma}-'nced the services: of these agencies. Through the FAG! (Florida ..\ssemve CbrnmunityTrcatmem) progmm, asserciveoutrcach is provided to- people who are in danger of 'falling through the cracks', including those who are WL"lbJe or unwilling to keep appointments at mental health clinics or centers. Seventy-five (75%) pe",ent of all FAa service, are provided 1 outside of program offices. These services are desigm:d w reach people in whatto<\'er cin:wnsunces or settings they ! maybe in. . For Ou-onic Sub,tanCe Abusers, the primary out=h is through David Lawrence Mental Hoalth Center and St. MatthcwS"j which provides mob~e. s~c:t outrt:ach and targets chronic subst3.I1Ce abusc:~. .l-[V! AIDS infected cli<nts are nonr.ally reached through the results of medical e=ninations 01 homeless. I However, the Joe Logsdon AIDS Foundation is the primary provider of suppo<< services. along ..ith the Collier County Health Department and the Ollidren', Medical Services. . Domestic \TlOtence victims ue sometimes referred through l:twenforcement age:tcies. however the Shelter for Abused Women and OUldren has on-gning outreach and ,uppo<< services to this sub- population. The Shelter provides outreach services in three (3) languages (English, Sponish and Creole) and in both urban and rt.u:>l Collier County . The main contaCt point for runav."3}-" and homeless }Uuth is Lutheran Services, which operateS t:WO emergency ,helters. TI,ese )<lUth shelters = located in Lee and Charlone countie, for youth fro", throughout 'OUl),-.,<<, Florida.. Ou~b. workers ttun with law enfort:ement personnel to can'\'<'1SS the streets for yourh living on the Street. . Th.e an.'1u.u "po!nt-in-time" sun.eyalso provides outreach to \'arious sub-populations of the homeless \\tho are cun:enrly residing in camps and other areas where volunteers and agency personnel conduct the annual homeless ,ur'ley. As part of the Coalition', outreach effo<<, personal hygiene items and Wninared Informaoon & Referral ca.-d, in both English and Sponish arc provided to all persons interviemd. These cards provide homeless individuals with . listing of service, and .gencies in rt.u:>l and urban Collier County. In addition, the Get Help clinic.s held in conjunction v.ith the PIT provide an additional opponunity to outreach to those in need of show::rs. medical ';:.11::, foud. ..:]othtl1g, s:rvices and other necessities.: C..ompone:nt: Supportive Services S...rvil.~" in place bv~ and Service Pmvide~ ! else Ma.I"\:lremem:: The majority of ~encies provide their own case management. Collier County does not have a i cemr.ilized physical location for int:1kd ease tlUUlagcmcnt in ,his geogr:rphically large county, Ho"""",r, the Collier . County HMIS project has developed and implemented a standudized inroke 2J'ld ...'...ment lonn. /U the pre'ent time, t.~e following agencies provide cilse management: Collier Counry Dc-pt of Hunun Services, Shelter for Abused Women & Childrenj St. M.tttbews. House, W'olf Apmmenrs, SL VUltent de Paul, Catholic Glacioes, Salvat;on Army. Guadalupe S",W Smice" Guadalupe Center, Fim As,embly 01 God. Irnmolulce Friendship House, IMMCt\A, David Lawrence Center fCoW.r ...~i.)Uin- C)UlHY FY2D06~FY2C'10 l-'iv.... Y t;';tr :)tr.,Lt:gic: Plan --'. -~-,,- _."~-,., i;7 Agenda Item No. 16012 May 22, 2007 Page 13 of 118 I . I I I I I I I ... I I I I I I I ~ I I'lou~ing Altt:m~uves!PAn-o. FACT. CoUier' Couoxy Housing Authority. C..ollier ('Dumy Veter:m's Ser\~ccs. Maverick I-fuuse and Sunlight Horne. r if. SkiU,. St. Mmhew's House/Wolf Apartmeots; Shelter for Abused Women &: OUldren. Fim Asoembty of God; Salvatioo Arm); Suerlse/'IEOi; Goodwill lndustries Alcohol &: D"l~ Abuse T",,,ment: David l.awn:oce Mental Health Center/PATH; FACT; SL Matthews House; First Assembly of God; New C",nmandment Ministries; WINGS; Maverick House Meot.! He.Jth T=o:mena David Lawrence Memal Health Center/PATH; NAMI; Naples Community Hospital; Cotholic Glllrities, FACT A.1DS ,.,.b,ed =: Joe Logsdon Foundation. Collier County Health Department and Collier Health Setvices Edllc>tion: Collier County Public Schools/Homeless won; Florid>. Dia&nostic &: Learning Resource (FDLRS), TIle Learning Connecuon; PACE Center for Girls; Vrr Tech & Bethune F.mp1o:-nn~nt A!isi!i't:mc:e: Workforce Development Board; Agency for Workforce Innovation; COFFO; IMMCAA, and Empowerment Alliance Child Dre: 0Ulde= of Southwest Florida; S.!vation. Army, Boy.; and Girls Qub; Guad2lupe Ce= ReMA, and Y oum H1ven Qthcr: Senior Friendship O:nter, Senior Connections; SALT/TRIAD, Neighborhood He.Jth Oinie, Depanment of o.i1dren and Families; Collier H:tzvest; Hanyo.apin Food Bank; elC. PERSONS THREATENED WITH HOMELESSNESS HtJD believes that poveIt}' level rental households paying over 50% of their income for rent (severely cost burdened) are the most likely to be threatened with hornelessneS$. In 2000, there were 2,763 poverty level rel1Ier households in Collier County-that met this criterion. In the January- 2006 Point-in- T= count, the cx::HHC identiflCd 434 individuals who were at-risk for homelessness. In addition, with the escalating number of condo COnversiOns, more families and individuals are being forced from their rental units at an alarmiog rate, -~.__.~.- Cr,ilier C:Olli"1t:... fY2006-Ft2010 Fi.ve- Year S1:!";l:eglcPb.'-1 ~~..._.,.. .. ,.._".....~_. 6fl I I I I I I I I I I I I I I I I I I I Agenda Item No. 16012 May 22, 2007 Page 14 of 118 Homeless Strntegic Plan (91.215 (c)) 1. FI&Il!.esSrE55- D~crib: rhciurisdiaial:" s;:m!~ fur {leukping ,2 S).'lwn to fulrbrss f:J07Zdessrl'S5 .vd rhe p7i.arii:y rm6 rf /xmks fX'YS<ni arrl pff":Jie (in:I",1ms d:>! "Jpr.p.dori,,~ """rr'.fiai in the ",,,k ,~. 1'1:., prisdictit;n S 5/T.atgy rmsr {'rnider d:>! ixMi'W,."rId s"pprllme Smlm needed in w<h 'I,'~ if d:e pnllls v:lJidJ i"""ides preu:rlr-;"I!. htndesS175S, (<(!rauh/ assess"""" arqpz::y shell<'YS mrl5erias. transit:im"L l=s&:g, and helpi>-x,s hunks, pexsans (<spaiaLly .~' pexsm dm "'" dm:ntKaJly IDre/e;s) rmke d:>! tr..m;iOOrr to permmcnt Ix.<sv.s arrl irrlt.pendent liW/& The jlmulUtim m~' also ,kscrik its str""W fol' helping c'( nr=Jy k,.,,(J and law i"com: irar.:idu.J, and,!:",nilies :Jx, are at imni.na~ risk if brcming homk;s. 1. Chr!J171c 1xm>k5r1t!S,;..-.De;crik d:>! jllrisdiaims s"'1C<gYji1relimimtingd,ronic Ixmks$1l:Ss I" 2012. This .I1>cdd ~"""ide tI:e StT.7leilyji1r heI.pirr,; borrde<.< pm",s nuke the tm,sitian to pcrrmn~u 1xurins and indepm:lem thing, This sh""'lO' sherdd, 10 tlx mxx imm e>: rent. f=iHe, h: crordin:/ta:l wth r.1:e ;erar.,,' pr5ermi E" I:.bit I (f d?l! OJru:imUffll if Cere (Of:;) "pphc.twn.,nd "'1)1 ar..:r strategy Or pld/'l 10 dimim", chrmic lrrrelesSl>"S. Also rkscrJrc, in" "'rrcltiu:, rrd.tlU:.~hips an-lljftm.< 10 ward;,.",,, dx ChtpLn, coc:; ,/rrl ar~' akr SlrilUgy ar ptm to ..-u1drcss chmnic lX1'J'1:/eSlrls. ,1. flrrnies~l'~) Prt7f.:n!iafJ--Dr3crilt;: rheiurisdiaims scm~ wrop prr:u:.7tJ J-xrrrJ.t.sS?Y:iS /f;r im~ alul ,!:mi1ie; .If.itJ:, <hi/dim .,J.u an! a1 Vrmbv4 ";..<1, if hrxn"i/I, hcmje;~ 4. f)f;titutim:l Strudum-S,ieftydescril"" the Ursolutiaul S"'ldJm" i"dlldini',/l=tI1: i".",try. fl;Jrl-prrfot ("h!:u,'"ri;:dblJTi5, .u;:! puUir instit.ut:i1n. tlmJ~uhU.h d:t~jla1sd:P.:ricr.rri11 iZlr'J)' ~(/ liS lx:m:1crsrC;$ S17<Jt~ ,. Dis,h"!f! OxrrrbwUm Pcll/e;-E u:ry jmisdiaim nIJi..irg M cKimry- VenID Hrmiess A "i,t,,,,,,, A (t Emlr[prySlxdler Gmrrt (E .I G), S,rpfX11'ttu: Hru;1rrg, ShelterP!us Cm; or .1=,8 SROf'rrw;vn.fiw& nu;t dei..dcp ..m in-pimln! (/, 07~,dl;trg:' Onn:/irution Pdicy. to fLe mt\; tm.ut1 (X ti:-tt fJlilfJ:'j:d-;/,;, Sud) <1 pdi.cy ,hadd 'n.M ''prlicf5 and prn'a:r/,,;iirr the disdwWrf fX"'= frrrr'pu1iidyimrl b~ti1Jr!l(7t5 ar.C}'lem if em: (5w:h lIS lJc!tdJh m:n:f.u;iiiliEs. fCXf.er GlTe OY'ctkTy;rd.h facilitits. or cmnrtirn prognmt ani in;rJJft1ot1s) in cwicr to preu::nt such disdJ::~ fiv71 wn-limdy rn;uf1:i.lg in fxrn!.(Ss rx:ss fOr siKh !~!r5on;. .. "Fly: jttrig{;"crDl sJxufd d:scri}f:!!s pfalmxf aai:r.i:.i!5 :0 impIar.enr. a Ctkiu. cr.tr1'runll)L'Uide Di,.::ha1~ C.rordi,'1i:L.'it.:rz PriiLy,.:nl hcnvdJCa'mf7,tnityuiil ffVrI! tUlflt'lrt' sum a rxJirv_ 5 Year Strategic Plan Homeless Str~tciic Plan Response: 1. HOMELESS STRATEGY Under the leade~hip of the Q,lJier Q,Wlty HurtgIj' and Homeless Q,alirion (CCHHq, Q,llier Q,unty has forged a successful coumywide Q,ntinuum of Care for the Q,unty's bomeless and those threatened with bornelessness. Tbe Q,alition includes more than 60 agencies within its Q,ncinuum of Care. The Coalition conductS a census of the homeless annually, The most recem point-in-ti.!ne "''as held in January 2006. cx:HHC is currently implementing its Homeless Managemem Information System (HMlS) with six agencies paniciparing. The HMIS system is expected to expand to ten agencies in the near future. Tbe Q,alition has initiated discussions on a Ten- Year Plan to end chronic homelessness, As the preceding Q,nrinuum of Care Service Acrivity Otatt displays, the Coalition has in place a netwOrk of service providers who provide homeless prevention, outreach, shelter and supportive services for the Q,umy's homeless. The COC also focuses effotts on the at-risk of homeless population which has been increasing in recent ~al"5. The January 2005 cowtt identified 89 individuals at risk and by January 2006 the number had increased to 434 persons. -,- Q)l1i'..'r COCtEV F(20Dt;,-Fr'2G IQ Fi\--e. Y~r S~...ne~' Pb.J1 f,9 Agenda Item No. 16D12 Mav 22, 2007 Page 15 of 118 I I I I I I I I I IlIIIl I I I I I I I -"1\ I HOPWA The City of Fort M}t!l'$ is no longer the regional HOPW A. This responsibility has been assumed by the Stare of Florida. The Collier Coumy Health Department utilizes HOPW A resoun:es through the State. 1he Q:.unty will continue to support HOPW A efforts within the County. PRIORITIES The foHowing chart demonstrates the CoCs 2005 Priorities. The Naples! Collier County Continuwn of Care successfully competed for 2005 Supponive Housing Project (SHP) funding and the three local projects listed below were conditionally awarded $622,000. Continuum of Care: Project Priorities Chart - 2005 (1) (2) (3) (4) (5) (6) (7) Applicant project sponsor Project Numeric --R.equested Term Program anti Name Prlorlty Project of Component Type* Amount _ject SHP SHP mb~ : new l"ftnew new r-ene I ! Collier County Board othelter for Abused 5AWCC 1 'transitional $225,267 3 (yrs) rH CCCJnty Women and Housln,g Commissioners Children Collier County Board o;,5t. Matthew's 2 I r (yrs) Wolf $291,610 PH County CommissJonersJt'louse Apartment's I I perm I , I hOUSln'l Collier County Board of~ollier County "IHMIS/INCCC 3 I IHMIS S104.645 1 (yr) County Commr$S-io-ners~~nger 8:. Hometess expaMIQI'l Ij,;\lltlon rene\l\(e~ .-total Reouested Amount: S622,522 I 2. STRATEGY TO END CHRONIC HOMELESSNESS The Continuum is discussing issues/needs related to the chronic homeless and exploring a Strategy to end chronic homeless by 2017. 1he COC is considering efforts to: L Increase outreach to bring homeless into Continuum of Care process, 2. Expand the supply of permanent supportive housing. 3. Focus on mental heaith/ substance abuse cases. 4. Increase access to income suppons, job training & employment opportunities. In the coming i'ear the cx::HHC and its member organizations will begin to develop a ten-}t!ar plan for local consideration. 3. HOMELESS PREVENTION STRATEGY In 2000, there were 2,763 poverty level renter households within Collier County pa}'ing over 50% of their income in rent. H1JD believes this group has the highest potential for becoming homeless. As the Continuwn of Care Service Activity chart displaJo!;, the Q:.ntiOllllm members provides direct .~-~ GJUicr ~-::OlH1[Y fY2QO~).. FY1Dl D P;w', Year 5, f';]lc~i( ["tIn <..,....~~-_._"'''~- - --"..,.~' ;. - ". 7-:) I I I I I I I I I I I I I I I I I I I Agenda Item No. 16D12 May 22, 2007 Page 16 of 118 fimmcial aid and counseling services through a variety of agencies to families and individuals in danger of becoming homeless. There is a need to increase homeless prevention services. 4. INSTITlITIONAL SfRUCfURE 1he Department of Operational Suppon and Housing is the lead agency for the Naples/Collier Continuum of Care. T,,'enty nonprofit agencies participate in the Concinuwn. G>lIectively they provide a complete G>nrinuum of Care for the G>unty's homeless and at- risk of homelessness population. 5. DISCHARGE COORDINATION POLICY The Continuum works with local law enforcement agencies and with its local medical community to reintegrate persons leaving public insritutions. These services include state programs for ex. inmates to receive substance abuse treatment, and the state'S Inmate Participation and Accountability Program for Community Tr.msition (IMPACT). The Continuum also includes these individuals in its Outreach programs. Collectively, these agencies also panicipare in pre-booking intervention programs for petsons with menu! health or substanCe abuse and with juvenile offenders. As the Lead Agency, the County will hold an annual discharge coordinating meeting of local institutions and service providers. OBST AUES TO MEETING UNDERSERVED NEEDS The major obstacle to meeting underserved needs is the continued cutback in federal and state funds for these programs, especia:lJy mental health! suhst:lIlce abuse programs. This is especially important since the majority of the chronic homeless may be mentally ill chronic substance abusers and! or dually dia,,"I1osed. Priorities and Specific Homeless Objecti,,-es The County supports the priorities of the Continuum of Cue. Collier County's Specific Homeless Objectives for FY2006 through FY2010 are: . Provide funds for emergency shelter oper,ltions. Benefit to 625 homeless. Federal Funds: ESG/. State/Local.: Olallenge Gram/local match . Expand the number of emergency shelter beds by 50. Federnl Funds: CDBG. State/Local. HHAG Grant/Private donations . Provide funds for homeless prevention for 500 families. Federal Funds: ESG/TBRA Srnte/Local.: O1alIenge Grand matcb/ donations . Expand the number of tranSitionaL' permanent supportive housing beds by 50. Federal Funds: SHP/HOME/CDBG. Local.: SHIP/LocaL Note: Matching funds forme Ese program will be provided byme subrecipiel1!S who receive funding. ".. ""'-_"'-_~....."~-'-_~"""'''~__'"_'' ,,,,,,~,,,,"'''',''~~e en ni~r Cm::-.tj' r- {20:)(j. F"{ 2C j 0 fiv::- Y::ar Strai.ept: PI:ln """,_",,",__,,,___,-_,,~~ _r_ 71 Agenda Item No. 16D12 May 22, 2007 OMB ApprOlFiltlllOB 15lJiIltJ111S (exp.3/31/10) 2007 Exhibit 1: Continuum of Care (CoC) Application U.S. Department of Housing and Urban Development Office of Community Planning and Development OMB Approval No. 2506-0112 (exp.3/31110) The information collection requirements contained in this application have been submitted to the Office of Management and Budget (OMB) for review under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). This agency may not collect this information, and you are not required to complete this form, unless it displays a cUITently valid OMB control number. Information is submitted in accordance with the regulatory authority contained in each program rule. The information will be used to rate applications, determine eligibility, and establish grant amounts, Selection of applications for funding under the Continuum of Care Homeless Assistance are based on rating factors listed in the Notice of Fund Availability (NOF A), which is published each year to announce the Continuum of Care Homeless Assistance funding round. The infomlation collected in the application form will only be collected for specific funding competitions. Public reporting burden for this collection of information is estimated to average 170 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. To the extent that any information collected is of a confidential nature, there will be compliance with Privacy Act requirements. However, the Continuum of Care Homeless Assistance application does not request the submission of such information. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties (U.8.c. 1001, 1010, 1012; 31 U.S.c. 3729, 3802). Previous versions obsolete Fonn HUD-40090-1 Agenda Item No. 16D12 May 22, 2007 Page 18 of 118 Part I: CoC Organizational Structure HUD-defined CoC Name: CoC Number* I Naples/Collier County CoC..__. I FL-606 I *HUD-defincd Cae names and numbers are available at: WWW,hUd.gov!OffiCeS/adm/grants/.fundsavaiLCfm.IfYOUdOJ t not have a HUD-defined cae name and number, enter the name of your cae and HUD will~~_si~2:'.SIU a numbe~_. A: CoC Lead Organization Chart ~ . , CoC Lead Organization: Collier County Housing and Human Services CoC Contact Person: Susan Golden, Federal/State Grants Administration Manager U"""'TState: , FL .L. 239-403-2331 I , Zip: 34112 I I I I , -J -1 ..,--.., I I ---.J CoC-A Contact Person's Organization Name: Collier Connty Housing and Human Seryices I_~ity: Naples 1.~~~~:.Number: 239-213-2901 I Fax Number: I Email Address: susangolden@collier~O\'.~~~ Street Address: 3301 East Tamiami Trail B: CoC Geography Chart Using the Geographic Area Guide found on HUD's website at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. List the name and the six-digit geographic code number for every city and/or county participating within your CoCo Because the geography covered by your CoC will affect your pro rata need amount, it is impOliant to be accurate. Leaving out a jurisdiction will reduce your pro rata need amount. For fmiher clarification, please read the guidance in Section III.C.3.a of this NOFA regarding geographically overlapping CoC systems. I i Geographic Area Name 1_.____.....___....__,-.. ....---,.,. I MARCO ISLAND , NAPLES COLLIER COUNTY IMMOKALEE -'-' - -'~'_._.._--,-,----_...._..- I EVERGLADES CITY i r-z~;~t'-l , Code 121874 122064 129021 No Listin No Listi~ ..._. .I Collier County, Florida I Geographic Area Name ,'---"--- --' --... f--- I ~~-,~.-'- -----'~._._. -- --r 6-digit I ._-~~ , ! I i , -I I I ,...J __._. .--.J CoC.B --_.~------:- L-,___,___ ~ 2007 Continuum of Care Exhibit 1 F ann HUD-40090-l 1 Agenda Item No. 16012 May 22, 2007 Page 19 of 118 CoC Structure and Decision-Making Processes C: CoC Groups and Meetings Chart I ! Meeting Frequency (check only one column Enter the J number of organizations/ ! entities that are I members of I each CoC .:;. 'E -; :f' planning group i 1:: ~ :; listed on this I ~ ; 2 chart. 0' .. -< CoC-Related Planning Groups ;.,,, - ~ -= 0 =:>: o :;::;; Exam le: CoC Primar Decision-Making Group __ ._. _~~ Name: River Count Continuum of Care Executive Committee [J[IIlI 5 Role: 'I!Thi~ group ~~ets to address current issues, set agendas for full CoC meetings, and detennine ro ect nontlCS. COC Primar Decision-Makin Grou list ani one rou ,Name: Collier County Hunger & Homeless Coalition Board of I Directors ,Role: Fiduciary responsibilities of the Coalition; motions/actions to carry out I operations; approval of strategic goals and direction of the CoC committee; oyerall oversi ht of roiect develo ment and im lementation Other CoC Committees, Sub-Committees Work rou s etc, IName: CoC Committee X 9 Meeting monthly to address goal and strategic development/implementation; planning Role: and assessment of gaps in services; networking to improve overall delivery system; im rove education, information and access to mainstream resources. Name: IHMIS/INCCC Steerin Committee X 8 Monthly meetings to address issues related to HMIS/INCCC (Information Network for the Communi of Collicr Coun ); make recommendations to Coalition Board; etc Name: Blue Ribbon Committee X 5 Assessment and feasibility of proposed projects in meeting current needs of homeless; evaluation, seorin , rankin and ro'ect riorit ofSu erNOFA ro osed ro'eets, CoC-C 9 Role Role Collier County, Florida 2007 Continuum of Care Exhibit 1 FDlm HUD-40090-1 2 Agenda Item No. 16D12 May 22, 2007 Page 20 of 118 D: CoC Planning Process Organizations Chart List the names of all organizations involved in the CoC under the appropriate category. If more than one geographic area is claimed on the 2007 GeOb'faphy Chart (Chart B), you must indicate which geographic area(s) each organization represents in your CoC planning process. In the last columns, identify no more than two subpopulation(s) whose interests the organization is specificallv focused on representing in the CoC planning process. For "Homeless Persons," identify at least 2 homeless or formerly homeless individuals. Do not enter the real names of domestic violence survivors. SCHOOL SYSTEMS / UNIVERSITIES Collier County Public Schools/Homeless Liaison ._ Florida Gulf Coast Univ.-SW Fla. Homeless Coalition LAW ENFORCEMENT / CORRECTIONS ~._""-_.'.~'- Collier County Community Policing-Mike~elson Collier County Sheriff's Office-Domestic Violence and Human Traffickin~__.__._____.__~_ LOCAL WORKFORCE INVESTMENT ACT (WIA) BOARDS ~~~--~..,-~ Career and Service Center OTHER Legal Aid Society of Collier County NON-PROFIT ORGANIZATIONS American Red Cross --------...--...,-. . [)avi~Lawren.c:e COmmunity Mental Health Center Child Care of SW FIOlida -- ._..---~ Shelter for Abused Women and Children _Quadalllpe Center . Immokalee Friendship House Collier Harvest ~~-_. Our Mothers Home of SW Florida Youth Haven FArfH-BASED ORGANIZATIONS ---~-,--- .First Assembly of God Ministries St. Matthews House/Emergency Shelter and Wolfe A aliments/TH and PH Collier County, Florida i'- I Specific Names of All coe Organizations Geographic Area Represented Subpopulations Represented, if any* (no more than 2) :0: o .... u " '" u - ...J Ol ;:, Il. STATE GOVERNMENT AGENCIES Del?l:..~f Children and Families Collier County Health DeptJWIC LOCAL GOVERNMENT AGENCIES Collier County Housing & Human Services De aliment .-----------.--- Collier County Dep!. of Veteran Affairs PUBLIC HOUSING AGENCIES Collier County Housing Authority/Sec 8 :0: o ... u " '" ~ .... ~ :> Q! Il. COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY Y SA SMI SA COLLIER COUNTY SA SMI SA SMI ___I Form JlUD-40090-1 3 COLLIER COUNTY 2007 Continuum of Care Exhibit 1 Agenda Item No. 16D12 May 22, 2007 Page 21 of 118 Catholic Charities Salvation Almy Society of SI. Vincent DePaul First Baptist Church of Naples FUNDERS I ADYOCACY GROUPS United Way of Collier County Department of Children and Families Agua Fund, Inc. National Alliance for the Mentally III Mental Health Association - . Community Foundation of Collier County BUSINESSES (BANKS, DEVELOPERS, BUSINESS ASSOCIA-':!ONS, E.I<::.) ._Best of Eve~\'illg Able Body Labor E-g.larity, Inc. HOSPITALS / MEDICAL REPRESENTATlYES ----- .---~~ NAPLES COMMUNITY HOSPITAL NEIGHBORHOOD HEALTH CLINIC HOMELESS PERSONS --,-- .... M. Reyes-transitioned from shelter into markct rate aj:lartment and full time employment C. Alden. transitioned from shelter to permanent housin OTHER .-----.-.-------- - - -------..----.-- --- --- *Subpopulations Key: Seriously Mentally III (SMI), Substance Abuse (SA), Veterans (VET), HIV/AIDS (HIV), Domestic Violence (DV), and Youth (Y). COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY Y Y COLLIER COUNTY COLLIER COUNTY ----+-- COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY SA SMI SMI Y SA SA CoC-D Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD-40090-1 4 Agenda Item No. 16012 May 22, 2007 Page 22 of 118 E: CoC Governing Structure Chart HUD is considering establishing standards for the governing process and structure of Continuums of Care. As part of this consideration, HUD is gatheting information on existing governing structures and processes in CoCs. Specifically, this chart asks for information about the primary decision- making group that you identified in Chart C: CoC Groups and Meetings Chart. No requirements are in place yet; however, the information that you enter will inform HUD's decisions about how to move forward with standards in the future. Please note: a response to each question will earn full credit for this chart. 1. Is the CoC's primary decision-making body a legally recognized organization (check one)? ~ Yes, a 501(c)(3) 0 Yes, a 501 (c)(4) I ! 0 Yes, other - specify: 0 No, not legally recognized 2. If your CoC were provided with additional administrative funds from HUD, would the primary decision-making body, or an agent designated by it (e.g. a city or non-profit organization), be able to be responsible for activities such as applying for HUD funding and serving as the grantee, providing project oversight, and monitoring? Explain. The primary decision making entity, the Collier County Hunger & Homeless Coalition, Inc., would have obstacles serving as the primary grantee, providing oversight and monitoring due to limited staff (1 FTE) and capacity to provide these functions adequately. However, the Coalition currently contracts services for grant application, funding, oversight and monitoring with a dcsignated Lead Agency, Collier County Housing and Human Services which has capacity to provide the current and expanded aforementioned services. The Lead Agency has provided the needed services for the past several years, monitoring !,'1'ants and functioning as the lead fiscal agent. If additional funds became available the Coalition and Collier County would coordinate on providing the required services. 3. What percentage of the decision-making body membership represcnts the private ! sector, including non-profit providers, homeless or fOlmerly homeless persons, 89 % advocates and consumer interests, etc.? 4a. Indicate how the members ofthe primary decision-making body are selected (check all that apply): ~ Elected 0 Assigned/V olunteer 0 Appointed 0 Other - specify: Collier County, Florida 2007 Continuum of Care Exhibit 1 F ann HUD-40090-l 5 Agenda Item No. 16012 May 22. 2007 Page 23 of 118 4b. Briefly explain the selection process. (For example, if 5 members are appointed and 6 are elected, explain why this process was established and describe how it works.) All of the Board of Directors are elected to positions of Office and as members of the Board. Individual stakeholders interested in becoming a Director must present a letter of intent, signed by the President or CEO of the company or organization they represent, if applicable, at a Board Meeting. Individuals representing themselves or their own business must submit a letter of intent. The Board of Directors shall approve or disapprove the nomination by majority vote at the time of the meeting. Directors may serve as Officers for up to three (3) one year terms with a majority vote from the Board of Directors. Board of Directors, not in position of office, may serve an unlimited number of consecutive terms if their participation levels are in compliance with attendance mandates of 67% or 2/3rds of all board meetings. This process of longer terms for office was modified and extended to imorove continuitv, knowledge aud skill of current Officers, and for overall orom:ess of the Coalition. 5. Indicate how the leaders of the primary decision-making body are selected (check all that apply): [8J Elected D Appointed D Assigned/Volunteer D Other - specify: Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD-40090-1 6 Agenda Item No. 16D12 May 22, 2007 Page 24 of 118 F: CoC Project Review and Selection Chart The CoC solicitation of projects and project selection should be conducted in a fair and impartial manner. Please mark all appropriate boxes to indicate all of the methods and processes the CoC used in the past year to assess project(s) performance, effectiveness, and quality, particularly with respect to the Project Priorities Chart (CoC-Q). This applies to new and renewal projects. Check all that apply: 1. Open Solicitation ----- a, Newsoapers 0 d. Outreach to Faith-Based Groups lZl b. Letters/Emails to CoC Membership lZl e. Announcements at CoC Meetings lZl c. Responsive to Public Inquiries lZl f. Announcements at Other Meetings lZl 2. Obiective Ratin!! Measures and Performance Assessment a. CoC Rating & Review Committee Exists lZJ j. Assess Spending (fast or slow) lZl >( b. Review CoC Monitoring Findinvs lZl k. Assess Cost Effectiveness lZl Review HUD Monitoring Findings lZl I. Assess Provider Organization lZl c. Experience d. Review Independent Audit lZl m. Assess Provider Organization lZl Capacitv e. Review HUD APR for PerfOlmance G?I n. Evaluate Project Presentation [g] Results I,~-.l. f. Review Unexecuted Grants 0 o. Review CoC Membership Involvement LSJ g. Site Visit(s) lZl p. Review Match lZl h. Survey Clients r')/1 q. Review All Leveraging Letters (to lZl u ensure that thev meet HUD requirements) i. Evaluate Project Readiness GSJ 3. Voting/Decision System a. Unbiased Panel/Review Conunittee lZl d. One Vote oer Omanization I J b. Consumer Reoresentative Has a Vote lZl e. Consensus (general agreemcnt) lZl c. All CoC Members Present Can Vote 0 f. Voting Members Abstain if Conflict of lZl Interest L. G: CoC Written Complaints Chart Were there any written complaints received by the CoC regarding any CoC matter !81 Yes in the last 12 months? o No If Yes, briefly describe the complaints and how they wel'e resolved. A tenant of Wolfe Apartments permanent supportive housing program tiled a complaint with the County and Miami HUD regarding non-renewal of lease without written cause/justification. The Collier County Housing & Grants section initiated a review of the complaint and provided infonnation to Miami HUD. In addition, the tenant filed a housing discrimination compliant with HUD which was investigated. There have been no other complaints. Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD-40090-1 7 Agenda Item No. 16012 May 22, 2007 Page 25 of 118 Part II: CoC Housing and Service Needs H: CoC Services Inventory Chart Using the format below, list the provider organizations and identify the service components currently being provided within your CoCo Place the name of each provider organization only once in the first column (add rows to the chart as needed), followed by an "X" in the appropriate column(s) corresponding to the service(s) provided by the organization. CoCs will only need to update this chart evcry other year; as such, the CoC may choose to provide the chart submitted in the 2006 application. 1- _H...___,__..n_. -.-.. I (1) (2) (3) (4) Prevention Outreach Su lDortive Services I ! I I i 01) I " .S I >, ~ OJ " i;l ~ u " :< '" ! '" u '" ;j '" " ~ 0 " ~ 0 Provider Organizations .~ u > ~ " 01) u '" "0 ..<: ~ S 2 ",I ~ .~ - -< i;l u '" .:1 " ..<: .S -< ~ bJ, " :9 01) a - ~ ~ ... ~ ~ '" " ~ .;; ~ all " ~ [Jl " ~ ~I-< -< S ::; - .0 ~ a '" s 1:: -< U - .S ~ OJ 0 '" :;s .~ '0 u :;: >, u 0 ~IOJ " " .... OJ " ! .~ ~ il'] W cnl~ .s 0 g- ." ~ OJ '" ~ g 0. :s! 1:: '" " " '" > '" - 01) .~ ~I u i o " 5 c~ ... 0 ~ " Jl lti '" " iil :;s '" :.::l ::;: - "" .:: :;s!~ ...l ...l ~ ~IW ~Department of Children a!ldFamilies x x + x I-- I - - --- - --r-- Collier County Health DeptlWIC I x x x x x x i -- Collier County Dept. of Veterans Affairs x x .--1 x Collier County Housing & Human Services x x x x ! x ~-' IX_I - ,Legal Aid of Collier County ,x J. ...-- - Collier County Housing Authority 1 I I , ! , Collier County Public SchoolslHomeless -~~ I .---- Liaison x 1 x xi x .--..-.--- - Ix -. Collier County SheriWCommunity Policing ICollier County Sheriff's Office/DV - i - ~H= ~k~ I x I x , . m__ ---..- , iCarccr and Service Center , x, I IX 1A'~~rican Red Cross x x x: i I L!x , x ~ Matth~~; Hous~:ES, TH, PH - x x x I x x x x x .-- , iraVid Lawrence Community M2'ntal Health p,-- I x x Ix x x - ~-r- Child Care of SW Florida , I I '-I x x + x x ~j i Salvation Anny I i ~ , x x x x X I I r Shelter for Abused W ome~-~nd Children x x * x x x x x Ix x ~ Vincent de Paul Society x iX -j t Ii, --- ' .. ~-; , ~tholic Charities x Ix , x ! I I x x x 1 x x I - _.-L --- -,-~- I.J x'_-L__q !Immokalee Friendship House I I , I , X I X X X x I , L .--. i ------- I I x ! x 'IMMCAA x x x jffi- -- c -- --+ Neighborhood Health Clinic =il- -. ' x f I i I --- - ~-~r~ First Assembly of God/Campus of Care x x x x I . . ----L..L_ -- ---t--- IPhys~c~an Lead Access Network (PLAN) _L I xi. _L J___L__J CoC-H Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD-40090-1 8 Agenda Item No. 16D12 May 22, 2007 Page 26 of 118 CoC Housing Inventory and Dnmet Needs I: CoC Housing Inventory Charts This section includes three housing inventory charts~for emergency shelter, transitional housing, and penn anent housing. Note that the infom1ation in these charts should reflect a point-in-time count. For the Permanent Housing Inventory Chart, the beds listed under "new inventory" should indicate beds that became available for occupancy for the first time between February 1,2006 and January 31,2007. For complete instlUctions in filling out this section, see the InstlUctions section at the beginning of the application. 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"-0 ~ ,8 D~ ~ "E"E~ ] ~~; "d 0.. 0.. c c .... - " ;:I ro ro 0 ~ ~.g~ I ;> .:; 0 a :.a:.a2 ~.'-'.,E,Ec ~~"2L~ _S"'oo"8 I' 0 ro..... ~ ~ ~ I-.'=:: ~ U) ~ ~ g ...... g ~ 0 - " ~~ ~ U "d - 8 en;J s......ca- .glJ)O~~ en ~S E-< = c ~C~v-i:.::3 N - - 2, '" o o ,- o ;:J ;I1 s o "" - ~ li ;E ~ '" ~ ~ " u ~ o S " " ,3 " o U t"- o o N :S! ~ o ;:: ;:; " " o U ~ ] '0 u Agenda Item No. 16012 May 22, 2007 Page 30 of 118 J: CoC Housing Inventory Data Sources and Methods Chart Complete the following charts based on data collection methods and reporting for the Housing Inventory Chart, including Unmet Need dete1111ination. The survey must be for a 24-hour point-in- time (PIT) count during the last week of January 2007. o [8J [8J [8J o o check all that a) I forms [8J o o o o "'The HUD Unmet Need Guide and Worksheet can be found by going to: htto:/lwww.hud.1!ov/offices!adm!rrrants/fundsavail.cfrn Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD-40090-1 13 Agenda Item No. 16012 May 22, 2007 Page 31 01118 CoC Homeless Population and Sub populations K: CoC Point-in-Time Homeless Population and Subpopulations Chart Indicate date of last point-in-time count: (01/26/2007) Part 1: Homeless Sheltered Po ulation Emer enc Transitional Unsheltere d Total 1. Number of Households with Dependent Children: la, Total Number of Persons in thcse Households (adults and children) 2. Number of Households without Dependent Children * * 2a. Total Number of Persons in these Households Total Persons (Add Lines la and 2a): ,.Yi1II. Part 2: Homeless Subpopulations below) a, Chronically Homeless b. Severely Mentally 11l c. Chronic Substance Abuse d. Veterans e. Persons with HIV / AIDS f. Victims of Domestic Violence g. Unaccompanied Youth (Under 18) ;;'11 . i>" ,- 1 ~. 'i~ " % ;.}\i<41,!li}j.m-'" 1tiW'.;" ;{clit- ;ii.,\JEt~i:g';;:, ~ 'Optional for unsheltered homeless subpopulations ** Includes single individuals, unaccompanied youth, and other adults (such as a married couple without children) ***For "sheltered" chronically homeless subpopulations, list persons in emergency shelter only. 9 21 2 32 34 62 5 101 132 41 109 282 166 103 114 383 165 119 if~HM:wW;)\~:fRii~!jj *'i!&~!iJ~1~':' Sheltered Unsheltere Total d 0 50 50 6 6 12 29 12 41 0 28 28 0 1 1 0 * 0 0 * 0 Collier County, Florida 2007 Continuum of Care Exhibit I Form HUD-40090-1 14 Agenda Item No. 16012 May 22, 2007 Page 32 of 118 L: CoC Homeless Population and Subpopulations Data Sources & Methods Chart- Complete the following charts based on the most recent point-in-time (PIT) count conducted. L-l: Sheltered Home ess Population an u IJpopulations (1a) Check methodes) used to count sheltered homeless persons in the CoC (check all that aoolv): ~ Survev - Providers count the total number of clients residing in their programs durin~ the PIT count. D HMIS - CoC used HMIS to complete the PIT sheltered count and subnonulation information. D Other - specify: (lb) If multiple methods are checked, briefly describe how data collected using the methods were combined to produce the count. (2a) Check the methodes) used to gather the subpopulation information on sheltered homeless nersons reported in Part 2: Homeless Subpopulations (check all that annlv): ~ Point-in-time (PIT) interviews with each adult and unaccompanied youth - All sheltered adults and unaccompanied vouth were interviewed to gather subnonulation information. Sample of PIT interviews plus extrapolation - A sample of sheltered adults and unaccompanied D youth were interviewed to gather subpopulation information, and extrapolation techniques were applied to nroduce the total sheltered homeless population. D Non-HMIS client-level information - Providers used individual client records (e.g., case management files) to provide subpopulation data for each adult and unaccomnanied vouth. D Provider expertise - Providers estimated the percentage of clients belonging to each subpopulation based on their knowledge of their client population as a whole. D HMIS - CoC used HMIS to gather subpopulation information on sheltered homeless persons. D Other -specify: (2b) If multiple methods are checked, briefly describe how the methods were combined to produce the subpopulation information. , , i , (3) Indicate CoC's steps to ensure data ouality of the sheltered count (check all that aoolv): ~ Instructions - Provided written instructions to providers for completing the sheltered PIT count. ~ Traininl! - Trained providers on completing the sheltered PIT count. ~ Remind and Follow-up - Reminded providers about the count and followed up with providers to ensure the maximum possible response rate and accuracv. D HMIS - Used HMIS to verify data collected from providers for the sheltered PIT count. D Other -specify: (4) How often will sheltered counts of sheltered homeless neoDle take Dlace in the future? D Biennial (every two years) ~ Annual D Semi-annual D Other - specify: (5) Month and Year when next count of sheltered homeless Dersons will occur: January 2008. (6) Indicate the percentage of providers providing populations and subpopulations data collected via survey, interview and/or HMIS: 100 % Emergency shelter providers 100 % Transitional housing urovidcrs dS b *Please refer to 'A Guide to Counting Sheltered Homeless People' for more information on unsheltered enumeration teclmiques. Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD-40090-1 15 Agenda Item No. 16012 May 22, 2007 Page 33 of 118 L-2: Unsheltered Homeless Ponulation and ubpopulations* (1) Check the CoC's method(S) used to count unsheltered homeless Dersons (check all that applv): D Public places count - CoC conducted a point-in-time (PIT) count without client interviews. Public places count with interyiews - CoC conducted a PIT count and interviewed unsheltered ~ homeless persons encountered during the public places count: ~ ALL persons were interviewed OR o Sample of persons were interviewed Public places count using probability sampling - High and low probabilities assigned to D designated geographic areas based on the number of homeless people expected to be found in each area. The CoC selected a statistically valid sample of each type of area to include in the point-in-time count and extraoolated results to estimate the entire homcless pooulation. ~ Service-based count - Interviewed people using non-shelter services, such as soup kitchens and dron-in centers, and counted those that self-identified as unsheltered homeless oersons. D HM1S - Used HMIS for the count of un sheltered homeless people homeless people or for suboonu1ation infonnation. D Other - specifv: (2) Indicate the levcl of covcral!C of the PIT count of unsheltered homeless DcoDle: D ComDlctc covcral!C - The CoC counted everv block of the iurisdiction. ~ Known locations - The CoC counted in areas where unsheltered homeless people are known to congregate or live. Combination - CoC combined complete coverage with known locations by conducting counts lor D every block in a portion of the iurisdiction (e.g. central city) AND conducting counts in other portions of the iurisdiction where unsheltered oersons are known to live. D Used service-based or Drobability sampling (coverage is not annlicable) D Other -specify: (3) Indicate community nartncrs involved in PIT unshcltercd count (check all that annly): ~ Outreach tcams I ~ Law Enforcement ~ Servicc Proyiders ~ Community volunteers ~ Homcless and/or formcrlv homeless pcrsons ~ Other - specify: Faith Bascd Groups (4) Indicatc CoC's steps to cnsure data qualitv of the unsheltcred count (check all that applv): ~ Training - Conducted traininv(s) for PIT enumerators. D HMIS - Used HMIS to check for duplicate infolTIlation. D Other - specify: (S) How often will CoC conduct PIT counts of unsheltcred homeless De oDIc in thc future? D Biennial (cvery two years) ~ Annual D Semi-annual D Ouarterlv D Other - specify: (6) Month and Year when next PIT count of un sheltered homeless persons will occur: Januarv 2008. S *Please refer to 'A Guide to Counting Unsheltered Homeless People' for more information on unsheltered enumeration techniques. Collier County, Ftorida 2007 Continuum of Care Exhibit 1 Fonn HUD-40090-1 16 Agenda Item No. 16012 May 22, 2007 Page 34 of 118 CoC Homeless Management Information System (HMIS)- M: CoC HMIS Charts CoCs should complete this section in conjunction with the lead agency responsible for the HMIS. information is to be as of the date of application submission. M-l: HMlS Lead Organization Information 'Organizati-;'n Name: Collier County Hunger & Homeless Coalition Phon,,-: 239-263-9361 IEmail:~pj1<lack@inccc.org Organi~ation Type: State/local government 0 Non-profit/homeless provider [8J All -l Conta~t Person: Birgit Pauli-Haack , i ~ O~her 0 ~--l M-2: List HUD-defrned CoC Name(s) and Number(s) for everv CoC in HMIS 1m Iementation: I HUD-Defined CoC Na~-;;*--- I CoC #FL-606 I Na les/Collier Coun COC M-3: HMIS Implementation Status ~ HMIS Data Enl1y Start Date for'your CoC OR . -[lf~o data ~ntry date, indicate reason: ' Anticipated Date Entry Start Date for your CoC : 0 New CoC in 2007 09/2004 , __ I DStill in planning/software selection process I DInitial implementation Briefly describe significant challenges/balTiers the CoC has experienced in: 1. HMIS implementation: Our first software vendor was unable to meet requirements; we changed vendors in 2006 which interrupted our implementation. 2. HMIS Data and Technical Standards Final Notice requirements: PKI or IP checking was not possible with old vendor; new vendor has a working solution. Software support for Data Collection Standards (required fields, workflow system) implemented in 2006 with new vendor software; 2004 & 2005 have .___mls~ing,~atabecause of th,,- unavailabilitlCli!"-1'2rtingan~.11l0nitoring tools._...____1 -I I I M-4: CoC Client Records ----_._.~.._---~--- ----~._-,--,~ Calendar Number of Client Records Entered in HMIS / Number of Unduplicated Clients Entered in Year Analytical Database (Du licated for CoC I HMIS / Anal ical Database for CoC 2004 I 283 L279________________ 2005 727 I 704 ------ 2006 482 450 Please provide a brief explanation of the reason(s) for any decreases in the number of records (duplicated or unduplicated) from year to year. Explanation: 2004-Data Entry began in September 2004, not a complete year. 2006---lnterruption of Data Entry due to changing software vendors in May 2006 for a period of approximately 3 months. M-5: Data Collection/Completeness and Coverage (a) Indicate the percentage of un duplicated client records with null or missing values on the date that the point- in-time count was conducted, Uniyersal Data % Null/Missing Universal Data Element % Null/Missing Element Valnes Values Name % Gender 0% Social Security Number 2% V cteran Status 0% Collier County, Florida 2007 Continuum oreare Exhibit 1 Form HUD-40090-1 17 Agenda Item No. 16D12 May 22, 2007 Page 35 of 118 Date of Birth 0% Disabling Condition 0% Ethnicity 0% Residence Prior to Program Entry 0% Race 0% Zip Code of Last Pelmanent Address 0% Briefly describe how the CoC ensures that valid program entry and exit dates are being recorded in the HMIS for persons served. Monthly comparison reports between facility management module and HMIS Entry/Exit dates, spot checks throul!hout the month. ate achievin ErneI' enc Shelter Transitional Housin Permanent Supportive Housin (c) If CoC has not yet achieved or does not anticipate achieving 75% bed coverage for all beds includin DV beds lease ex lain wh . y OS/2008 y 07/2008 M-6: Training, Data Quality and Implementation of HMIS Data & Technical Standards For each item listed below, place an "X" in the appropriate box to indicate your response: Yes (Y), No (N) or Planned/In Progress (P). Check only one column per item. -- ..-- Nip y 1. Traininl!, Provided: _Basic computer training x -- -- HMIS software training x "--- --. _e.. _I'rivacy / Ethics training x __.U ..-.- .- Security Training x -- System Administrator training x .- --. . ------ 2. CoC Process/Role: Is th.e CoC able to aggregate all data to a central location at least annually? x I Does the CoC monitor compliance with HMIS Data & Technical Standards Final Notice? xi I 3. Security-Participating agencies havc: Unique usemame and password access? x -.-- m._~ -- Secure location? x __M"_. - Locking screen savers? x --.. Vhus protection with auto update? x ----- " Individual or network firewalls? x Restrictions on access to HMIS via public fOlUms ( e.g. PKI digital certificates or IP filterinp)? x !-... Security-Al!,ency respon~ible for centralized HMIS data collection and storal!C has: r- Procedures for off.site storage of HJV[IS data? .___ I x Disaster recovery plan that has been tested? I Ix .-.., ~,Privacy Reguirements: c' If your state has additional confidentiality provisions, have they been implemented? .___l iXf Check here if there arc no additional state confidentialit)' provisions. .-- .-- Is there a "Purpose for data collection" sign at each intake desk for all participating agencies? x --- Has each participating agency adopted a written privacy policy, including the uses and x disclosures of client infOlmation? .....-.. Collier County, Florida 2007 Continuum of Care Exhibit 1 FonTI HUD-40090.1 18 N.....CC ~O~ OO~ u:>N- ~ _0 .~~ o M Z>-" ~"'Ol ":2' <1l ~ 0.. '" -0 C " OJ <{ = o .. ..... " < ''0 CJl= = ~ .... = '" = ... ('J .r:: - ..... ~ " ... .~ :.c ~O ..... . ('J = :... ~ ..... - rJ).llo. U ; o ... U>;< o ,.... .... .... .... U ..... 0 :...U ('J ~Z ~UtJWtJAd'4JV ~patuDN I , [s:JU"^ s i:i!~- I jDatuaAa!q~v ; ~!JatuDN ,-- SqjDOtu ZI I uJ lUatuaAa!q~v ~PaIUDN -_.~-- i I (laA''l jOaUD;)) ~"... 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Agenda Item No. 16D12 May 22. 2007 Page 40 of 118 0: CoC Discharge Planning Policy Chart- For each category of publicly funded institution or system of care in your CoC, check a box to indicate the level of development of a discharge planning policy. Check on Iv one box per category. Use the space provided to describe the discharge planning policy for each category, or the status of development. For detailed instructions for filling out this section, see the Instructions section. --r-------- ----,_.,- - I 1 Publicly Funded Institution(s) or ! I Formal Formal ; Initial Protocol in ! I System(s) of Care in None Discussion Development I Protocol Protocol i CoC Geographic I I Finalized Implemented i I Area , Foster Care o t 0 n_~ ____[ 0 ~ 0 - --=B-~_-_-----B 0 -------- Health Care o _ Mental Health 0 l8J 0 I _'__"H~ -- __U" -'----1 I 'C'''och,..~to 0 01 0 0 I Foster Care: The protocol has been developed for Foster Care through the use of Technical Assistance which was secured through a grant provided by the State of Florida Office on Homelessness. Technical Assistance was provided in early 2007. On March 8, 2007 a fully revised discharge plan was provided to the Collier County Homeless Coalition, Inc. for finalization and full implementation. Note that Collier County did have a Discharge Plan in place in 2006. However, technical assistance was secured through the State to provide the CoC with an improved and more thorough Discharge Plan and process. Currently, Foster Care providers are being identified with the anticipation offull implementation and adoption of the protocol no later than spring 2008 or upon the next submission of a CoC application. Protocol as follows: The Foster Care Discharge Planning Process includes the following components: I. All youth will receive an Individual Needs Assessment prior to transition to include his/her medical, employment, housing, and family or support network. 2. The Social Worker will coordinate Pre-Release Skill Training to overcome needs or problems identified for the individual including topics such as goal setting, control of one's emotions, pre-employment skills, money management, and educational attailUllent. 3. The Social Worker will coordinate Pre-Release Qualification for Benefits possessed at the time of entrance to care or for which the person qualifies, to include, as appropriate, restoration of civil rights, identification and supporting documentation, and mainstream human services programs such as food stamps, SSI, Medicaid, and welfare cash assistance. 4. A written Discharge Plan will be developed and reviewed with the individual prior to the scheduled transition date. 5. Each plan will iterate appropriate refelTals to conununity based providers for transition services to assure the individual has appointments or action plan to obtain and continue follow up services, treatment, and care without intenllption. 6. At Discharge, provision of essential resources to include such items as medications, medical supplies, clothing, transportation or other basic resources needed and in quantity to enable the individual to transition into the community are provided. 7. At Discharge, a notice to the plmmed housing provider will be sent to confinn that the youth to be released is expected to arrive and occupy the available housing. 8. The Social Worker will provide post-release monitoring and evaluation to track whether the individual was able to transition into the community, remain self-sufficient, and avoid becoming homeless. 9. Composition of the discharge planning team is flexible and may include: the individual, Collier County, Florida 2007 Continuum of Care Exhibit 1 Fonn HUD-40090-1 23 Agenda Item No. 16D12 May 22, 2007 Page 41 of 118 family members, community case manager, institutional representative, community resource specialist, mental health and substance abuse specialists, housing specialist, entitlement/income specialist, criminal justice system representative, health care system representative, pay-or representative, policy maker, advocate, peer supporter. 10. The designated team leader (community case manager) is responsible for following up with the individual to ensure the implementation of the discharge plan, including ongoing assessment, identification of team members, and coordination. , II. Team members will utilize a well-designed infonnation system to link the community and I institution that track procedures, feature safeguards and consent agreements. I~ealth Care: The protocol has been developed for Health Care through the use of Techuical Assistauce I grant from the State Office on Homelessness. See summary in Foster Care. I I Protocol as follows: The Health Care Discharge Planning Process includes the following components: I 12. All patients will receive an Individual Needs Assessment at admission to include the person's medical, employment, housing, and family or support network. 13. Case Managers will coordinate Pre-Release Skill Training to overcome needs or problems identified for the individual including topics such as goal setting, control of one's emotions, pre-employment skills, money management, and educational attainment. 14. Case Managers will coordinate Pre-Release Qualification for Benefits possessed at the time of entrance to care or for which the person qualifies, to include restoration of civil rights, identification and supporting documentation, and mainstream human services programs such as food stamps, SSI, Medicaid, and welfare cash assistance. 15. A written Discharge Plan will be developed and reviewed with the individual prior to the scheduled release date. 16. Each plan will iterate appropriate referrals to community based providers for post-release services to assure the individual has appointments or action plan to obtain and continue follow up services, treatment, and care without interruption. 17. At Discharge, provision of essential resources to include such items as medications, medical supplies, clothing, transportation or other basic resources needed and in quantity to enable tlle individual to transition back to the community are provided. 18. At Discharge, a notice to the planned housing provider will be sent to confirm that the person to be released is expected to arrive and occupy the available housing. 19. The Case Manager will provide post-release monitoring and evaluation to track whether' the individual was able to transition into the community, remain self-sufficient, and avoid becoming homeless. 20. Composition of the discharge planning team is flexible and may include: the individual, family members, community case manager, institutional representative, community resource specialist, mental health and substance abuse specialists, housing specialist. entitlement/income specialist, criminal justice system representative, health care system representative, pay-or representative, policy maker, advocate, peer supporter. 21. The designated team leader (conununity case manager) is responsible for following up with the individual to ensure the implementation of the discharge plan. including ongoing assessment, identification of team members, and coordination. i 22. Team members will utilize a well-designed infOlmation system to link the community and I I institution that track procedures, feature safeguards and consent agreements. , ___ ----1 i Mental Health: The protocol has been developed for Mental Health through the use of Technical I I Assistance which was secured through a T A grant provided by the Office on Homelessness. (See ' --,uII".'"larWove). Currently, the_Menta~Health provider has been identified andprovided the J Collier County, Florida 2007 Continuum of Care Exhibit I Form HUD-40090-! 24 Agenda Item No. 16012 May 22, 2007 Page 42 of 118 -d;;~ument or protocofand h;~ accepted th~discharge plan with the anticipation of full imPlementationl and adoption of the protocol by the end of 2007. Mental Health protocol as follows: I The Mental Health Discharge Planning Process includcs the following componcnts: I , 23. All consumers will receive an Individual Nceds Assessment at admission to include the I person's medical, employment, housing, and family or support network. 24. Clinicians will coordinate Pre-Release Skill Training to overcome needs or problems identified for the individual including topics such as goal sctting, control of one's emotions, pre-employment skills, money management, and educational attainment. 25. Clinicians will coordinate Pre-Release Qualification for Benefits possessed at thc time of entrance to care or for which the person qualifies, to include restoration of civil rights, identification and supporting documentation, and mainstream human services programs such as food stamps, SSI, Medicaid, and welfare cash assistance. 26. A written Discharge Plan will be developed and reviewed with the individual prior to the scheduled release date. 27. Each plan will iterate appropriate referrals to community bascd providers for post-release services to assure the individual has appointments or action plan to obtain and continue follow up scrvices, treatment, and care without intel1uption. 28. At Discharge, provision of essential resources to include such items as medications, medical supplies, clothing, transportation or other basic resources needed and in quantity to enable the individual to transition back to the conununity are provided. 29. At Discharge, a notice to the planned housing provider will be sent to confillli that the person to be released is expected to arrive and occupy the available housing. 30. The Clinician will provide post-release monitoring and evaluation to track w. hether the I individual was able to transition into the community, remain self-sufficient. and avoid becoming homeless. 31. Composition of the discharge planning team is flexible and may include: the individual, family members, cOlnmunity case manager, institutional representative, community resource specialist, mental health and substance abuse specialists, housing specialist, entitlementlincome specialist, criminal justice system representative, health care system representative, pay-or representative, policy maker, advocate, peer suppOlier. 32. The designated team leader (community case manager) is responsible for following up with the individual to ensure the implementation of the discharge plan, including ongoing assessment, identification of team members, and coordination. 33. Team members will utilize a well-designed infOlmation system to link thc community and institution that track procedures, feature safeguards and consent agreements. , I I Corrections:' The protocol has been de~-;;i~ped for Co':;:ections thro';gh the use of Technical Assistance- I which was secured through aT A grant provided by the Office on Homelessness. (See preceding I summary) The Corrections provider has been in communication with the CoC and is receptive of the protocol and has accepted the discharge plan with the anticipation of full implementation and adoption I of the protocol by the end of 2007. I Protocol as follows: I The Corrections Discharge Planning Process includes the following components: I I 1. All imnates will receive an Individual Needs Assessment at booking to include the I person's medical, employment, housing, and family or support network. 2. As appropliate, and as time allows, Discharge Plamlers will coordinate Pre-Release Skill Training to overcome needs or problems identified for the individual including topics I such as goal setting, control of one's emotions, pre-employment skills, money I management, and edncational attainment. 3____--6s_1lI'PJ:<JjJ1iate, and ~ time allows, Discharge Plam1crs will coordinate Pre-Releas".1 Collier County, Florida 2007 Continuum of Care Exhibit I Form HUD-40090-1 25 Agenda Item No. 16D12 May 22, 2007 Page 43 of 118 I I I Qualification for Benefits possessed at the time of entrance to care or for which the person qualifies, to include restoration of civil rights, identification and supporting documentation, and mainstream human services programs such as food stamps, SSI, Medicaid, and welfare cash assistanCe. 4. A written Discharge Plan will be developed and reviewed with the individual prior to the scheduled release date. 5. Each plan will iterate appropriate refelTals to community based providers for post-release services to assure the individual has appointments or action plan to obtain and continue follow up services, treatment, and care without interruption. 6. At Discharge, provision of essential resources to include such items as medications, medical supplies, clothing, transportation or other basic resources needed and in quantity to enable the individual to transition back to the community are provided. 7. At Discharge, a notice to the plmmed housing provider will be sent to confirm that the person to be released is expected to alTive and occupy the available housing. 8. The Discharge Plalmer will provide post-release monitoring and evaluation to track whether the individual was able to transition into the community, remain self-sufficient, I and avoid becoming homeless. I 9. Composition of the discharge plalming team is flexible and may include: the individual, family members, cOlmnunity case manager, institutional representative, community resource specialist, mental health and substance abuse specialists, housing specialist, entitlement/income specialist, criminal justice system representative, health care system representative, pay-or representative, policy maker, advocate, peer supporter. 10. The designated team leader (conununity case manager) is responsible for following up with the individual to ensure the implementation of the discharge plan, including ongoing assessment, identification of team members, and coordination. 11. Team members will utilize a well-designed infOlmation system to link the community and institution that track procedures, feature safeguards and consent agreements. I .Please note that "cOlTections" category refers to local jails and state or federal prisons. Collier County. Florida 2007 Continuum of Care Exhibit 1 FOlm HUD-40090-1 26 Agenda Item No. 16D12 May 22, 2007 Page 44 of 118 P: CoC Coordination Chart A CoC should regularly assess the local homeless system and identify shortcomings and Wlmet needs. One of the keys to improving a CoC is to use long-term strategic planning to establish specific goals and then implement short-tcnn/mcdium-term action steps, Because of the complexity of the existing homeless system and the need to coordinate multiple funding sources, there are often multiple long- term strategic planning groups. It is imperative for CoCs to coordinate, as appropriate, with each of thcse existing strategic planning groups to meet the local CoC shortcomings and unmet needs, Answer each question in the checkbox provided, using an X to indicate Yes or No for each. _. 1. Consolidated Plan Coordination a. Do Con Plan planners, authors and other Con Plan stakeholders pmticipate in general planning meetin~... ______._____ b. Do CoC members participate in Con Plan planning meetings, focus groups, 0 forums? _.~._--~._._-_. c. Were CoC strategic plan goals addressing homelessness and chronic homelcs __.i!1. the develofl111~ntof tl1e..c:.Cll1.r1an? __. .__. __. __.____. 2. JurisdictionallO-year Plan Coordination _____.. a. Is there one or more fonnal jurisdictional 1 O-year Plan(s) being developed an implemented within your CoC geography that are separate from the CoC IO-y Of No, you may skip to Question 3a.) b. Do IO-year Plan conveners, authors and other stakeholders participate in CoC .Jllanning meetings? ___..___.__ e. Have 1 O-year Plan participants taken steps to align their plmming process wit CoC plan? _____...._..._. d. Were CoC strategic 1'.1 an goals us~d in the development of the IO-year Plan(ill.. I e. ~~~~~~~e~~~l;~~t~~;j~::;l~~)dons within your CoC geo:rap~~~hat ~lav~ tor 3. Public Housing AgenC)'Co.()r.c!illaJ:lon_.____.._..___~ -1 ~a~~t~~; l~~:~:~sr~~~r~l:~~oc~.ea~~~s to improve coordln~t.l()n =lt~an~:~:::o i f2J1 g --,,--' .. YES NO -..... ----- CoC [29 0 -------- r public [29 0 sness used 0J 0 d/or being ear plan? 0 [29 ----. - general 0 DI I h the local , 001 -.-------- -nod ? mally --I ------ Collier County, Florida 2007 Continuum of Care Exhibit 1 Fornl HUD-40090-t 27 Agenda Item No. 16012 May 22, 2007 Page 45 of 118 CoC 2007 Funding Priorities Q: CoC Project Priorities Chart Column (1): New this year, check the box in this column if the first project listed is a proposed Samaritan bonus project. Column (5): The requested project amount must not exceed the amount entered in the project summary budget in Exhibit 2. If the project summary budget exceeds the amount shown on this priorities list, the proieet budget will be reduced to the amount shown on the CoC Project Priorities Chart. Column (7): Place the component type under the appropriate program for each proj ect in column 7. Acceptable entries include PH, TH, SH-PH, SH-TH, SRO, SSO, HMIS, TRA, SRA, PRA, or PRAR. Do not simply enter an "X" in the box provided. Column (9): For the Shelter Plus Care Renewals priority number, please continue project numbering from the top portion of the chart - please do not restal1 S+C project priority numbering from 1. IHUD-defined CoC Name:* ----- CoC#: (1) (2) (3) (4) (5) (6) (7) Program and SF-424 Comnonent T\ pe Applicant Name >. Requested SHP SHP S+C SRO - ~ Project Sponsor Project .~ Project E ... Name Name Q Amount <l.l ,~ ;; ... ,... ~I (Please Remove Q., S Examples) " S S = " " " a: z z 10** ~~ample: ABC ABC Nonprofit I I Annie's House I $451,026 3 PH Nonorofit Example: XYZ AJA Y Nonprofit Pierce's Place 2 $80,000 5 TRA . County Shelter for Transitional J:8]*' SAWCC, Inc. Abused Women & Housing Renewal 1 $339,000 3 TH .- ~hildren Collier Co Hunger & oIlIer Co Hunger & Homeless HMIS renewal 2 $104,645 I HMIS Homeless Coalition ('oaltion - 3 -~._. - 4 --~. .- -.--- 5 ... 6 --- _._'~-"....- (8) Subtotal: Requested Amount for CoC $443,645 Competitive Projects: '9) Shelter Plus Care Renewals: S+C C.(j.J!1J>onent T~. 7 I .. 8 I 9 I -... ......--.. .. .-. "'n____ (10) Subtotal: Requested Amount for $0 S+C Renewal Projects: (11) Total CoC Requested Amount $443,645 (line 8 + line 10): *HUD-defined CaC names & numbers are available at: httn://www.hud,gov/offices/adn1fgrants/fundsavaiI.cfm. **Check this box if this is a #1 priority Samaritan bonus project CoC-Q Collier County I Florida 2007 Continuum of Care Exhibit 1 Fornl HUD-40090-1 28 Agenda Item No. 16012 May 22. 2007 Page 46 of 118 R: CoC Pro Rata Need (PRN) Reallocation Chart (Only for Eligible Hold Harmless CoCs) CoCs that receive the I-year Hold Harmless PRN amount may reduce or eliminate one or more of the SHP grants eligible for renewal in the 2007 CoC competition. CoCs may reallocate the funds made available through this process to create new permanent housing project(s). These reallocation project(s) may be for SHP (1,2, or 3 years), S+C (5 years), and Section 8 SRO (10 years) projects and their respective eligible activities. *Reallocation projects WILL be funded if all of the following apply: I. Reallocation project is for permanent supportive housing (SHP-PH, SHP-Safe Haven PH, S+C, Section 8 SRO). 2. Reallocation project is not rejected by HUD (meets all "threshold" requirements) 3. CoC scores at least 65 points in the CoC competition. 4. Rcallocation project is not the Samaritan bonus project. Reallocation projects may have a I-year grant term when they are SHP-PH or SHP-Safe Haven PH projects. NOTE: Reallocated funds placed in the Samaritan bonus project will lose their reallocation status. Therefore, if the CoC scores below the funding line, the CoC will lose the reallocated funds included in the Samaritan bonus project. la. Will your CoC be using the PRN reallocation process? DYes l6J No lb. If Yes, explain the open decision making process the CoC used to reduce and/or eliminate projects (use no more than one-half page). 2. Enter the total I-year amount of all SHP projects that are eligible for Example: $ renewal in 2007, which amount you have verified with vour field office: $530.000 ~--._--..,-'_._._.- 3. Starting with the total entered above for question 2, subtract the Example: $ amount your CoC proposes to use for new permanent housing project, $390.000 and enter the remaining amount: (In this examvle. the amount proposed for new PH project is $140.000) 4. Enter the Reduced or Eliminated Grant(s) in the 2007 Competition (1) (2) (3) (4) (5) (6) Expiring Grants Program Component Annual Renewal Reduced Retained Amount Code Amount Amount from Existing Grant Ex: MA01B3000021 SHP TH $100.000 $60.000 $40.000 I Ex: MA01B400003 SHP SSG $80.000 $80.000 $0 -----I (7) TOTAL: 5. Newly Proposed Permanent Housinl! Proiects in the 2007 Competition* (8) I (9) (10) (11) I 2007 Pro.ieet Priority Number I Prol!ram Code Component Transferred Amounts Example: #5 I SHP PH $90.000 I 0 ----j Example: #12 I S+C TRA $50.000 I m)TOT ALJ ___J --- .. ~-- --.__.~.-.. -0 ----~--,--_._.~ "'No project listed here can be a #1 priority Samaritan Bonus project Collier County, Florida 2007 Continuum of Care Exhibit I Form HUD-40090-1 29 Agenda Item No. 16D12 May 22. 2007 Page 47 of 118 S: CoC Project Leveraging Summary Chart READ INSTRUCTIONS- HUD homeless program funding is limited and can provide only a portion of the resources needed to successfully address the needs of homeless families and individuals. HUD encourages applicants to use supplemental resources, including State and local appropriated funds, to address homeless needs. Enter the name of your Continuum and list the total amount of leveraged resources available. To get this number, find the total at the bottom of the Project Leveraging Ch81i for all Exhibit 2 project applications, add up all of these the totals, and enter this single number in the ch8li below. Complete only one ch8li for the entire CoC (do Iwt add any rows). Provide infonnation only for conttibutions for which you have a written commitment in hand at the time of application. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties (18 U.S.C. 1001,1010,1012; 31 U.S.C. 3729, 3802) i--.-Name of Continuum , Na les/Collier Count cac .. Total Value of Written Commitment $851,236.00 i ~-~-----------_. T: CoC Current Funding and Renewal Projections Chart Congress has asked HUD to provide estimates of expected renewal amounts over the next five years. Please complete the chart below to help HUD arrive at the most accurate estimate possible. For further instructions in filling out this chart, see the Instructions section. Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD-40090-1 30 Nr---'" ~(;)~ O(;)~ ;eNrO ,NN'" o ..- Z~Q) E::;: OJ <D '" == 0.. CO u c: <D OJ <{ - ~ ~ Il.l = Il.l ~ '" = ~ bJ) = ,~ '" = ::I '" .... = Il.l .... .... ::I U U o U ~ I '" = o ,~ .... OJ Il.l '-' o .... Q., .. '" .... OJ '" Il.l '" '-' == o = .... .... Q., ~ 6:'= == ~ ~< S ~ .. bJ) o .. Q., bJ) = .. '" = o = Il.l ;.. <:: .... o i:l. i:l. = r/J '" = o .~ ... '" " .~ o ... ~ - " i!: " = " :l:: I; N ~ I~ , , 1 i I "" .... 0 "" (;) N 0 ~ "" "" "" '" "" "" N o - '0. - "" N "" '0 '0 N '0' N N "'" o - '0. - "" N "" ~ I,Q io_' V) "" '0 7 f""'lN \0" \0 -.0.- -<::t" N "" 0 N N - v;r fA V'1 I ~I '" "I ~ ~, ~ .w I ~ = =10 go E IN :l:: 3 u '-' .. = .~ '" = Q = ... o " Co ,., E-< (;) o o ",,' "" "" "'" ~ :I: t: ~ '<;; ;:l:I: :I: :Bf-;" ~ - '" '" ~ 5 ~ E o > c: > .- ro g ro .~ ::r:: cd:r: VJ ~~ ~<EO~ l-< c<::I ...... ro r..t'J ~ [-<<JJ"-<<JJ<JJ:I: S? "-< '-' OIl S '" ;:l o :I: V) 7 '0 7' o "" V) 7 '0 7' o - "" V) 7 '0 7' o "'" V) 7 '0 ..,t o "" .. I,: , V) 7 '0 ."f o - "'" '" = - 11~:~ - .... " - ... Il.l o -= E-< r/J :::; :; <:I u .. .~ Q ... ~ .. i!: " = " " .. '" .... U.o 'i:' ,~ = '" " ~ ::: Q,l Q,l .... .... t:;" t- Q.,u~=g '--U+O"'~N en " ... +=":> ~< 8 Il.l .... ~ U U + '" '" ... 5 Q 0 ~ e "", J:). " S~ :> Z N .... "" N .... .... "" N "" .... "" N '" "" "" N "" "" "" N "" "'" ~ , '" "" '" '" '" d:. ;;, =: '" ~ 'S ;:J ~ ~ o "" "'" '" ~ 'S ;:J "" '" ,;0: c: ;:J E E " U.l " " '" u '- o S ~ ,5 " o U t- o o N '" ,~ c: ;:J '" ~ Z '" ,;0: c: ;:J < ~ Z '" "" '~ o C;; >: " ~ o U " ~ '0 u '" < ~ Z ZJ 'S ;:J ~ Z '" o .. ~O"""'Nr-<l7lf)'"O <JJ "'" Agenda Item No. 16D12 May 22, 2007 Page4g of 118 Part IV: CoC Performance U: CoC Achievements Chart For the five HUD national objectives in the 2006 CoC application, enter the 12-month measurable achievements that you provided in Exhibit 1, Chmt N of the 2006 CoC application. Under "Accomplishments," enter the numeric achievement that your CoC attained within the past 12 months that is directly related to the measurable achievement proposed in 2006. Below, if your CoC did not meet one or more of your proposed achievements, please describe the reasons for this. T 2006 Objectives to End Chronic Homelessness and Move Families and Individuals to Permanent Housing 12-month Measurable Achievement Proposed in 2006 Accomplishments (Enter the numeric achievement attained durill2 past 12 months) 1. Secure additior:al beds through new . I. 9 out of 16 existing PH beds I constructIOn at FIrSt Assembly Mmlstnes; are currently occupied by the I Pursue collaborative applications to provide S+C, Chronic Homeless as of ' : beds and/or housing (CCHA) i January 2007. 112. Application made to increase 2. Track data through APR repOlts and HMIS data extraction ' housing during 2006-2007 ! cycle. No funding I awardedINo new PH beds I added in 2006. f-----. ..----- 13. HMIS expanded I I, Increase PH beds from current 38 to 100 during 1 phase of 10 year plan or 163% incrcase II. 100% or 21 homeless persons 1 ;2. Increase percentage of 2. Secure beds through new construction, I stayed in PH over 6 months. I ,homeless persons staying rehabilitation or expansion and/or increase 2. No new beds created. I ,in PH in next 12 months 'I number ofTBRA vo~chers (serving 20 familieSJ3. TBRA program expanded 1 !by 5%. per year/cUlTent fundmg $350,000). with HOME and local funds 1 3. Track percentages through APR repOlts and I :...___________.. _~~vfIS dalaextractLon_ ____ __. .. ___ _ __ _______ __ _ _____' I' f 11. Track percentages though APR reports and 'I' 1. 71 % or 27 homeless p~rsons 3. Increase percentage 0 HMIS data extraction moved from TH to PH 111 past 1 homeless persons movmg I . I 'fr TH t PH t 10'1< 1'2. Increase number ofTBRA vouchers (scrvmg 20 year , Ip:r~ear 0 0 . 0 families per year/current funding $350,000). '2. TBRA program serves 28 1 14. Increase percen;a-g~-;;rt;. Identity baseli~;~fe~~i~;ed in FY 2006 and II ~;;:::1:: homeless person~1 homeless persons momtor mcreases on an annual basls. h It d bId' becoming employed by ,2. Track percentages though APR reports and s e ere ecame emp oye 111 i 11 %. I HMIS data extraction , past year 1 .r------~ '11. Continue enteIing data by I-IMIS p~-ticipating'-'T:All six (6) agencies a~;;-entering l I agencies (6 Total): Child Care of SW Fl.; 1 data. 15. Ensure that the CoC 'I Collier County Human Services Department; ,2. A new vendor was secured in !has a functional HMIS David Lawrence Center; lmmokalee Friendship i April 2006, 2 months in advance ] system. I House; St. Matthew's House; Catholic : ofgo~l ?f6/2006 : I I. C~"anlIes) 13. PhYSICIan Lead Access Network J L___~_.RJ>""U!~.'l"w vendor/Client Track. Net by ....J__\PLAN) signedan agreement on " (f..om Chart N of your 2006 CoC application) I II. Create new PH beds for chronically homeless persons. Collier County, Florida 2007 Continuum of Care Exhibit 1 Form JlUD.40090.1 32 Agenda Item No. 16D12 May 22, 2007 Page 50 of 118 l 6/2006 .. . 13. Expand from cunent 6 HMIS participants to 16 I active users in the next 10 years I Feb. 2007; Immokalee Non-Profrt~ Housing and Youth Haven have also sib'tled a USER Agreement in May 2007 becoming active partners in HMIS. As of May 2007 have 9 active users organizations with 8 agencies established as baseline goal for 2007. "-------_._~- Briefly explain the reasons for not meeting one or more of your proposed measurable achievements. All objectives met or on track except for the creation of new Pelmanent Housing beds. Funding was not available to add new beds. Nine beds at Wolfe Apartment are occupied by chronic homeless. Efforts will continue to create new PH and TH beds. ___ .-'-'U. ______.. OPTIONAL: If desired, you may use this space to describe your Coe's most significant accomplishments over the past 12 months. Our community's HMIS system overcame many obstacles Plimarily attributed to an ineffective vendor and software product which caused negative paliicipation levels, difficulty marketing the system to potential new users, and significant delays with entCling data and extracting useful statistics from the system. However, the HMIS administrator assisted our community in overcoming many of these obstacles which has led to a productive, effective and marketable project. Some of the major accomplishments are listed below: On 6/26/06: New vendor, ClientTrack.net through Data Systems International, was secured to improve network capabilities, systems improvements and solicitation and securing additional agencies to become active participants in the HMIS system. New vendor and system was obtained due to setbacks, inefficiencies, incapability's with original vendor. On 7/3/06: The Coalition members went live on new DSI ClientTrack.net HMIS software September 18-19, 2006 National HMlS Conference Birgit Pauli-Haack, Project Management & System Administrator was asked to co-present a conference session entitled: "Changing HMIS Software - What Do I Need to Know? When is the Right Time? What are the Cost Implications?" September 18-19, 2006 National HMIS Conference Local HMIS system known as INCCC (Information Network for the Community of Collier County) was one ofthree recipients of the 2006 HMIS Breakthrough Year Award. INCCC (HMIS) was recognized by HUD for having overcome significant implementation barriers after ongoing challenges with deployment at the local level. March 2007: Physician Led Access Network (PLAN) became an active member of the HMIS program in Collier County, btinging the total of active paliicipants to seven (7). May 2007: Immokalee Non-Profit Housing and Youth Haven became an active partners in HMIS, bringing the total participating organizations to nine (9). J CoWer County, Florida 2007 Continuum of Care Exhibit 1 Fonn HUD-40090-1 33 Agenda Item No. 16D12 May 22, 2007 Page 51 of 118 V: CoC Chronic Homeless (CH) Progress Chart The data in this chart should come from point-In-time counts also used for Chmi K: Populations and Subpopulations Chart and Chart I: Housing Inventory Chmi, For fUliher instructions in filling out this chart, please see the Instructions section. 1. Enter the total number of chronically homeless persons in your CoC and the total number of permanent housing beds designated for the chronically homeless in your CoC for each vear. Year Number ofCH Persons Number of PH beds for the CH 2005 44 0 2006 73 0 2007 52 9 Briefly describe the reason(s) for any increases in the total number of chronically homeless persons bctwccn 2006 and 2007: Based on the January 2007 point in time count, there was a decrease of28.7% 2. Indicate thc number of new PH beds in place and made available for occupancy 9 for thc chronically homeless between February I, 2006 and January 31,2007: 3. Identify the amount of funds from each funding source for the development and operations costs of the new CH beds created between February I, 2006 and January 31,2007. --I --,--- --------_._._~-_._^ - , Public/Government I i--- ..- , State I I h.' _~' ,$ $ 1;- $ $ .J____,_~_ Pnvate Cost Type HUD McKinney- Vento Other Federal Local Devclopment I Operations iT~:r~L $ $ -~~_.,- $ $ $ $ $ $ 1$ Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD-40090-1 34 Agenda Item No. 16D12 May 22, 2007 Page 52 of 118 W: CoC Housing Performance Chart The following chali will assess your CoC's progress in reducing homelessness by helping clients move to and stabilize in permanent housing, access mainstream services and gain employment. Both housing and suppOliive services projects in your CoC will be examined. Provide information from the most recently submitted APR for the appropriate RENEWAL project(s) on your CoC Project Priorities Chart. Note: If you are not submitting any renewals in this year's competition for the applicable areas presented below, check the appropriate "No applicable renewals" box in the chart. 1. Participants in Permanent Housing (PH) HUD will be assessing the percentage of all participants who remain in s+c or SHP permanent housing (PH) for more than six months. SHP projects include both SHp.PH and SHP.Safe Haven PH renewals. Complete the following chari using data based on the most recentlv submitted APR for Question 12(a) and 12(b) for PH projects included on your CoC Priority Chali: L81 . . No applicable PH re.l1cwals are on the CoC Project Priorities Chari APR 0 All PH renewal projects with APRs submitted are included in calculating the responses Data below a. Number of participants who exited PH project(s)-APR Question 12(a) .. .. ; ~)'Jumber of participants who did not leave the project(s)..-APR Ouestion 12(E)---- .. '~r~-- I-c. Number who exited after staying 7.!1]0.ntlls or longer in PH-APR Question 12(a) '-----1...__ d. Number who did not leave after staying 7.tnonths or longer in PH-APR question 12(b) L.on e. Percentage of all participants in PH projects staying 7 months or longer I % (c. + d. divided by a. + b., multiplied by lOa = e,) I I I 2. Participants in Transitional Housin~ (TH) ...- I HUD will be assessing the percentage of all TH clients who moved to a pClmanent housing I sltual1on. TH plOJects lIlclude SHp.TH and SHP.Safe Haven/TH not IdentIfied as pelmanent ! housing Complete the following chart using data based on the most recentlv submitted APR : Qu '0 L81 c. estion 14 for TH renewal projects included on your CoC Priorities Chart. I No applicable TH renewals arc on the CoC Project Priorities Chari APR All TH renewal projects with APRs submitted are included in calculating the responses Data I below I Number of participants who exited TH project(s)-including unknown destination 8 I l'Jumber of particjpants who moved to ,PH 6 .. Percent of participants in TH projects who moved to PH 75% (b. divided by a., multinlied bv lOa ~ c.) .,----- a. b. Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD.40090.1 35 Agenda Item No. 16012 May 22, 2007 Page 53 of 118 X: Mainstream Programs and Employment Project Performance Chart HUD will be assessing the percentage of clients in all your renewal projects who gained access to mainstream serviccs, especially those who gained employment. This includes all S+C renewals and all SHP renewals, excluding HMIS projects. Complete the following charts based on responses to APR Question II for each of the renewal projects included on your CoC Priority Chart. For further instructions for tilling out this section, see the InstlUctions section at the beginning of the application. 0 No applicable renewal projects for the Mainstream Programs and Employment ChaIt are included in the CoC Priorities Chart. 0 All renewal projects on the CoC Priorities Chart that are not exempted from reporting in the APR are included in calculating the responses below. ~(If (2) ---1-----(3) '(4)'- I U~l..~n:~~r of Adults Income Source Number of Exiting Percent with , Who Left (Use same Adults with Each Income at Exit number in each cell Source oflncome (CoI3+Coll x 100) !fX(1IIlpje:___lQ5____.b. SSI .______ 40 38.1% I EXIlm Ie: 105 ; b. SSDI 35 33.3% 8 I a. SSI 0 0 -,--,. --'--- 8 ------.-- 8 8 8 ~ --lL 'Ii eterans Benefits --- .. O. 0 8 -I i!.:_Entployment Income___I-----7---- 87.5% 8 I L. Unemplo,Y!',ent Benefit~_L______ 0 __ 0 8 JJj._Veterans Health Care I' -..Q.......-----t=-- 0 8 [k. Medicaid 2 25%, 8 i 1. FoofStamps ---=.=L___ 3------_____ 37':;0/<>_ --'j 8__jji' 111. Other (please s edf WIC 3 ~ __ 37.58% 8 n. No Financial Resources I ' 12.5% ~ --------,_..- ,.--_.,,-, ------. ,- -.--------------.- ------'----.--.----- Collier County, Florida 2007 Continuum of Care Exhibit 1 FOlm HUD-40090-1 36 Agenda Item No. 16012 May 22, 2007 Page 54 of 118 Y: Enrollment and Participation in Mainstream Programs Chart It is fundamental that your CoC svstcmatica/lv helps homeless persons identify, apply for and follow- up to receive benefits under SSI, SSDI, TANF, Medicaid, Food Stamps, SCHIP, WIA, and Veterans Health Care as well as any other State or Loeal progrnm that may be applicable, Which policies are cunently in place in your CoC to help clients secure these mainstream benefits for which they are eligible? Check those activities implemented by a majoritYo!' your CoC's homel~ss'assistance providers check all that i.lPJlly): . o A majority of homeless assistance providers have case managers systematically assist clients in com letin a lications for mainstream benefit programs.. o The CoC systematically analyzes its projects' APRs to assess and improve access to mainstream programs. [gJ The CoC has an active planning committee that meets at least three times a year to improve CoC-wide participation in mainstream programs..... ....___~~~. .. o A majority of homeless assistance providers use a single application fonn for four or more of the above mail!~l!:~~ll1 jJl:<>gran~__._~____. .... _._..... o The CoC systematically provides outreach and intake staff specific, ongoing training on how to identif elig.i!JilitY.~cJ..p..r:()grilm chE!.nges for mainstream programs. . o The CoC or any of its projects has specialized staff whose primary responsibility is to identify, enroll, and follow-ull withl~()n1el(lsU'ersons l!l1.ll~!1icipa~ion in mains!!,eam ro rams. iXI A majority of homeless assistance providers supply transportation assistance to clients to attend 16J mainstream benefit appointments, employment training, orjobs. .~._.____________.. o A majority of homeless assistance providers have staff systematically follow-up to ensure that mainstream benefits are received. I = The CoC coordimltcs'\~Tih'theStai~rntenlge;:;~yCo;;-l:;~j](s) on Homelessness to reduce or ID b' .. . remove amers to acCeSS1l1Kll1[1111streatl1.~~rvlces. .. ._~_. '!-: Ull~~e",uted Grants AwardedJ).rior !t>!!!~_2.QQ~ CoC Competition Chart . I' Provide a list of all HUD McKinney-Vento Act awards made prior to the 2005 competition that are not et under contract (i.e., signed ant a 'reement or executed ACC). Pro'eetNumbcr A lieantNamc I Pro'cctNamc I GrnntAmount Exam Ie: MI23B901002 Michiana Homes, Inc. I TH for Homeless $514,000 NOT AI'I'.Llf~J~J'~_J__..n______._ T~tai: C~ ._______=___------ Collier County, Florida 2007 Continuum of Care Exhibit 1 Fonu HUD-40090-1 37 Agenda Item No, 16012 May 22, 2007 Page 55 of 118 AA: CoC Participation in Enerl!v Star Chart - HUD promotes energy-efficient housing, All McKinney-Vento funded projects are encouraged to promote energy efficiency, and are specifically encouraged to purchase and use Energy Star labeled products, For information on the Energy Star initiative go to: http://www,energystar.gov, Have you notified CoC members of the Energy Star initiative? ['gJYes ONo Percentage of CoC projects on CoC Priority Chart using Energy Star appliances: 100 % B: Section mplovment o ICV art YES NO L Is any project in your CoC requesting HUD funds for housing rehabilitation or 0 ['gJ new construction? 2, If you answered yes to Question 1: 0 0 Is the project requesting $200,000 or more? 3, If you answered yes to Question 2: What activities will the project undertake to ensure that employment and other economic opportunities are directed to low- and very low-income persons, per the Housing and Urban Development Act of 1968 (known as "Section 3")? Check all that apply: o The project will have a preference policy for hiring low- and very low-income persons residing in the service area or neighborhood wherc the project is located, and for hiring Y outhbuild participants/graduates, o The project will adveltise at social service agencies, employment and training centers, community centers, or other organizations that have frequent contact with low- and very low- income individuals, as well as local newspapers, shopping centers, radio, etc, o The project will notify any area Y outhbuild programs of job opportunities, o If the project will be awarding competitive contracts of more than $100,000, it will establish a preference policy for "Section 3 business concerns"- that provide economic opportunities and will include the "Section 3 clause"-* in all solicitations and contracts, o The project has hired low- or very low-income persons, - A "Section 3 business concern" is onc in which: 51 % or more of the owners are section 3 residents of the area of service; or at least 30% of its permanent full-time employees are cunently section 3 residents of the area of service, or within three years of their date of hire with the business concern were scction 3 residents; or evidence of a commitment to subcontract greater than 25% of the dollar award of all subcontracts to businesses that meet the qualifications in the above categories is provided, '*The "Section 3 clause" can be found at 24 CFR Part 135, A 3E I P r Ch Collier County. Florida 2007 Continuum of Care Exhibit 1 Form HUD-40090-1 38 Agenda Item No. 16012 May 22, 2007 Page 56 of 118 Acknowledgment of Application Receipt U.S. Department of Housing and Urban Development Type or clearly print the Applicantls name and full address in the space below. SAWCC, Inc. (Shetter for Abused Women & Children) P.O. Box 10102 Naples, FL 34101 (fotdtinc) Type or clearly print the following information: Name of the Federal Program to which the applicant is applying: HUD-SHP- Continuum of Care To Be Completed by HUD D HUD received your application by the deadline and will consider it for funding. In accordance with Section 103 of the Department of Housing and Urban Development Reform Act of 1989, no information wi!( be released by HUD regarding the relative standing of any applicant until funding announcements are made. However, you may be contacted by HUD after initial screening to permit you to correct certain application deficiencies. D HUD did not receive your application by the deadline; therefore, your application will not receive further consideration. Y OUf application is: D Enclosed D Being sent under separate cover Processor's Name Date of Receipt form HUD-2993 (2199) Agen~~ rf~~?%: Expir~! ..".. Application for Federal Assistance SF-424 Version 02 '1, Type of Submission: '2, Type of Application ' If Revision, select appropriate letter(s) 0 Preapplication 0 New I2l Application I2l Continuation 'Other (Specify) . 0 Changed/Corrected Application o Revision 3. Date Received: 4, Applicant Identifier: 5a, Federal Entity Identifier: '5b. Federal Award Identifier: State Use Only: 6. Date Received by State: l~ 7, State Application Identifier: 8, APPLICANT INFORMATION: 'a, Legal Name: SAWCC, Inc. (Shelter for Abused Women & Children) 'b, EmployerfTaxpayer Identification Number (EINmN): "c. Organizational DUNS: 59-2752895 836680769 d, Address: 'Street 1: P.O, Box 10102 Street 2: 'City: Naoles County: Collier Countv "'State: Florida Province: 'Country: United Slates 'Zip I Postal Code 34101 e. Organizational Unit: Department Name: Division Name: f. Name and contact Information of person to be contacted on matters Involving this application: Prefix: Ms, "First Name: Nicole Middle Name: S. 'Last Name: Muley Suffix: Title: Development & Grants Officer Organizational Affiliation: *Telephone Number: 239-775-3862 exL 202 Fax Number: 239-775-3061 "Email: nmuley@naplesshelter,org Application for Federal Assistance SF-424 Version 02 ,I "9, Type of Applicant 1: Select Applicant Type: M,Nonprofit w/501 C3 IRS Status(Oth Than Higher Edu Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: "Other (Specify) "10 Name of Federal Agency: US Department of Housing & Urban Development-HUD 11, Catalog of Federal Domestic Assistance Number: 14-235 CFDA Title: SUDoortive Housina Proaram-SHP "12 Funding Opportunity Number: FR-5100-N-14 'Title: Continuum of Care Homeless Assistance Proaram-COC 13, Competition Identification Number: COC-14 Title: Continuum of Care Homeless Assistance Proaram-COC 14, Areas Affected by Project (Cities, Counties, States, etc.): Collier County, Florida "15, Descriptive Tille of Applicant's Project: Transitional Housing Renewal Agenda Item No. 16012 OMB~22,42tJt1jfl04 Expi~ea\i6 Qlf/~11:!l)09 Agenda Item No, 16012 OMB Ma;>a2~QlOOIIlo4 Expirki'tOOfl.R,\J Glh,f.fil09 -I Application for Federal Assistance SF-424 Version 02 16, Congressional Districts Of: "a, Applicant; 14 "b, Program/Project; 14 17, Proposed Project: "a, Start Date: September 1, 2008 "b. End Date: August 30, 2011 18, Estimated Funding ($): "a, Federal 339,000 "b, Applicant "c, State "d, Local *e. Other Of. Pr09ram Income "g, TOTAL 339,000 "19. is Application Subject to Review By State Under Executive Order 12372 Process? 0 a, This application was made available to the State under the Executive Order 12372 Process for review on _ 0 b, Program is subject to E,O, 12372 but has not been selected by the State for review, IS! c, Program is not covered by E. 0,12372 "20, is the Applicant Delinquent On Any Federal Debt? (If "Ves", provide explanation,) DYes IS! No 21, "By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge, I also provide the required assurances"" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties, (U, S, Code, Title 218, Section 1001) ISI "" I AGREE ...* The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr, "'First Name: James Middle Name: "Last Name: Jessee Suffix: "Title: President, SAWCC, Inc, Board of Directors "Telephone Number: 239-775-3862 I Fax Number: 239-775-3061 " Emaii: jjessee@comcastnet -----. /l. "Sl9nature of Authorized Representative! ~ /7~ I "Date Signed: ~4 M 7 -. 7"' / Authonzed for Local ReproductIOn Standard Fonn 424 (ReVISed t 0/2005) Prescribed by OMB Circular A-l 02 Agenda Item No, 16012 May 22, 2007 OMlJ'~ 4U4i\-oBo4 Expiration Date: 0113'112009 Application for Federal Assistance SF-424 Version 02 "Applicant Federai Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt N/a I Agenda Item No. 16012 May 22, 2007 Page 61 of 118 Applicant Certification These certified statements are required by law, Previous versions obsolete form HUD-40090-4 A. For the Supportive Housing (SHP), Shelter Plus Care (S+C), and Single Room Occupancy (SRO) programs: Fair Housing and Equal Opportunity, It will comply with Title VI of the Civil Rights Act of 1964 (42 U,S,C, 2000(d)) and regulations pursuant thereto (Title 24 CFR part I), which state that no person in the United States shall, on the ground ofrace, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and will immediately take any measures necessary to effectuate this agreement With reference to the real property and structure(s) thereon which are provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer, transferee, for the period during which the real property and structure(s) are used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, It will comply with the Fair Housing Act (42 U,S,c, 3601-19), as amended, and with implementing regulations at 24 CFR part 100, which prohibit discrimination in housing on the basis of race, color, religion, sex, disability, familial status or national origin, It will comply with Executive Order 11063 on Equal Opportunity in Housing and with implementing regulations at 24 CFR Part 107 which prohibit discrimination because of race, color, creed, sex or national origin in housing and related facilities provided with Federal financial assistance, It will comply with Executive Order 11246 and all regulations pursuant thereto (41 CFR Chapter 60- 1), which state that no person shall be discriminated against on the basis ofrace, color, religion, sex or national origin in all phases of employment during the performance of Federal contracts and shall take affinnative action to ensure equal employment opportunity, The applicant will incorporate, or cause to be incorporated, into any contract for construction work as defined in Section 130,5 of HUD regulations the equal opportunity clause required by Section 130, 15(b) of the HUD regulations, It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S,C, l701(u)), and regulations pursuant thereto (24 CFR Part 135), which require that to the greatest extent feasible opportunities for training and employment be given to lower-income residents of the project and contracts for work in connection with the project be awarded in substantial part to persons residing in the area of the project It will comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S,c, 794), as amended, and with implementing regulations at 24 CFR Part 8, which prohibit discrimination based on disability in Federally-assisted and conducted programs and activities, It will comply with the Age Discrimination Act of 1975 (42 U.S.c' 6101-07), as amended, and implementing regulations at 24 CFR Part 146, which prohibit discrimination because of age in projects and activities receiving Federal financial assistance, Agenda Item No, 16012 May 22, 2007 Page 62 of 118 It will comply with Executive Orders 11625, 12432, and 12138, which state that program participants shall take affirmative action to encourage participation by businesses owned and operated by members of minority groups and women, If persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for assistance are unlikely to be reached, it will establish additional procedures to ensure that interested persons can obtain infonnation concerning the assistance, It will comply with the reasonable modification and accommodation requirements and, as appropriate, the accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, as amended, Additional for S+C: If applicant has established a preference for targeted populations of disabled persons pursuant to 24 CFR 582.330(a), it will comply with this section's nondiscrimination requirements within the designated population, B. For SHP Ouly. 20- Year Operation Rule. For applicants receiving assistance for acquisition, rehabilitation or new construction: The project will be operated for no less than 20 years from the date of initial occupancy or the date of initial service provision for the purpose specified in the application, 1-Year Operation Rule, For applicants receiving assistance for supportive services, leasing, or operating costs but not receiving assistance for acquisition, rehabilitation, or new construction: The project will be operated for the purpose specified in the application for any year for which such assistance is provided, C. For S+C Only. Supportive Services, It will make available supportive services appropriate to the needs of the population served and equal in value to the aggregate amount of rental assistance funded by HOD for the full term of the rental assistance, D. Explanation. Where the applicant is unable to certify to any of the statements in this certification, such applicant shall attach an explanation behind this page, Signature of Autho . ed Certifyiug Official: Date: It e: President, SA WCC Board of Directors Applicant: Shelter for Abused Women & Children (SA WCC) For PHA Applicants Only: (PHA Number) form HUD-40090-4 2 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S,C, 1352 Agenda Item No, 16012 May 22, 2007 Page 63 of 118 Approved by OMS 0348.0046 (See reverse for Dublic burden disclosure,) 1, Type of Federal Action: 2. Status of Federal Action: 3, Report Type: ~ a, ccntract ~a, bid/offer/application ~ a, Initial filing b. grant b, initial award b. material change c, cooperative agreement c, post-award For Material Change Only: d, loan year quarter e, loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5, If Reporting Entity in No.4 is a Subawardee, Enter Name E]Prime o Subawardee and Address of Prime: Tier /f known: ConQressional District, ifknown: 14 Connressional District, if known: 6. Federal Department/Agency: 7, Federal Program Name/Description: HUD- Housing and Urban Development SHP- Supportive Housing Program CFDA Number, if applicable: 14.235 8, Federal Action Number, if known: 9, Award Amount, if known: $ 10, a, Name and Address of Lobbying Registrant b, Individuals Performing Services (inciuding address if (if individual, /asf name, first name, M/): different from No, lOa) (fast name, first name, M/): NONE ~ ~ 11 InformaUon requ8sled lhrough this form is authorized by I/Oe 31 V.S.C. sBellen signat~: 7~ ~. '1352, This disclosure of lobbying activities IS 8 matenal repres8rltation of fact James Je~e /: upon which reliance was placed by the tier above when this lransaction was made Print Na~: or entllred into. This disclosure is required pursuanl to 31 V.S.C. 1352. This information wnl be available for public inspection. Any person who falls to file the Title: President, Board of Directors required disclosure shailbasubjecttoe civllpenalW of not less then $10,OOOend not more than $100,000 for each such failure. 239-775-3862 // /,~ /~~ Telephone No,: Date: / Federal Use Only: J Authorized for Local ReprOduction Standard Fonn LLL (Rev. 7-97) ,,- ,~ SURVEY ON ENSURING EQUAL OPPORTUNITY FOR ApPLICANTS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT p~'~~~~~~~ (EXP.2/28/2009) Puroose: The Federal government is committed to ensuring that all qualified applicants, small or large, non-religious or faith- based, have an equal opportunity to compete for Federal funding. In order for us to better understand the population of applicants for Federal funds, we are asking nonprofit private organizations (not including private universities) to fill out this survey. Upon receipt, the survey will be separated from the application. Information provided on the survey will not be considered in any way in making funding decisions and will not be included in the Federal grants database, While your help in this data collection process is greatly appreciated, completion of this survey is voluntary. Instructions for Submittin~ the Survev: If you are applying using a hard copy application, please place the completed survey in an envelope labeled "Applicant Survey," Seal the envelope and include it along with your application package, If you are applying electronically, please submit this survey along with your application. Applicant's (Organization) Name: SA WCe. Inc. (Shelter for Abused Women & Children) Applicant's DUNS Number: 836680769 Grant Name: SHP-Supportive Housing Program CFDA Number: 14,235 L Does the applicant have 50 1 (c)(3) status? 4. Is the applicant a faith-based/religious organization? _ Yes o No DYes _ No 2, How many full-time equivalent employees does the applicant have? (Check only one box). 5. Is the applicant a non-religious community-based organization? o 3 or Fewer o 4-5 06-14 .15-50 051-100 Dover 100 . Yes o No 6. Is the applicant an intermediary that will manage the grant on behalf of other organizations? 3, What is the size of the applicant's annual budget? (Check only one box) o Less Than $150,000 o $150,000 - $299,999 o $300,000 - $499,999 o Yes _NO 7. Has the applicant ever received a government grant or contract (Federal, State, or local )? _ Yes ONo o $500,000 - $999,999 . $1,000,000 - $4,999,999 8. Is the applicant a local affiliate of a national organization? o Yes . No o $5,000,000 or more SF 424-SUPP (4/2004) INTERNAL REVENUE SERVICE . DISTRICT DIRECTOR c- 1130 ATLANTA, 6A 30301 DEPARTIlEHT eF 'M!lnttftM6tJW'i.~~ May 22, 2007 Page 65 of 118 Date: MA'i 14, tl9l EMployer Identification Humber: 59-2752895 Contact Person: LORETTA HAMILTOn Contact Telephone Hwuber: (404) 331-0170 SHELTER FOR ABUSED HOMEN OF COLLIER COUNTY IHC PO BOX 10102 NAPLES, FL 33941 AddenduM Applies: No . Dear API' I icant: Based on the inforMation you recently subMitted, He have classified your organization as one that is not a private foundation within the .~aning of section 509(a) of the Internal Revenue Code because you are described in sections 509(a) (1) and 170(b)(1)(A)(vi). Your exeMpt status ~nder section 501(a) of the Internal Revenue Code as an organization described in 501(c) (3) isstill in effect. This classification is based on the aSSUMption that your operations will continue as you have stated. If your sources of support. or your p~rposes, -.racter. or method of op&ration change. please let ~s know so we can consider ~ effect of the change on yo~r exempt status and fo~ndation status. This supersedes our letter dated January 13. 1992. Grantors and contributors .ay r:e1y 011 this detenaiuation unless the Internal Revenue Service publ ishes notice to the contra.ry. However, if you lose your section 509(a)(1) stat.s, a' grantor or contributor may not rely on this determination if he or she Has in part responsible for. or Has aHare of, the act or failure to act. or the substantial or material ch4nge on the part of the organization that resulted in your loss of such status. or if he or she acquired knoHledge that ',the Interllal Revenue Service had given notice that YOOL Hould no long&r be classified as a section 509(a) (1) organization. . . 'I If w& have indicated in the heading of this letter that an addendUM applies. the addendUM enclosed is an integral part of this Jetter. BecaOLse this letter could help resolve any questions about yo~r private foundation status. y~u should keep it in your perManent records. , . .. , ~, .. l.... Letter 107S(DO/CG) 50 ApplicanURecipient Disclosure/Update Report U,S, Department of Housing and Urban Development Agenda Item No, 16012 OMS Approval No. 25'O-~(~, &l3lilie009) Page 66 of 118 Instructions, (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2,) ApplicantlReci ient Information Indicate whether this is an Initial Report ~ or an Update Report D 1. ApplicanVRecipient Name, Address, and Phone (include area code): 2. Social Security Number or SAWCC, Inc, (Shelter for Abused Women & Children) Employer ID Number: P,O, Box 10102 Naples, FL 34101 (239) 775-3862 3. HUD Program Name Supportive Housing Program (SHP) 4. Amount of HUD Assistance Requested/Received $339,000 5. State the name and location (street address, City and State) of the project or activity: SAWCC Transitional Housing Renewal (2635 Weeks Avenue, Naples, FL 34112) Part I Threshold Determinations 1. Are you applying for assistance for a specific project or activity? These terms do not include formula grants, such as public housing operating subsidy or CDBG block grants. (For further information see 24 CFR Sec. 4,3), [gJ Yes 0 No 2. Have you received or do you expect to receive assistance within the jurisdiction of the Department (HUD) , involving the project or activIty in this application, in excess of $200,000 during this fiscal year (Oct. 1 - Sep.30)? For further information, see 24 CFR Sec. 4.9 [gJ Yes 0 No. If you answered "No" to either question 1 or 2, Stop! You do not need to complete the remainder of this form, However, you must sign the certification at the end of the report, Part II Other Government Assistance Provided or Requested I Expected Sources and Use of Funds. Such assistance includes, but is not limited to, any grant loan subsidy guarantee insurance payment, credit or tax benefit. Department/State/Local Agency Name and Address Type of Assistance Amount Expected Uses of the Funds RenuestedJProvlded n/a (Note: Use Additional pages if necessary.) Part III Interested Parties. You must disclose: 1. An developers, contractors, or consultants involved in the application for the assistance or in the planning, development, or implementation of the project or activity and 2_ any other person who has a financial Interest in the project or activity for which the assistance is sought that exceeds $50,000 or 10 percent of the assistance (whichever is lower), Alphabetical list of all persons with a reportable financial interest Social Security No. Type of Participation in in the ro'ect or activit For IndIviduals, ive the last name first or Em 10 ee 10 No, Pro'ect/Activit (Note: Use Additional pages If necessary,) Certification Warning: If you knowingly make a false statement on this form, you may be subject to civil or criminal penalties under Section 1001 of Title 18 of the United States Code. In addition, any person who knowingly and materially violates any required disclosures of information, including intentional non- disclosure, is subject to civil money penally not to exceed $10,000 for each violation. I certify that this information is true and complete. ~ Date: {mm/dd/yyyy} ~f/o7 Form HUO-2880 (3/99) SHELTER FOR ABUSED WOMEN & CHILDREN "Breaking the cycle of abuse, building hope.. " Agenda Item No, 16012 May 22, 2007 Page 67 of 118 ETHICS AND STANDARD OF CONDUCT The successful business operation and reputation of SAWCC, Inc, is built upon the principles of fair dealing and ethical conduct of our team members, We value integrity and excellence, Our reputation as an organization with integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for high standards of conduct and personal integrity, Our continued success is dependent upon the trust of our program participants, the public, community partners, and volunteers, We seek to preserve and deepen that trust Team members owe a duty to SAWCC, Inc, to act professionally, courteously, and in ways that merit trust As an organization, SAWCC, Inc, complies with all applicable laws and regulations, We expect our team members to conduct their duties in accordance with the letter, spirit, and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical conduct Team members are absolutely prohibited from unlawfully manufacturing, distributing, possessing, or using controlled substances and alcohol in the workplace, Team members who perpetrate any unlawful violence outside the workplace, including child abuse, will be subject to termination, Team members will not engage in any action that violates or diminishes the civil or legal rights of program participants, Team members will not practice, condone, facilitate, or collaborate with any form of discrimination on the oasis of race, color, gender, sexual orientation, age, religion, national origin, marital status, political belief, mental or physical disability, or any other preference or personal characteristics, conditions, or status, Team members are expected to be tolerant of the opinions and values of others, Team members will not exploit program participants, other staff, volunteers, or outside professional relationships for personal gain, or for the gain of an immediate family member or co-habitant/partner, Team members will not solicit or provide letters of appreciation or reference from program participants, Board members, donors, volunteers, or other team members, Team members will avoid any conflicts between their interests and those of SAWCC, Inc" by declaring personal interest, describing to the CEO the nature of the interest, and refraining from influencing deliberations on the matter by the CEO or Board of Directors, Team members, Board members, volunteers, and agents of SAWCC will not solicit nor accept gifts, gratuities, or honoraria from program participants, other Board members, volunteers, donors, community groups, or organizations soliciting business from SAWCC, All such items are intended as contributions to the Shelter. Violation of this policy may be grounds for termination, P.Q, Box 10t02, Naples, Fl34t01239-775-3862, Fax 239-775-3061 I 24-Hour eri,;, L;ne 239-775-ltOl I lmrnokalee Office 239-657-5700 I T1Y 239-775-4265 Options Thrift Shoppe, 968 Second Avenue North, Naples, FL 34102 239-434-7115 I www.naplesshe1ter.org I info@naplesshelter.org The Shelter for Abused Women & Children is grateful for funding from United Way of Collier County, Department of Children & Families (Domestic Violence Trust Fund) and private contributors. Agenda Item No, 16012 May 22, 2007 Page 68 of 118 Team members will avoid non-professional relationships with program participants or former program participants outside the work environment Team members will not take progrwll participants, former program participants, or their children to the team member's home, Prior relationships with program participants must be immediately reported to your supervisor, Team members will not give gifts to program participants or former program participants, Team members recognize that our goal is to empower, not rescue program participants, Team members will make every effort to foster maximum self-determination of program participants, Team members will abide by the Advocates Oath and the non-program staff guidelines for working with program participants (see following documents), Team members, under no circumstances, will engage in physical or verbal abuse of program participants, other staff, or volunteers; nor will they engage in any action that violates or diminishes the civil or legal rights of others, Such behavior can result in termination of employment Team members who witness such acts are required to report the act to their supervisor or CEO, Failure to report such acts may be grounds for termination, Team members will respect the confidentiality of program participants and hold in confidence all information obtained in the course of professional services, Team members are prohibited from discussing information about program participants with persons other than staff directly involved with the program participant or members of the management team, Program participant confidentiality and privilege are outlined in state statute and must be maintained during both working and non-working hours, Former team members are obligated to maintain confidentiality and privilege of all communications with and about program participants, Program participant confidentiality is maintained even after the person is deceased, If a program participant wishes to make a specific comment or complaint about any aspect of SAWCC, you should direct the person first to the appropriate Supervisor. If she cannot resolve the issue, she will direct the program participant to the CEO, Team members may not solicit funds, grants, in-kind contributions, or volunteer services without approval of the CEO, Written solicitations must be approved in advance by the CEO, Team members are expected to give their best job performance, They are expected to be resourceful, creative problem solvers; to strive to continually improve; to work as a team; and to lend a hand to co-workers when possible, All donations given SAWCC, including cash and in-kind, are for the sole use of our program participants and not for the use of team members, Only the CEO can determine if a donation can be used for other purposes such as administrative or fundraising. Team members will render efficient service and assure economical operation of SAWCC equipment and facilities, They are expected to guard SAWCC's assets, Team members have a responsibility to report theft They also have a responsibility to report reimbursable expenses accurately, Not doing so will be considered a form of theft and grounds for termination, Agenda Item No, 16012 May 22, 2007 Page 69 of 118 In'general, you should find that using good judgment, based on high ethical principles, will guide you to act appropriately, If you are unsure about the proper course of action, you should discuss the matter openly with your supervisor. If necessary, you may also contact the CEO for advice and consultation, The private conduct of team members is a personal matter except when such conduct compromises the fulfillment of professional responsibilities or when the team member, in conducting private activities, identifies herself publicly as an team member of SAWCC. Team members will distinguish clearly between statements and actions made as private individuals and as repmsentativesof SAWCC, Team members who wear their nametags or uniform shirts, or who distribute SAWCC business cards or literature, are identified as employees of the Shelter and should act accordingly, Certified Shelter team members are mandated reporters of child abuse and neglect under Florida statutes, Suspicion of child abuse and neglect by program participants must be reported by team members to the Abuse Hotline, 800-962-2873, Consult your supervisor before making the call. Any team member herself under investigation for child abuse or neglect may be suspended without pay until the investigation is complete, Once cleared of all allegations, employment can be reinstated and wages paid retroactively, If a team member is convicted, employment will be terminated, It is the responsibility of every SAWCC, Inc, team member to comply with our policy of business ethics and conduct. Disregarding or failing to comply with this standard of business ethics and conduct could lead to disciplinary action, up to and including possible termination of employment Also, any team member who observes a serious violation of pOlicies by another team member is obligated to report the incident to her Supervisor. Not doing so could result in disciplinary action, This document stating the ethics and standard of conduct for SAWCC will be distributed to every team member, volunteer, and Board member and reviewed during their orientation, Questions about these standards should be directed to (239) 775-3862, ~~ ames Jess President, SAWCC, Inc, Board of Directors Agenda Item No, 16012 May 22, 2007 Page 70 of 118 Section I: Project Summary Information P A G IP tl ~ f art . en era rO.lec norma IOn (All ProJects) . 1. Project Priority Number 2. D New Project 3. I f renewal, list Previous Grant Number: (From Project Priority Chart in Exhibitl): _1_ previous grant number FL14B20-6002 & project identifier D Check box if project is a [gJ Renewal Project number (PIN): PIN Numbcr: FLl4067 #1 Priority Samaritan Bonus Project 4. HUD-Defmed CoC Name: 5. CoC Number: Naples/Collier Countv COC FL-606 6, Applicant's Organization Name (Legal Name from SF-424) 8, Applicant's DUNS Number SA WCC, Inc, (Shelter for Abused Women & Children) (From SF-424): 7, W Check box if Applicant is a Faith-Based Organization 836680769 [gJ Check box if Applicant has ever received a federal grant, either directly from a federal agencv or through a state/local agencv 9. Projcct Applicant's Address (From SF-424) 10, Applicant's Employer Street: P.O. Box 10102 Identification Number (EIN) (From Citv: Naples State: FL Zip:34101 SF-424): 59-2752895 11, Contact person of Project Applicant: (From SF-424) Name: Nicole S, Muley Phone number:239-775-3862 12, [gJ Check box if Project Title: Development & Grants Officer Fax number:239-775-3061 Applicant is the same as Project Email Address: Sponsor nmuley(aJ~aplesshelter.org 13. Project Name: Transitional Housing-Renewal 14. Project's location 6-digit Geographic Code: 129021 15, Project Address (S+C SRAs, if multiple sites list all addresses including): 18, D Check box if Energy Star is Street: 2635 Weeks Avenue used in this project City: Naples State: FL Zip: 34112 19. Project Congressional District(s) 16. D Check box if project is located in a Rural Area :14 17, Ifproiect contains housing units, are these units: D Leased? DOwned? 20, Project Sponsor's Organization Name (If different from Applicant) 22. Sponsor's DUNS Number: 21. W Check box if Project Sponsor is a Faith-Based Organization ~ Check box jfProject Sponsor has ever received a federal grant, either directly from a federal agency or through a state/local agency 23, Project Sponsor's Address (if different from Applicant) 24. Sponsor's Employer Street: Identification Number (EIN): City: State: Zip: 25, Contact person of Project Sponsor (if different from Applicant) Name: Phone number: Title: Fax number: Email Address: Form HUD-40090-2 Agenda Item No. 16012 May 22, 2007 Page 71 of 118 Part B: Project Summary Budget BI. Supportive Housinl! Prol!ram (SHP) (All SHP Projects a. ~ SHP Proe:ram c. Grant Term* (Check only oue box) b. Component Types (Check only one box) 0 0 rgJ rgJ 0 0 0 0 Safe Haven/TH TH PH SSO HMIS o Safe Haven/PH 1 Year 2 Years 3 Years d. Proposed e. SHP Dollars f. Cash Match g. Totals SHP Activities Request (CoI. e + CoI. f) 1. Acquisition 2. Rehabilitation 3. New Construction 4. Subtotal (Lines 1 throue:h 3) ....,",.........f,;,f',;2 5. Real Property Leasing !0!;:!'J,;;'",,",.~,\;i!,ti);!i """.' From LeasinQ BudQe! Chart 6. Supportive Services 141,120 35,280 176,400 From Supportive Services Budget Chart 7. Operations 192,500 64,166 256,666 From Operating Budget Chart 8. HMIS From HMIS Budget Chart 9. SHP Request 333,620 Total Budget (Subtotal lines 4 through 8) Total (Total SHP 10. Administrative Costs 5,380 Cash Match Request + Total (Up to 5% of line 9) Cash Match) 11. Total SHP Request 339,000 99,446 438,446 (Total lines 9 and 10) ) *New projects must be 2 or 3 years, except new HMIS projects and new hold harmless reallocation projects, which can be 1, 2 or 3 years. B2. Shelter Plus Care S+C All S+C Pro'ects a. S+C Pro ram c. Grant Term (Renewals are 1 year only) b. Componeut Types (Check only one box) (Check only one box) 00000 TRA SRA PRA PRAR S+C/SRO o Renewal 1 Year o New 5 Years o New (PRAR, S+C/SRO) 10 Years 1. Total S+C Rental Assistance Amount from S+C and SRO Budget Chart $ B3. Section 8 Sin Ie Room Occu a. 1. $ Form HUD-40090-2 2 Agenda Item No. 16012 May 22, 2007 Page 72 of 118 Part C: Point in Time Housing and Participants Chart All Proiects Except Dedicated HMIS Proiects) I. Housing Type* la. 0 Multi-family 1b, 0 Scattered Site (Check all that apply) o Single-family ~ Project Based [gj Conl!rel!ate Facilitv a. Current b. New Effort or c. Projected 2. Units, Bedrooms, Beds Level Chauge in Effort Level (Point-in-Time) (If ADl'licable) (column a + col.EL Number of Units u/a nla nla --".- Number of Bedrooms 4 n/a 4 Number of Beds 20+ n/a 20+ 3. Participauts 6 n/a 18 a, Number of Households with Dependent Children I. Number of adults 6 n/a 18 [I. Number of children 12 n/a 36 '" Number of disabled persons 1 n/a 3 111. b, Number of Households 2 n/a 6 without Dependent Children I. Number of disabled persons 1 n/a 3 11, Of all disabled persons, number n/a n/a n/a of chronically homeless 'Housing Types: Multi-family (apartments, duplexes, SROs, other buildings with 2 or more units); Single-family; Congregate Facility (dormitory, barracks, shared-living), Part D: Targeted SubpopuIations (All Projects Except Dedicated HMIS Projects) List the approximate percentages for each homeless subpopulation you expect to serve, If you expect to serve subpopulations that fit more then one category (i,e, Severely Mentally III Persons with Chronic Substance Abuse), you may place overlapping approximate percentages on the appropriate lines, [fthis is a #1 priority project, it must serve 100% chronically homeless persons to receive the Samaritall bOllUS. 1. Homeless Subpopulations 2. Approximate Perceutal!es (%) Chronically Homeless (as defined by HUD) 0% Severely Mentally III 0% Chrouic Substance Abusers 0% Veterans 0% Persons with HIVIAIDS 0% Victims of Domestic Violence 100% Unaccompanied Youth 0% (Under 18 years of al!e) -- Form HUD-40090-2 3 Agenda Item No, 16012 May 22, 2007 Page 73 of 118 Part E: Dischar!!e Policy (Only State & Local Government Applicants) Are there policies and protocols developed or implemented for the discharge of persons from publicly funded institutions or systems of care (e,g" health care DYes 0 No facilities, foster care or other youth facilities, or corrections programs and institutions) in order to prevent such discharge from immediately resulting in homelessness or requiring HUD McKinney-Vento homeless assistance for such persons in your jurisdiction? Part F: Project Leveraging Chart (All Projects) HUD homeless program funding is limited and can provide only a portion of the resources needed to successfully address the needs of homeless families and individuals, BUD encourages applicants to use supplemental resources, including state and local appropriated funds, to address homeless needs, Please be aware that undocumented leveraging claims may result in are-scoring of your application and possible withdrawal of your conditional award(s). For further instructions for filling out this section, see the Instructions section, Type of Source of Identify Source as: Date of Value of Contributiou Contribution (G) Goverument* Written Written or (P) Private Commitment Commitment Examnle: Child Care CDBG G 2/15/06 $10,000 Revenue Options Thrift Shoppe P 4/20/07 851,236 ~(;_overnment sources__~re appropriated dollars. TOTAL: $851,236 Part G: Project Participation and Data Coverage in Homeless Management Information System (HMIS) (All Projects Except Dedicated HMIS Projects) J. Is this project providing client level data to the HMIS either through direct data entry or data upload/integration at least annually? 0 Yes ~ No a. If no, when does the proj ect anticipate providing client level data to the HMIS? If not applicable, briefly explain, Domestic Violence Ceuter, See attached b. If yes, is the client level data collected on all persons served by the project provided to the HMIS? DYes ONo Form HUD-40090-2 4 March 29, 2007 SHELTER FOR ABUSED WOMEN & CHILDREN "Breaking the cycle of abuse, building hope..." Agenda Item No. 16012 May 22, 2007 Page 74 of 118 To: Collier County COC and the Department of Housing and Urban Development From: Shelter for Abused Women & Children Re: HMIS Questions on SHP applications Is this project participating in the HMIS? Yes, SA WCC has been participating in HMIS to the fullest extent allowed by law since January of2003, The recent confidentiality provisions passed by Congress in the Violence Against Women Act (VA W Aj 2005, that specifically prohibit domestic violence programs from submitting data to the HMIS data collection system that was implemented by HUD for programs receiving McKinney-Vento Funds, Those provisions of V A W A 2005 reaffirm confidentiality protections for victims of domestic violence, sexual assault and stalking, and prevent local victim service programs from providing personally identifying information about victims to the HMIS database, Under Section 605 of the VAWA 2005, a grant recipient or sub-grantee under the McKinney- Vento Act is specifically instructed not to disclose personally identifj,ing information about any client to HMIS, Under Section 3 of VA WA 2005, a grant recipient ofVAWA or FVPSAfunds shall not disclose personally identifying information about clients, Our program receives funding under McKinney-Vento, VA W A and FVPSA Our program has not been providing personally identifying client-level data to HMIS, and will not do so now, Will client-level data be included in the HMIS for all persons served by this project? No, our domestic violence program cannot participate in HMIS by providing client-level data, As a result of federal law, and Florida law confidentiality protections, and consistent with BUD's own statement that organization "must also comply with federal, state, and local laws that require additional confidentiality protections," Providing any individual client-level data to the HMIS system would violate Florida's law and Section 605 and Section 3 of VA W A 2005, However, we are permitted to provide unduplicated, aggregate data'that do not specify any identifying information of an individual or group of individuals who are protected by the domestic violence victim-advocate privilege, We anticipate that HUD, through the local Continuum of Care, will honor our program's compliance with the federal privacy requirements uuder the Violeuce Against Women Act, imd under Florida's law, aud that HUD will not penalize our program in scoring of its funding application. P.O. Box 10102, N,aples, FL, 34101239-775-3862, Fax 239-775-3061 I 24-Hour Crisis Line 239-775-1101 I lmmokalee Office 239-657-5700 I TTY 239-nS-4265 Options Thnft Shoppe, 968 Second Avenue North, Naples, FL 34102 239-434-71151 www.naplesshelter.orgl info@naplesshelter.org The Shelter for Abused Women & Child e' t ful f fu d" f U' d r n IS gra e or n 109 rom rute Way of Collier County, Department of Children & Familie... (Domestic Violence Trust Fund) and private contributors, Agenda Item No, 16012 May 22, 2007 Page 75 of 118 Part H: Renewal Performance (All Renewal Projects) Are there any unresolved HUD monitoring findings, or outstanding audit findings related to this project? If"Yes," briefly describe, 1. 0 Yes !2J No Are there any significant changes in the project since the last funding approval? Check all that apply: !2J Number of persons served: from 53 to 60+ o Number of units: from _ to_, o Location of project sites, 2. !2J Yes ONo o Line item or cost category budget changes more than 10%, o Change in target population, o Change in project sponsor. o Change in component type, !2J Othcr: Please explain changes: SA WCC foresees that it will serve annroximatelv 60+ women and children in its transitional housino nroO'ram over the next three years an increase ofnearl 15% in the nrevious nroiection of 53 women and children served during the 2002-2005 [undine period. -- ---- . . H: Renewal Performance (Continued) (For all S+C, SHP-PH, SHP-TH, SHP-Safe Haven, and SSO Renewals): Use information from the most recently submitted Annual Progress Report (APR) to answer questions 3,4, and 5. If an APR has not yet been submitted for this renewal project, please check the N/A box and skip these questions. o N/A 3. Permanent Housing (PH) Performance (To be filled out by all SHP and S+C renewal permanent housing projects, including both SHP-PH and SHP-Safe Haven pcrmanent housiug). Complete the following chart using data based on the most reccntly submitted APR Questions l2(a) and l2(b); a, Number of participants who exitedPHproject(s)-APR Question 12(a) b, Number of participants who did not leave the project(s)-APR Question 12 (b) ""-- c. Of those who exited, how many stayed 7 months or longer in PH-APR Question l2(a) ..---- ____u__.._ d, Of those who did not leave, how many stayed 7 months or longer in PH-APR question l2(b) c, Percentage of aU participants in PH projects staying 7 months or longer % [(c + d) divided by (a + b)1 x 100 = e, Example: [(16 + 15) divided by (20 + 20)1 x 100 = 77.5% 4. Transitional Housing (TH) Performance (To be filled out by all SHP renewal transitional housing projects, including both SHP-TH and SHP-Safe Haven transitional housing). Complete the following chaIt using data based on the most recently submitted APR Question 14: a, Number ()fj:>articipants who exited TH project(s}:-including unknown destination (adults) 8 b, Number of participants who moved to PH-from anv destination identified as permanent housing 6 -- ,. c, Of the number of participants who left TH, what percentage moved to PH? 75% (bdividedbya) x ]OO=c Example: (14/l8)x ]00=77,7%, Form HUD-40090-2 5 Agenda Item No, 16012 May 22, 2007 Page 76 of 118 H: Renewal Performance (Continued) 5. Supportive Services - Mainstream Programs and Employment Chart (To be filled out by all S+C and SHP renewals, except dedicated HMIS projects) HUD will be assessing the percentage of clients in your renewal project who gained access to mainstream services and, especially, who gained employment Based on responses to APR Question 11 complete the following: I 2 3 4 Number of Adults Who Left Income Source Number of Exiting 0/0 with Income (Use the same number Adults with Each Source at Exit in each row) of Income (Col. 3 .;- Col. 1 x 100) Examnle: 105 a. Social Securitv Insurance (581'" 40 38.1% 105 b. Social Security Disability 35 33.3% ! Insurance ISSDn I c. Social Securitv ----.- 25 23.8% 105 8 I a, SSI 0 0 8 -. i b. ssm --.- 0 0 ,.,.- .-...---- -- _'-_u 8 _~. Social Security 0 0 8 d. General Public Assistance 0 0 8 ---~ --------- . --- e. T ANF 1 --...- ~%. 8 r. SCHIP 0 0 _8 g."__ Veterans Benefits 0 0 8 h. Emnlovmcnt Income 7 87.5% 8 i. Uneml1]omnt Benefits 0 0 ---- 8 i. Veterans Health Care 0 0 8 k Medicaid ---. 25% 2 8 -- J. Food Stamns - 3 37.5% 8 . ._lllc..ot.her (please specify) _~ (WIC) 37.5% ----- .- 8 n. No Financial Resources 1 12.5(Vo Form HUD-400,0.2 6 Agenda Item No, 16012 May 22, 2007 Page 77 of 118 Section II: Project Budgets Part I: SHP Project Budgets (All SHP Projects as Applicable) n. SHP Leasin~ Budget (All SHP Projects with Leasing) Leased Unites) for Housing and/or Services - a. Name of metropolitan or non-metropolitan Fair Market Reut (FMR) area: b. New Projects Only, check the appropriate box that relates your rent to the published FMR. For Renewal Projects, skip to items c-g. o 1% to 99% ofFMR o 100% ofFMR o 101 % to 110% ofFMR (PHA approval letter must be attached), o Greater than 110% (HUD approval letter must be attached), c. Size of U uits d. Number e. HUn Paid f. Number of g. Totals of Units Amount Months SRO x x = $ o Bedroom x x = $ 1 Bedroom x x - $ 2 Bedrooms x x = $ 3 Bedrooms x x = $ 4 Bedrooms x x = $ 5 Bedrooms x x = $ 6 Bedrooms x x = $ Other: x x = $ h. Totals: x x = $ Leased C'. It:; I s) for Housing and/or Services - No Applicable FMR Structure I ~ )f/I xl 1$ Address: Street: City: State: Zip: Structure 2 1:11 x 1$ Address: Street: City: State: Zip: ...-. Form HUD-40090-2 7 Agenda Item No, 16012 May 22, 2007 Page 78 of 118 12. SHP Supportive Services Budget _ All SHP Projects as Applicable) SHP Dollars Requested Supportive Services Costs Year 1 Year 2 Year 3 Total 1. Life Skills Coordinator 23,520 23,520 23,520 70,560 Quantity: 39,200/year x ,60FTE~ 2. Life Skills Coordinator 23,520 23,520 23,520 70,560 Quantitv:39,200/year x ,60 FTE~ 3, Life Skills (outside of case management) Quantity: 4. Alcohol and Drng Abuse Services I Quantity: 5. Mental Health and Counseling Services Quantity: 6. mY/AIDS Services Quantity: 7, Health Related & Home Health Services Quantity: 8. Education and Instruction Quantitv: 9. Employment Services Quantity: 10. Child Care Quantitv: 11. Transportation Quantitv: 12, Transitional Living Services Ouantitv: 13. Other (must specify *) Quantitv: 14. Total SHP dollars requested:** 47,040 47,040 47,040 141,120 (lines 1 to 13) *lfnot specified, tile costs will be removed/rom the budget. **Total of Line 14 must match line 6, column e., 011 the Project Summary Budget. The amount a/the SHP request entered must be no more than 80 oeremt o{the Total Suooortive Services Costs entered on Line 16, 15,Total cash match to be spent on SHP 11,760 11,760 11,760 35,280 eli<>ible snnnortive service activities: 16, Total snnnortive services costs: *** 58,800 58,800 58,800 176,400 *** The Total Supportive Services Costs includes the cash matelt entered on fine 15, and the SHP dollars requested Olt line 14. The total of Line 16 mus/match line 6, col,!,~!! 1(., on the Proiect Summary BudJ(et. ________ Form HUD-40090-2 8 Agenda Item No, 16012 May 22, 2007 Page 79 of 118 13. SHP Dueratinl! Budl!et (All SHP Projects with Operating Costs) Operating Costs-Transitional Housing SHP Dollars Requested of 20 beds in 60 bed facility requires Year I Year 2 Year 3 Total approx. 1/3 of support services for ooeration 1. Maintenance/Repair 7,920 7,920 7.920 23,760 Quantity: 24,000/vear x 33%= 2. Staff 11 ,550 11,550 11,550 34,650 (Facility ManaO'er, 35,000/vear x 33% time= 3. Utilities 19,800 19,800 19,800 59,400 Ouantity: 6O,000/year x 33%= 4. Equipment (Iease/buy) 1,980 1,980 1,980 6,000 Ouantity:6,000/year x 33%= 5, Supplies 3,116 3,116 3,116 9,348 Quantity:9,442/year x 33%= 6. Insurance 19,800 19,800 19,800 59,400 Quantity: 60,000/year x 33%= 7. Furnishings Quantity: 8. Relocation Quantity: (number ofoersons) 9. Food Quantity: 10. Other Operating Activity: * I i Quantity: 11. Total SHP Operating Dollars 64,166 64,166 64,166 192,500 Requested (lines 1 to 10): ** *Ifnot specified, the costs will be removed from the budget **Total of Line I I must match line 7 column e., on the Project Summary Budget The amount afthe SHP request entered must be no more than 75 nercent of the Total 01Jeratinf! Costs elltered on Line 12. 12. Total cash match to be spent on SHP 21,388 21,388 21,388 64,166 eligible operations activities: 13. Total Operating Costs: *** 85,554 85,554 85,554 256,666 , I *** The Total Operating Costs includes lhe cash match entered on line 12 and the SHP dollars requested on line I 11. The total ofLi~-".13 must match line 7, column ~~_,!n tbe Project Summary Bud!(et.._._. I 14. SHP New Project Multiple Structures Budget (All New SHP Projects as Applicable) To be used only for projects with multiple structures with acquisition, rehabilitation or new construction funds, Fill out an additional chart for each structure, Form HUD-40090-Z 9 Agenda Item No. 16012 May 22, 2007 Page 80 of 118 --~---~._-" Structure A Structure B Address: Address: Citv, State, Zin: City, State, Zip: SHP Reauest Total Budget SHP Reauest Total Budget 1. Acquisition 1. Acquisition 2. Rehabilitation 2, Rehabilitation 3. New Construction 3. New Construction 4. Real Property 4. Real Property Leasinp Leasino 5. SUPPOltive Services 5. Supportive Services I 6. Operations 6. Operations I I 7,HMIS 7,HMIS 8, Total 8, Total ,=, IS. SHP HMIS Budl!et (All SHP Pro'ects with HMIS Costs) SHP Dollars Requested HMIS Costs Year 1 Year 2 Year 3 Total Equipment 1. Central Server(s) 2, Personal Computers and Printers 3, Networking 4, Security Subtotal: Software 5, SoftwarelUser Licensing 6, Software Installation 7, SUppOlt and Maintenance S, Supporting Software Tools Subtotal: Services 9, Training by Third Parties 10, Hosting/Technical Services 11, Programming: Customization 12, Programming: System Interface )3, Programming: Data Conversion 14, Security Assessment and Setup 15, On-line COlmectivity (hlternet Access) 16, Facilitation 17, Disaster and Recovery Subtotal: Personnel IS, Project Management/Coordination 19, Data Analysis I 20, Programming 21. Teclmical Assistance and Training 22, Administrative Support Staff Subtotal: Form HUD-40090-2 10 Agenda Item No, 16012 May 22, 2007 Page 81 of118 HMIS Space and Operations 23, Space Costs 24, Operational Costs Subtotal: 25. Total SHP HMIS dollars requested: · · Total of Lilte 25 must be ItO more titan 80 vercent ~ftlte Total HMIS Costs entered on Line 27. 26. Total cash match to be spent on SHP I eligible HMIS activities: I 27. Total HMIS Costs" **The Total HMIS Costs includes the SHP dollars requested olllille 25 and the cash match entered olllille 26, The total on line 27 must match line 8, column g., on the Project Summary Budget. - - ._-------~-_. Form HUD-40090-2 11 .~.___<___._.m -__"'_"__ Agenda Item No. 16012 May 22, 2007 Page 82 of 118 Part J: Shelter Plus Care and Section 8 SRO Project Budgets (All S+C and SRO Projects as Applicable) J1. Shelter Plus Care and Section 8 SRO Rental Assistance Budget I a. Check the box to indicate the type of program;' 0 S+C o Sectiou 8 SRO -.- b. Name of metropolitan or non-metropolitan Fair Market Rent (FMR) area: c. Check the appropriate box that relates your rent to the published FMR*: o l%t099%ofFMR o 100% ofFMR o 101 % to 110% ofFMR (PHA approval letter must be attached), o Greater than 110% (RUD approval letter must be attached), d. Size ofUuits e. Number f. FMR or g. Numher of h. Total OfUuits Actual Rent** Months SRO x x = $ o Bedroom x x = $ 1 Bedroom x x = $ 2 Bedrooms x x = $ 3 Bedrooms x x = $ 4 Bedrooms x x = $ 5 Bedrooms x x = $ 6 Bedrooms x x = $ Other: I x x = $ I i. Totals: I x x = $ i *Please be advised that the actual FMRs used ill calculatillg your S+C or SRO grallt will be those in effect at the time the grallts are cOllditionally approved, which may be higher or lower thall the FMRs listed above. **Ifrequested rent is other than the published FMR, your project will befunded at the requested amount and will not receive all F1I1R update, J2. New Shelter Plus Care Single Room Occupancy (S+C/SRO) and New Section 8 S' I R 0 @RO) P mgle oom ccupancL rOJect Budget a, List below an estimate of the total costs of developing the S+C/SRO roject: Type Amouut Total Rehabilitation Costs (Eligible and Ineligible): Acquisition: Other Costs (Eligible & Ineligible, e,g" furniture): Total: $ i b, List any commitments from public and private sources that you are able to provide at this time to help cover the costs of developing the proj eel: --- Source Amount Total: $ - Form HUD-40090-2 12 Agenda Item No, 16012 May 22, 2007 Page 83 of 118 Section III: New Project Narratives Part K: General Project Narrative Information (All N P t E tD d' d HMIS P . t) ew fO] ee s xeepl e leate roJee s .. _00 1. Provide a general description of the new project (use less than one-half page), SA WCC, Inc, (Shelter for Abused Women & Children) is requesting a renewal of SHP funding of $339,000 for its Transitional Housing Program, The funding will support operating costs, suppOltive services and administrative costs for our existing 20-bed transitional housing program for homeless women and child victims of domestic violence, 2, Enter the percentage of homeless participants(s) that will be served (N/A for dedicated HMTS projects): ~% Persons who came from the street or other locations not meant for human habitation,' 100 % Persons who came from Emergency Shelters,. .......J2% Persons in TH who came directly from the street or Emergency Shelters,' ~% Total of above percentages, Tfthe total is Jess than 100%, describe very specifically where the othcr persons you propose to serve would be coming from, and how these persons would meet the HOO homeless definition (use less than one-quarter page), .This includes persons who ordinarily sleep in one of the above places but are spending a short time (30 consecutive days or less) in ajail, hospital, or other institution, e.--~~o~--" o. 3, Describc the outreach plan to bring these homeless participants into the project SA wee's outrcach program is extensive and pro-active, Victims of domestic violence learn about us in a variety of ways, The homeless women and children who will be participating in the Transitional Housing Program will come from the Shelter's racially and ethnically diverse emergency shelte population, While in emergency shelter, potential transitional housing residents are assessed for appropriateness for the transitional program, Once in the program, each resident continues to work and meet with her assigned case worker, who ensures that each adult resident has a complete support network to enable them to achieve independent living, Homeless victims of domestic violence who are referred to our transitional housing program from any other shelter or homeless program will first be admitted into our emergency shelter. 4, Will basic community amenities (e,g" medical facilities, grocery store, recreation facilities, schools, etc,) be readily accessible (e,g" walking distance, near bus line, etc,) to your clients? ~ Yes, very accessible 0 Somewhat accessible 0 Not accessible - 5, For transitional housiug component only: List the program's maximum allowable lengtll of stay: 24 months 6, For permanent housing for persons with disabilities component where more than 16 persons will reside in a structure: Describe what local market conditions necessitate the development of a project of this size and how the housing will be integrated into the neighborhood, _0 -..- 7, For Shelter Plus Care TRA projects only: Will participants be required to live in particular structures or units during the first year and in a particular area within the locality in subsequent years, or to live in a particular area for the entire period of participation? 0 Yes 0 No Explain how and why the project will implement this requirement (use less than one-half page). Form HUD-40090-2 13 Agenda Item No, 16012 May 22, 2007 Page 84 of 118 8, For Section 8 SRO projects only: a, Describe the rehabilitation proposed for the property and the responsibility you and any other organizations will have in operating and maintaining the property, b, Include a photograph of the building to be assisted with the address (street, city, zip) on the photograph, c, For Non-PHA applicants you must submit a certification letter from the PHA that will administer the rental assistance, Please refer to the instructions for letter content. 9, (SHP ONLY) Will your proposed project use an existing homeless facility or incorporate activities that you are currcntly providing? [gJ Yes 0 No If Yes, check one or more of the activities below that describe your proposed project. Facilities that you are currently operating and activities you are currently undertaking to serve homeless persons may only receive SHP fundingfor the four purposes listed below. My project will: [gJ Increase the number of homeless persons served, o Provide additional supportive services for residents of supportive housing and/or homeless persons not residing in supportive housing, o Bring existing facilities up to a level that meets state and local government health and safety standards, Please explain, o Replace the loss of nonrenewable funding from private, Federal, or other sources (except from the state or local government), which will cease on or before the end of2008, By law, no SHP funds may be used to replace state or local government funds previously used, or designated for use, to assist homeless persons [see 24 CFR 583, 150(a)]. If this (fourth) box is checked, you must fully describe the following in order to be eligible for funding: a, The source of the nonrenewable funding, indicating that it is not under the control of the State or local government b. Why it is nonrenewable, c. When it will cease, d, Document the specific steps you took to obtain other funding, why there are no other sources of funding and why, without the SHP assistance, the activity will cease, Fonn HUD-40090-2 14 Agenda Item No, 16012 May 22, 2007 Page 85 of 118 Part L: Supportive Services the Participants Will Receive (All New Projects Except Dedicated HMIS Projects) 1. Indicate the type and frequency of the proposed supportive services that would fit the needs of the narticiDants (re!!ardless ofthe resources that will be used to Dav for the services): Supportive Service Dailv Weeklv Bi-monthlv Monthly Other [Xl Outreach x l2J Case management x [:SJ Life skills (outside of case x management) IX] Job training x o Alcohol and Drug Abuse Services l2J Mental Health and Counseling x Services rl HIV/AIDS Services o Health Related & Home Health Services o Education and Instruction l2J Emnlovment Services x r l Child Care l2J TransDortation x !Xl Transitional Living Services x . l2J Other - specify: Referrals for x childcare, alcohol and drug abuse services, and education Part M: Accessing Permanent Housing All New Pro'ects Except Dedicated HMIS Projects)___ 1, Describe specifically how participants will be assisted both to obtaiu and also remain in permanent housiug, Residents would be able to stay in the proposed transitional housing for u to two years, During that time, residents will be assisted by their case managers who are well trained and knowledgeable to set achievable goals in regards to pernlanent housing, Within one year of entering the program, residents will be able to establish a support system and individual resource plan, as well as accessing employment skills/career identification to eventually becom self-suffici cnt Sheltcr staff will assist them in making the transition to local permanent housing or in another county or state, Staff will identify resources in the new conununity and connect th participants to those programs by making calls on their behalf, providing letter or introductions, copies of documents, etc, Staff will also assist participants with transportation in to their new home, After they leave transitional housing, all program participants will receive ongoing supportive services and referrals. Supportive services are not limited and may continue as long as necessary, There is no charge for supportive services, Part N: Participant Self-Sufficiency (All New Projects Except Dedicated HMIS Projects) Form HUD-40090-2 15 Agenda Item No, 16012 May 22, 2007 Page 86 of 118 I, Describe specifically how participants will be assisted both to increase their employment and/or income and to maximize their ability to live independently, Each transitional housing resident will work and/or attend school and meet regularly with her assigned case worker. Case manager will guide transitional housing residents through an empowerment based education program where their individual, achievable goals will be set, enabling them to achieve independent living, Educational modules on topics such as money management (budgeting, banking, credit management), nutrition (grocery shopping, cooking) decision making, goal setting, stress management, housing, community resources, employability, and time management will be addressed regularly, Transitional housing residents will also be assisted in obtaining secure/safe means of housing upon leaving the Shelter, income (employment, health, and human services benefits, etc), child care for independent lifestyles, and education to enhance positive parenting skills, etc, In addition, the following types of services will be available to residents of the project: medical and health, assistance in securing government benefits, vocational education and trainin emergency financial assistance, legal aid and immigration assistance, 2, If you are proposing to serve persons with disabling conditions, please describe how this project will assist these persons to address their needs, Depending on the degree of their disabling ... condition, SA WCC will assist 1~e:.l11 wi.th!he above programs ani services, Part 0: Experience Narrative (All j\lew Projects) __ 1, List the specific type and length of experience of all organizations involved in implementing the proposed project, including the project sponsor, housing and supportive service providers, and any key subcontractors, Describe experience directly related to their role in the proposed project as well as their overall experience working with homeless people, For projects contracting for and overseeing the construction or rehabilitation of housing or administering rental assistance, , describe experience, as applicable, A project sponsor must meet the same eligibility standards asi applicants, SA WCC, Inc, was incorporated by a group of concerned citizens as a private Florida non-profit corporation in 1986, In 1989, a twenty-bed emergency shelter facility was opened to those who wer homeless as a result of domestic violence, In 2002, a new 30,000 square foot, 60-bed facility was constructed on time and on budget Over the years, the Shelter has become a well-respected, professional and comprehensive domestic violence program serving all of Collier County, Florida, The Shelter is staffed by 49 well-trained professionals who are given valuable insight from its 10 member volunteer Board of Directors and a 22 member Trustee CounciL Fonn HUD-40090-2 16 Agenda Item No, 16012 May 22, 2007 Page 87 of 118 2, Have you ever received a Federal grant either directly fro state/local agency? ~Yes ONo If Yes, a, List all HUD McKinney-Vento Act grants, othcr than for each grant: the year awarded, grant number, grant Only list HOD-issued grant numbers, If you are uncle assigned to any project, please contact your HUD fiel needed, Year Awarded Grant Number Gra Example: 2002 CA 16B200062 $50 2003 FLl4B20-6002 $339 2006 FL14B50-6001 $226 b, Please explain any delays in implementing any of the exceed the applicable timeliness standards described i (NOFA), c, Identify any unresolved HOD monitoring findings, or any of the grants listed in (2a), 3, Is the applicant or sponsor a nonprofit organization (rather Government)? ~Yes ONo If Yes, one of the following must be attached for each org a, IRS ruling, providing tax-exempt status wlder Section 5 amended, or documentation of nonprofit status as descri the program section of the NOF A. b, Public nonprofit community mental health centers must acceptable to HOD from an authorized official stating th nonprofit organization, .. m a Federal Agency or through a ESG, received after 200 I, including amount, and amounts spent to date, ar about the HOD grant number d office for assistance, Add rows as nt Amouut Amount Spent to Date $375,412 $339,000 o 0,000 ,000 ,000 grants listed in (2a) above which n the Notice of Funding Availability outstanding audit findings related to than a state or unit oflocal anization: 01 C (3) of the IRS Code of 1986, as bed in the Glossary in Section IA,7 of attach a Jetter or other document at the organization is a public Part P: HMIS Narrative (Dedicated HMIS Projects ONLY) 1. Describe how the CoC's homeless needs will be assessed, resources allocated, and services coordinated more efficiently and effectively through the introduction of a new or expanded CoC- wide HMIS, 2, Demonstrate that at least 50 percent of the beds (emergency, transitional and McKinney-Vento permanent housing) listed in the "Current Inventory in 2001" categories in the Fundamental Components in the CoC System - Housing Inventory Chart will be included in the CoC-wide HMIS, 3, Name the lead agency designated to oversee the HMIS project 4, Provide the timetable for implementing the new or expanded HMIS, 5, Demonstrate that no state or local government funds would be replaced with the funding being requested of HUD for this project Form HUD-40090-2 17 SHELTER FOR ABUSED WOMEN & CHILDREN "Breaking ,he cvcle of abuse, building hope... H Agenda Item No, 16012 May 22, 2007 Page 88 of 118 RESOLUTION BY SA WCC BOARD OF DIRECTORS We the Board of Directors of the Shelter for Abused Women & Children (SA WCC, Inc,) do hereby resolve to create an initiative to provide transitional housing for clients of our . Shelter. Our goal is to continue sheltering women and children in our 20-bed capacity transitional housing program and to provide the appropriate services and programs to enable them to become self-sufficient If we receive HUD funding for 50 percent of the projected project costs, we will proceed in the time frame agreed to, We herehy approve this ffiJD grant application, S;,..oI <h;, 2Q~: ~_1' ~//~ James Jessee, President, SA WCC Board of Directors EO. Box 10102, Naples, FL 34101239-775-3862, Fax 239-775-3061 ! 24.Hour Crisis Line 239-775-1101 I Immokalee Office 239-657-5700 I TTY 239-775-4265 Options Thrift Sharpe, 968 Second Avenue North, Naples, FL 34102 239-434-7115 I www.naplesshelter.org I info@naplesshelter.org The Shelter for Abused Women & Children is grateful for funding &om United Way of Collier County, Department of Children & Families (Domestic Violence Trust Fund) and private contributors. SHELTER FOR ABUSED WOMEN & CHILDREN "Breaking the cycle of abuse, building hope..." Agenda Item No, 16012 May 22, 2007 Page 89 of 118 April 20, 2007 To: Collier County Financial Administration and Housing Department From: James Jessee, President, Board of Directors for the Shelter for Abused Women & Children Re: Leverage The Shelter for Abused Women & Children has the ability to sustain and operate the SA WCC Transitional Housing project for the 20 years required period even should the SHP support for this project not be renewed, The source of these funds is the Shelter's Options Thrift Shoppe, which generates in excess of$! million in annual revenues, The attached balance sheet indicates that Option's has generated $851,236 in revenue from July! thru February 28,2007, thus providing a stream of revenue that can support SA WCC's Transitional Housing program, 1=,"J~_#_ P.O. Box 10102, Naples, Pi 34101239~775-3862J Fax 239.775.3061 1 24"HourCrisis Line 239-775-1101 I Irrunokalee Office 239-657-5700 I TTY 239-775-4265 Options Thrift Shappe, 968 Second Avenue North, Naples, FL 34102 239-434-7115 I wvvw.naplesshelter.org I info@naplesshelter.org The Shelter for Abused Women & Children is grateful for funding from United Way of Collier County, Department of Children & Families (Domestic Violence Trust Fund) and private contributors. Agenda Item No, 16012 May 22, 2007 Page' 1 SA WCC, INC. Page 90 of 118 . Revenue and Expenses February 28, 2007 Current Month Current Month Year to Dale Year to Date Actual Budget Actual Budget REVENUES GRANTS Government Grant-FCADV 17,884,23 23,083.33 183,384,10 184,666,64 Government Grant - Clearinghou 0,00 877.50 10,530.00 7,020,00 Government Grant-TANFffraining 0,00 0,00 6,500,00 0.00 Government Grant-HUD 0,00 9,950,00 16,634,00 79,600,00 Government Grant- VOCA 13,846.20 15,000,00 98,511.28 120,000,00 Government Grant-FEMA 0,00 566,67 3,414.00 4,533.36 Government Grant - Hurricane 0,00 0,00 1,749,48 0,00 Government Grant - Emergency 8,710,92 8,000,00 43,568,61 64,000.00 Grant - Stranahan 0,00 2,500,00 30,000,00 20,000.00 Grants - Other 1,550,00 2,916,67 43,770,00 23,333.36 Grant - ChildrensfWine 0,00 12,500.00 150,000,00 100,000,00 Grant - Altria 0,00 2,500,00 30,000,00 20,000,00 Grant - United Way 0,00 12,083.33 108,750,00 %,666,64 Grant - Lois Cohen 0.00 416,67 3,000,00 3,333.36 Grant - O'NeiU 0.00 3,750.00 46,800,00 30,000.00 Grant - Elder Abuse 0,00 4,750,00 57,000,00 38,000.00 Community Foundation 3,000,00 2,916.67 17,220,46 23,333.36 Endowment Contributions 0,00 0,00 142,664.35 0,00 DONATIONS Donations 17,834.35 13,600,00 397,673.52 108,800_00 TItrift Store 149,113,79 110,000.00 ,N~'t~!!'~,~, 880,000,00 Gifts In Kind 0,00 37,500,00 418,906.10 300,000,00 SPECIAL EVENTS Fundraising - Ask Event/04 2,205.12 6,250,00 22,820.05 50,000,00 Fundraising - Ask Event/05 0,00 8,333.33 36,750,00 66,666.64 Fundraising - Ask Event/06 76,92 2,916,67 9,903,77 23,333.36 Fundraising - Luncheon/07 157,250.00 23,33333 485,945,48 186,666,64 Fundraising - Ask Event/07 27,800.00 0,00 32,800,00 0,00 Fundraising - Annual Appeal 435,00 7,916.67 46,675.57 63,333,36 OTHER INCOME Cell Phone Income 408,00 833.33 4,426.50 6,666.64 Giving Tree 1,925.00 833.33 2,425,00 6,666.64 Interest Income 10,003,77 5,833.33 70,906,73 46,666,64 Miscellaneous Income 30.00 833.33 270.00 6,666,64 .'- ~----~ TOTAL REVENUES 412,073.30 319,994.18 3,374,235,92 2,559,953.44 EXPENSES EMPLOYEE COSTS Salaries 145,539,40 160,416,66 1,237,243.20 1,283,333,28 Benefits 38,%8,44 38,500,00 325,184.55 308,000.00 TOTAL EMPLOYEE COSTS 184,507.84 198,916.66 1,562,427.75 1,591,333.28 OPERATING COSTS Advertising 2,245,65 1,791.66 13,360.28 14,333.28 Books/TapesfSub 35,00 416,67 2,421.64 3,333.36 Northern Trust Management Fees 490.30 0,00 1,149.50 0.00 Bankcard Fees & Bank Charges 5,000,87 1,750,00 14,374.54 14,000,00 Dues & Memberships 283,41 750,00 6,569,01 6,000.00 Insurance 2,416,77 7,250.00 69,715,77 58,000.00 Mileage 677,47 625.00 5,455.30 5,000.00 Postage 1,158,91 1,250,00 10,709,46 10,000.00 For Management Purposes Only N~CO ~~ ~ ~....o a.i ~,qi ~ E~,\'\:j.~ ~ ::l'"'1iJ: 53 rn ] ':1' = V Ill:::: S. a3 g' 0 e 0') .~ ..n 0 <(O~U IN '0 il !~ ~~ :>0 ;; i1i Qj o <<i "tii .~ 0 c a." 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' , .. ~ ~ u E E o 0 0 ~ " " 0- W ~- 'It ~ -~ 'It 'It ~- " -~ " -~ " -~ " - ~-~f-~-~f-~f- 'It: 'It * 'It 'It Certification of Consistency with the Consolidated Plan U,S, Department of Housing and Urban Oevelopment Agenda Item No. 16012 May 22, 2007 Page 95 of 118 I certify that the proposed activities/projects in the application are consistent with the jurisdiction's current, approved Consolidated Plan. (Type or clearly print the following information:) Applicant Name: Project Name: Location of the Project: Name of the Federal Program to which the applicant is applying: Name of Certifying Jurisdiction: Certifying Official of the Jurisdiction Name: Title: Signature: SAWCC, Inc, (Shelter for Abused Women & Children) SAWCC Transitional Housing-Renewal P.O. Box 10102 (confidential location) Naples, FL 34101 SHP=Supportlve Housing Program Collier County, Florida Susan Golden Grants Administration Manager Date: Page 1 of 1 Ioem HUD-2991 (3/98) Agenda Item No, 16012 May 22, 2007 Page 96 of 118 Acknowledgment of Application Receipt u.s. Department of Housing and Urban Development Type or clearly print the Applicanes name and full address in the space below. Collier County Hunger and Homeless Coalition, Inc 279 Airport Pulling Road South Naples, FL. 34104 (fold line) Type or clearly print the following information: Name of the Federal Program to which the applicant is applying: Co ( f*,,,,<-Iur /la ,-S .torrel.' 'j);Cl'jr~,...., ,I S {-l P , To Be Completed by HUD D HUD received your application by the deadline and will consider it for funding. In accordance with Section 103 of the Department of Housing and Urban Development Reform Act of 1989, no information will be released by HUD regarding the relative standing of any applicant until funding announcements are made. However, you may be contacted by HUD after initial screening to permit you to correct certain application deficiencies, D HUD did not receive your application by the deadline; therefore, your application will not receive further consideration. Your application is: D Enclosed o Being sent under separate cover Processor's Name Date of Receipt form HUD.2993 (2/99) Application for Federal Assistance SF-424 Version 02 "1, Type of Submission: "2, Type of Application "If Revision, select appropriate ietter(s) 0 Preapplication 0 New I):;] Application I):;] Continuation "Other (Specify) 0 Changed/Corrected Application o Revision 3, Date Received: 4, Applicant identifier: 5a, Federal Entity identifier: "5b, Federal Award identifier: FL 14B40-6004 State Use Only: 6, Oate Received by State: 17, State Application Identifier: 8, APPLICANT INFORMATION: "a, Legal Name: Collier County Hunger and Homeless Coalition INC "b, Employer/Taxpayer Identification Number (EIN/TIN): "C, Organizational DUNS: 04-3610154 150713423 d, Address: "Street 1: 279 Airoort Pullinq Road Street 2: "City: Naples County: *State: FL Province: "Country: US "Zip I Postal Code 33990 e, Organizational Unit: Department Name: Division Name: f, Name and contact information of person to be contacted on matters involving this application: Prefix: "First Name: Birqjt Middle Name: *Last Name: Puali-Haack Suffix: Title: HMIS Administrator Organizational Affiliation: Collier County Homeless Coalition "Telephone Number: 239-595-3882 Fax Number: *Email: bphaack@inccc.org Agenda Item No, 16012 OMS ~2!0J!Q)OOJ4 Expit.R0lgktil:7<lJ>tlli1~9 Agenda Item No, 16012 OMB ~4i1400iY04 Expirafiiil!Wat'.!B<IIn 111&19 Application for Federal Assistance SF.424 Version 02 I , '9, Type of Applicant 1: Select Applicant Type: MNonprofit w/501C3 IRS Status(Oth Than Higher Edu Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Seiect Applicant Type: 'Other (Specify) *10 Name of Federal Agency: Housing and Urban Development 11, Catalog of Federal Domestic Assistance Number: 14-235 CFOA Title: SHP *12 Funding Opportunity Number: FR-5100-N-14 I *Title: COC Homeless Assistance Prooram 13, Competition Identification Number: COC-14 Title: COC Homeless Assistance Prooram 14, Areas Affected by Project (Cities, Counties, States, etc,): Collier County, FL *15, Descriptive Title of Applicant's Project: HMIS Renewal Agenda Item No, 16012 OMB MililS<22!046l&04 Exph..ITJ'JlYat~:9o'i'h Id6b9 Application for Federal Assistance SF-424 Version 02 16, Congressional Districts Of: "a, Applicant: 14 "b. Program/Project: 14 17, Proposed Project: "a, Start Date: Sept 1, 2008 'b. End Date: August 30, 2009 18. Estimated Funding ($): "a, Federal 104,645 "b, Applicant 'c, State 24,916 'd, Local "e, Other "f, Program I ncom e "g. TOTAL 129,561 "19, Is Application Subject to Review By State Under Executive Order 12372 Process? D a, This application was made available to the State under the Executive Order 12372 Process for review on_ D b, Program is subject to E,O, 12372 but has not been selected by the State for review, 181 c, Program is not covered by E, 0, 12372 '20, Is the Applicant Delinquent On Any Federal Debt? (If "Ves", provide explanation,) D Yes 181 No 21, "By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge, I also provide the required assurances" and agree to comply with any resulting terms If I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties, (U, S, Code, Title 218, Section 1001) 181 '" I AGREE " The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: ""First Nam e: Fred Middle Name: ""Last Name: Richards Suffix: '"Title: Executive Director "Telephone Number: 239-263-9363 I Fax Number: , Email: fredrcchhc@earthlink,net 'Signature of Authorized Representative: ;;", 7~4.-, I "Date Signed: 'i 1:6/~ -7 / Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-I 02 Agenda Item No, 16012 May 22, 2007 Page 100 of 118 Applicant Certification These certified statements are required by law, Previous versions obsolete form HUD-40090-4 A. For the Supportive Housing (SHP), Shelter Plus Care (S+C), and Single Room Occupancy (SRO) programs: Fair Housing and Equal Opportunity, It will comply with Title VI of the Civil Rights Act of 1964 (42 U,S,c, 2000(d)) and regulations pursuant thereto (Title 24 CFR part I), which state that no person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal fmancial assistance, and will immediately take any measures necessary to effectuate this agreement With refercnce to the real property and structure(s) thereon which are provided or improved with the aid of Federal fmancial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer, transferee, for the period during which the real property and structure(s) are used for a purpose for which the Federal fmancial assistance is extended or for another purpose involving the provision of similar services or benefits, It will comply with the Fair Housing Act (42 U,S,c, 3601-19), as amended, and with implementing regulations at 24 CFR part 100, which prohibit discrimination in housing on the basis of race, color, religion, sex, disability, familial status or national origin, It will comply with Executive Order 11063 on Equal Opportunity in Housing and with implementing regulations at 24 CFR Part 107 which prohibit discrimination because of race, color, creed, sex or national origin in housing and related facilities provided with Federal fmancial assistance, It will comply with Executive Order 11246 and all regulations pursuant thereto (41 CFR Chapter 60- 1), which state that no person shall be discriminated against on the basis ofrace, color, religion, sex or national origin in all phases of employment during the performance of Federal contracts and shall take afftrmative action to ensure equal employment opportunity, The applicant will incorporate, or cause to be incorporated, into any contract for construction work as defmed in Section 130,5 of HUD regulations the equal opportunity clause required by Section 130.l5(b) of the HUD regulations, It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U,S,c, I 701 (u)), and regulations pursuant thereto (24 CFR Part 135), which require that to the greatest extent feasible opportunities for training and employment be given to lower-income residents of the project and contracts for work in cormection with the project be awarded in substantial part to persons residing in the area of the project It will comply with Section 504 of the Rehabilitation Act of 1973 (29 U,S,C, 794), as amended, and with implementing regulations at 24 CFR Part 8, which prohibit discrimination based on disability in Federally-assisted and conducted programs and activities, It will comply with the Age Discrimination Act of 1975 (42 U,S,c, 6101-07), as amended, and implementing regulations at 24 CFR Part 146, which prohibit discrimination because of age in projects and activities receiving Federal financial assistance, Agenda Item No, 16012 May 22, 2007 Page 101 of 118 It will comply with Executive Orders 11625, 12432, and 12138, which state that program participants shall take affirmative action to encourage participation by businesses owned and operated by members of minority groups and women, If persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualifY for assistance are unlikely to be reached, it will establish additional procedures to ensure that interested persons can obtain information concerning the assistance, It will comply with the reasonable modification and accommodation requirements and, as appropriate, the accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, as amended, Additional for S+C: If applicant has established a preference for targeted populations of disabled persons pursuant to 24 CFR 582.330(a), it will comply with this section's nondiscrimination requirements within the designated population, B. For SHP Only. 20- Year Operation Rule. For applicants receiving assistance for acquisition, rehabilitation or new construction: The project will be operated for no less than 20 years from the date of initial occupancy or the date of initial service provision for the purpose specified in the application, I-Year Operation Rule, For applicants receiving assistance for supportive services, leasing, or operating costs but not receiving assistance for acquisition, rehabilitation, or new construction: The project will be operated for the purpose specified in the application for any year for which such assistance is provided, C. For S+C Only. Supportive Services, It will make available supportive services appropriate to the needs of the population served and equal in value to the aggregate amount of rental assistance funded by HUD for the full term of the rental assistance, D. Explanation. Where the applicant is unable to certifY to any of the statements in this certification, such applicant shall attach an explanation behind this page, ( ~ f Signature of Authorizedtertifying Official: J..-;~r:;::s~l::>". Date: '1 / z.(. /0 7 Title: / t.'<~,"~\-iJ':'" D-i((.d-O!L Applicant: For PHA Applicants Only: (PHA Number) .'0 lli c.. ( c'J,-,,,!r .fflc..k~_r lc.',j,kof)];1 form HUD-40090-4 2 SURVEY ON ENSURING EQUAL OPPORTUNITY FOR ApPLICANTS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Aoenda Item No, 16012 May LL, LUU I Pag1&1I190l1llPo1ob& (EXl'.2/28/2009) Purpose: TIle Federal government is committed to ensuring that all qualified applicants, small or large, non-religious or faith- based, have an equal opportunity to compete for Federal fimding, In order for us to better understand the population of applicants for Federal funds, we are asking nonprofit private organizations (not including private universities) to fill out this survey, Upon receipt, the survey will be separated from the application, Information provided on the survey will not be considered in any way in making funding decisions and will not be included in the Federal grants database, While your help in this data collection process is greatly appreciated, completion of this survey is voluntary, Instructions for Submlttine: the Survey: If you are applying using a hard copy application, please place the completed survey in an envelope labeled "Applicant Survey," Seal the envelope and include it along with your application package, If you are applying electronically, please submit this survey along with your application, Applicant's (Organization) N ame: _Collier County Hunger and Homeless Coalition, INC Applicant's DUNS Number: 150713423 Grant Name: _SHP CFDA Number: _14.235 1. Does the applicant have 501(c)(3) status? ~ Yes o No 4, Is the applicant a faith-based/religious organization? 2. How many full-time equivalent employees does the applicant have? (Check only one box). o Yes ~NO g 3 or Fewer / o 4-5 06-14 015-50 051-100 Dover 100 5, Is the applicant a non-religious community-based organization? tl Yes / DNa 3, What is the size of the applicant's annual budget? (Check only one box) o Less Than $150.000 %$150,000 - $299,999 o $300,000 - $499,999 o $500,000 - $999,999 o $1,000,000 - $4,999,999 6. Is the applicant an intermediary that will manage the grant on behalf of other organizations? o Yes /~NO 7. Has the applicant ever received a government grant or contract (Federal, State, or local )? E;t Yes DNa 8, Is the applicant a local affiliate ofa national organization? o $5,000,000 or more DYes [;2( No Internal Revenue Service Director, EO Rulings & Agreements P,O. Box 2508 Cincinnati, Ofl 4520 I Agenda Item No, 16012 Department of the TreasurMay 22, 2007 t-'a'ge 103 of 118 Date: April 5,2007 Employer Identification Number: 04-3610154 Document Locator Number: 17053-083-80803-7 Toll Free Number: 877-829-5500 COLLIER COUNTY HUNGER AND HOMELESS COl\LITION -- INC 379 AIRPORT PULLING RD S NAPLES, E'L 34112 Acknowledgement of Your Request We received your Form 8734, Support Schedule for Your Advance Rul ing, or other information regarding your public support status. When communicating with us, please refer to the employer identification number and document locator number shown above. Your tax exempt ,tatus under section 50 1(c)(3) of the Internal Revenue Code remains in effect. What Happens Next? The information you submitted was entered into our computer system at our processing center in Covington, Kentucky, and has been sent to our Cincinnati office for initial review. We approve some cases based on this review, [fthis is the case, you will receive a letter stating that you are a publicly supportcd organization. [fthe review indicates that additional infonnalion or changes are necessary, your case will be assigned to an Exempt Organization Specialist in Cincinnati who will call or write you, We assign cases in the order we receive them. If the additional information indicates that you meet one of the publie support tests, you will receive a letter stating that you are a publicly supported organization, lfthe public support tests are not met, we will send you a letter re-c1assifying you as a private foundation, That letter will tell you why we believe you do not meet the public support tests, and will include a complete explanation ofyollr appeal rights. When Can You Expect To lnitilIlly Hear From Us About Your AppliCfltion? Normally, YOll may expect to hear from us within 120 days, If you do not, you may call our toll free number at 1-877-829-5500 Monday through Friday. Please have your identification numbers available so that we can identify your case, rfyou would rather wTitc than call, please include a copy of this notice with your correspondence. Notice 3369 (cg) - (Rev, 12/2000) Agenda Item No, 16012 May 22, 2007 Page 104 of 118 =L';T?:?:~_:'"L ~E;/El'0~: SERVICE DEPARTMENT OF THE TREASuP P. 'J. ;O:.~ 2508 C:HC=:.~T.~':'I, OH 45201 COLLE? COUNTY "mlGER ilHD COALITION INC 2001 ~IRPORT PU~LING RD S NAPLES, FL 34112 HOMELESS Employer Identification Number, 04-3610154 DLN, 17053070055042 Contact Person: TRACY D POST ID# 31471 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Foundation Status Classification: 509(a) (1) Advance Ruling Period Beg5.ns: February 20, 2002 Advance RUling Period Ends: December 31, 2006 Addendum Applies, No Date: ,1-14'( 1 5 2002 Dear .:'pplicant; Based on information you supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501 (a) of the Internal Revenue Code as an organization described in section SOl(e) (3). Because you are a newly created organization, we are not now making a final cie~ermination of your foundation status under section 509(a) of the Code. Howeve~, we have determined that you can reasonably expect to be a publicly supporc:ed organization described in sections 509 (a) (1) and 170 (b) (1) (A) (vi) Accordingly, during an advance ruling period you v-rill be treated as a pUDlicl~ supported organization, and not as a private foundation. This advance ruling ~eriod begins and ends on the dates shown above. Wi:h.in 90 days after the end of your advance ruling period, you must send us ~he information needed to determine whether you have met the require- ments or tr_e applicable support test during the ad"ranc:e l'uling period. If you est3bl~~h :hat you have been a publicly supported organization, we will classi- fy you 3.S ,:.; sec:tion 509 (a) (1) or 509 (a) (2) organization as long as you continue ~o mee~ ~~e ~equirements of the applicable support test. If you do not meet the pU8~i= 3upporc requirements during the advance ruling period, we will classi~~. you 3S a private foundation for future periods. Also, if we classify you as 3 p=ivate foundation, we will treat you as a private foundation from ~Iour be,:.:!:.:-.;-;.i.:1g jate for purposes of section 507 (d) and 4940. G~~~:8~S and sont~ibutors may rely on our determination that you are not a ~=iva[2 ~=~~ja:~Gn until 90 days after the end of your advance ruling period. _E Y.OL: =2:.'::: :..:.s :.r.e required information within the 90 days, grantors and ~oncr:~_.::~s ~a-: con~inue to rely on the advance determination until we make Letter 1045 (DO/CG) Exhibit 3 Agenda Item No, 16012 May 22, 2007 Page 105 of 118 -2 - COLLIER COUNTY HUNGER AND HOMELESS a final determination of your foundation status. If we publish a n8tice in the Internal Revenue Bulletin stating that we will no longer treat you as a publicly supported organization, grantors and contributors may not rely on this determination after the date we publish the notice. In addition, if you lose your status as a publicly supported organi- zation, and a grantor or contributor was responsible for, or was aware oft the act or 'failure to act, that resulted in your loss of such status, that person may not rely on this determination from the date of the act or failure to act. Also, if a grantor or contributor learned that we had given notice that you would be removed from classification as a publicly supported organization, then ehC'.t person may not rely on this determination as of the date he or she acquired such knowledge. If you change your sources of support, your purposes, character, or method of operation, please let us know $0 we can consider the effect of the change on your exempt status and foundation status. If you amend your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, let us know all changes in your name or address. As of January 1, 1984, you are liable for social security taxes under the Federal Insurance Contributions Act on amounts of $100 or more you pay each of your employees during a calendar year. ~You are not liable for the imposed under the Federal Unemployment Tax Act (FUTA). to tax Organizations that are not private foundations are not subject to the pri- vate foundation excise taxes under Chapter 42 of the Internal Revenue Code. However, you are not automatically exempt from other federal excise taxes. If you have any questions about excise, employment, or other federal taxes, please let us know. Donors may deduct contributions to you as provided in section 170 of the Internal Revenue Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Donors may deduct contributions to you only to the extent that their contributioT'_s are gifts, t.,ith no consideration received. TicJ::et purchases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circumstances. Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives guidelines regarding when taxpayers may deduct payments for admission to, or other participation in, fundraising activities for charity. You are not required to file Form 990, Return of Organization Exempt From Income Tax, if your gross receipts each year are normally $25,000 or less. If you receive a Form 990 package in the mail, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. Because you will be treated as a public charity for return filing purposes during your entire advance ruling period, you should file Form 990 for each year in your advance ruling period Letter 1045 (DO/CG) Agenda Item No. 16012 May 22, 2007 Page 106 of 118 -3 - COLLIER COUNTY HUNGER A1ID HOMELESS that you exceed the $25,000 filing threshold even if your sources af support do not satisfy the public support test specified in the heading of this lecter. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period, A penalty of $20 a day is charged when a return is filed late, unless there is reasonable cause for ehe delay. However, the maximum penalty charged cannot exceed $20,000 or 5 percent of your gross receipts for the year, whichever is less. For organizations with gross receipts exceeding $1,000,000 in any year, the penalty is $100 per day per return, unless there is reasonable cause for the delay. The maximum penalty for an organization with gross receipts exceeding $1,000,000 shall not exceed $50,000. This penalty may also be charged if a return is not complete. So, p~ease be sure your return is complete before you file it. You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You are required to make your annual information return, Form 990 or Form 990-82, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You are also required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these doc~ments are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Adciitional information is available in Publication 557, Tax-Exempt Status for Your Organization, or you may call our toll free number shown above. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, we will assign a number to you and advise you of it. Please use that number on all return~ you file and in all correspondence with the Internal Revenue Service. This determination is based on evidence that your funds are dedicated to the purposes listed in section 501 (c) (3) of the Code. To assure your continued exemption, you should keep records to show that funds are spent only for those purposes. If you distribute funds to other organizations, your records should show whether they are exempt under section 501 (c) (3). In cases where the recipienc organization is not exempt under section 501 (c) (3), you must have evidence that the funds will remain dedicated to the required purposes and that ~he recipient will use the funds for those purposes, I: \'0:.1 distribute funds to individuals, you should keep case histories Letter 1045 (DO/CG) Agenda Item No, 16012 May 22, 2007 Page 107 of 118 -4 - COLLIER COUNTY HUNGER AND HOMELESS showing the recipients I names, addresses, purposes of awards, manner of selec- tion, and relationship (if any) to members, officers, trustees or donors of funds to you, so that you can substantiate upon request by the Internal Revenue Service any and all distributions you made to individuals, (Revenue Ruling 56-304, C.E. 1956-2, page 306,) If we said in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help us resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. We have sent a copy of this letter to your representative as indicated in your power of attorney. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. sincerely yours, Lr:- ""?""" 7~y;... r /7'~ Steven T~ Miller Director, Exempt Organizations Enclosure (s) Form 872-C Letter 1045 (DO/CG) ApplicanURecipient Disclosure/Update Report U,S, Department of Housing and Urban Development Agenda Item No, 16012 May' 22 2007 OMS Approval No. 25~1~OO'dli~11{jJo9) Instructions, (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2,) Applicant/Recipient Information Indicate whether this is an Initial Report 0 or an Update Report 0 1. Applicant/Recipient Name, Address, and Phone (include area code); 2. Social Security Number or Collier County Hunger and Homeless Coalition Employer ID Number: 279 Airport Pulling Road South Naples, FL 34104 (239) 263-9363 3. HUD Program Name SHP 4. Amount of HUD Assistance RequestedlReceived 104,645,00 5. State the name and location (street address. City and State) of the project or activity: 279 Airport Pulling Road South Naples, Fl. 34104 Part I Threshold Determinations 1. Are you applying for assistance for a specific project or activity? These terms do not include formula grants, such as public housing operating subsidy or CDSG block grants. (For further information see 24 CFR Sec. 4.3). [gJ Ves 0 No 2. Have you received or do you expect to receive assistance within the jurisdiction of the Department (HUD) , involving the project or activity in this application, in excess of $200,000 during this fiscal year (Oct. 1 ~ Sep. 3D)? For further information, see 24 CFR Sec. 4.9 o Ves [gJ No, If you answered "No" to either question 1 or 2, Stopl You do not need to complete the remainder of this form. However, you must sign the certification at the end of the report. Part II Other Government Assistance Provided or Requested I Expected Sources and Use of Funds. Such assistance includes, but is not limited to, any grant, loan, subsidy, guarantee, insurance, payment, credit, or tax benefit. DenartmenUState/Local Anencv Name and Address "'-V08 of Assistance Amount Reouested/Provided Expected Uses of the Funds (Note: Use Additional pages If necessary.) Part III Interested Parties. You must disclose: 1. All developers, contractors, or consuJtants involved in the application for the assistance or in the planning, development, or implementation of the project or activity and 2. any other person who has a financial interest in the project or activity for which the assistance is sought that exceeds $50,000 or 10 percent of the assistance (whichever is lower). Alphabetical list of aU persons with a reportable financial interest in Social Security No. Type of Participation in Financial Interest in the roeet or activi For individuals, ive the last name first or Em I ee 10 No. Pro.ect/Activit Pro'ectJActivi $ and % (Note: Use Additional pages if necessary.) Certification Warning: If you knowingly make a false statement on this form, you may be subject to civil or criminal penalties under Section 1001 ofTltIe 18 of the United States Code. In addition, any person who knowingly and materially violates any required disclosures of information. including intentional non-disclosure, IS subject to civil money penalty not to exceed $10,000 for each violation. I certify that this information is true and complete. Signature: Date: (mmfddlyyyy) <-~ X ~. .~. I;:~~- _ ,,~/e' /c'''7 Form HUD-2880 (3/99) . ----- CCHHC Code of~l1d!jq;iem No, 16012 May 22, 2007 Page 109 of 118 . COLLIER COUNTY HUNGER AND HOMELESS COALITION CODE OF CONDUCT Physical Address: 279 South Airport Rd. Naples, FL. 34101 Number: 239-253-3449 . The Collier County Hunger and Homeless Coalition (CCHHC) maintains high ethical standards of conduct. CCHHC has established guidelines to assist contract employees and volunteers in the performance of their duties. The guidelines that appear below are not exhaustive. Contract employees, Board of Director volunteers and Coalition representatives should remember that inappropriate actions, whether specifically mentioned in this policy or not, will be subject to inquiry and may be subject to disciplinary action, No CCHHC representative shall engage in any act that is in conflict with, or creates an appearance of unfairness or conflict with, the performance of official duties, The following prohibited acts are in conflict of CCHHC standards of conduct. Article 12 and section 4.12.1 have been extracted from CCHHC's Bylaws, adopted the 7th Day of September, 2004. All Board of Directors are provided an introduction and overview of the Bylaws within 7-14 days of accepting responsibilities of this function, to ensure familiarity and full understanding of the articles and responsibilities therein. Note: The Following Numbering is in conjunction with and extracted from numbering present in Bylaws for purposes of reference. ARTICLE 12 Prohibited Acts 12.1 Sharing in Corporate Earnings No Director, officer, employee, agent, representative or member of a committee of or person connected with the Coalition, or any other private individual shall receive at any time, any of the net earnings or pecuniary profit from the operations of the Coalition. This shall not prevent the payment (subject to Section12 hereof) to any such person of such reasonable compensation as shall be fixed by the Board of Directors for services rendered to or for the Coalition in effecting any of its purposes; and no such person or persons shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the Coalition. . Agenda Item No. 16012 May 22, 2007 CCHHC Code of Conduct P~e 110 of 118 12.2 Self-Dealin!!. (a.) For purposes of this Section 12, the term "disqualified person" shall mean any (i) Director, officer or manager of the Coalition, (ii) substantial contributor to the Coalition (as defined in Section 507(d)(2) of the Internal Revenue Code and its Regulations, as they now exist or as they may be amended), (iii) spouse, lineal ancestor, lineal descendant or spouse of a lineal descendant of any person described in item (i) or (ii) of this sentence, (iv) owner ofa twenty percent (20%) or greater interest in any substantial contributor to the Coalition, or (v) corporation, partnership or trust or estate in which the persons described in items (i), (Ii), (iii), and (iv) of this sentence in the aggregate have greater than a thirty- five percent (35%) voting, ownership or beneficial interest. II (b.) No disqualified person (as defined in Subsection l2.2(b) hereof) shall enter into or "be a party", directly or indirectly, in any transaction, contract or business relationship with the Coalition or relating or incidental to operations of the Coalition, nor shall any disqualified person receive from or contribute to the Coalition, directly or indirectly, any goods, services, facilities, compensation, expenses, funds or other property unless such transaction, contract, business relationships, receipt or contribution shall be excluded from the definition of "self-dealing" set forth in Section 4941(d) of the Internal Revenue Code and its Regulations, as they now exist or as they may be amended. 4.12.1 Conflict ofInterest. A conflict of interest may exist when the personal, or pecuniary interests or concerns of any director, officer or staff member, or said person's immediate family, or any party, group or organization to which said person has allegiance, may be seen as competing with the interest or concerns of the Coalition. Any possible conflict of interest, or appearance ofa conflict of interest, shall be disclosed to the Board of Directors by the person concerned. When such conflict of interest is relevant to a matter requiring action by the board of directors, the interested person shall call it to the attention of the Board of Directors, and such person shall not discuss or vote on the matter. The minutes of the meeting of the Board shall reflect that the conflict of interest was disclosed and that the interested person did not participate in the final discussion or vote. When there is doubt as to whether a conflict of interest exists, the matter shall be resolved by a vote of the Board of Directors, excluding the person ;vhose situation has created doubt. .... . Agenda Item No. 16012 May 22, 2007 CCBlIC Code of Conducftage3111 of 118 Further, in order to avoid even the appearance of impropriety: 1. .Any unsolicited gifts received by staff must be disclosed to the executive director. 2, ,Any items received by the contracted persons and/or Board of Directors must be disclosed to the Executive Director Dr the President of the Board. 3, Any items or gifts received by the Executive Director must be disclosed to the Board President. Corrective Action for Contract Employees and/or Board of Directors Whenever contracted employees breach required and prescribed rules, disciplinary action will be undertaken to correct and curtail any further occurrence. The following are the various forms of disciplinary action that may be used at the discretion of the Executive Director and/or Board of Directors 1) verbal warning, 2) written warning, 3) suspension, and 4) termination Disciplinary action will depend OIl the circumstances and severity of each case. In some instances, it may be necessary to pass a form of discipline and progress jmmediately to another form of discipline, i.e., issuing an immediate written warning, or going from a verbal warning to termination. Dism issallResignation Grounds for immediate dismissal or resignation of contracted employees and/or Board of Directors include any blatant connict of interest as described above. *' * * * * ACCEPTED BY THE BOARD OF DIRECTORS on the 4th, day of October, 2005, < /2"-' /// . -- /'/'/';/ / ,-',.// Signature:,,' /./L .:: v </( ,....(~ i~/~ '- e -. ! TITLE: r.i/u./-rvuJ-,~ Printed name L",cl/h/ -::G) (/, ,)",,5' Date: /Z)f; 2./05 Agenda Item No, 16012 May 22, 2007 Page 112 of118 Section I: Project Summary Information P tAG I P t I ti f (All P ) ar . enera rOlec norma IOn ro J ects . I, Project Priority Number 2. 0 New Project 3, If renewal, list Previous Grant Number: (From Project Priority Chart previous grant number FL14B40-6004 in Exhibitl):_ & project identifier o Check box if project is a IX! Renewal Project number (PIN): PIN Number: # I Priority Samaritan Bonus Project 4, HUD-Defined CoC Name: Naples/Collier County COC 5, CoC Number: FL-606 6. Applicant's Organization Name (Legal Name from SF-424) 8, Applicant's DUNS Number Collier County Hunger and Homeless Coalition I NC (From SF-424): 7. [] Check box if Applicant is a Faith-Based Organization 150713423 IX! Check box if Applicant has ever received a federal grant, either directly from a federal agency or through a state/local agency 9, Project Applicant's Address (From SF-424) 10. Applicant's Employer Street: 279 Airport Pulling Rd, South Identification Number (EIN) (From City: Nanles State: FL Zip: 34104 SF-424): 04-3610154 II. Contact person of Project Applicant: (From SF-424) 12, IX! Check box if Project Name: Birgit Pauli-Haack Phone number: 239-262-9363 Applicant is the same as Project Title: HJv!IS Administrator Fax number: Sponsor Email Address: bphaack(a)inccc,org 13. Project Name: Dedicated HMIS Renewal Project 14, Project's location 6-digit Geographic Code: 129021 15. Project Address (S+C SRAs, if multiple sites list all addresses including): 18. 0 Check box if Energy Star is Street: 279 Airport Road used in this project City: Naples State: FL Zip: 34104 19. Project Congressional District(s) 16, 0 Check box if project is located in a Rural Area a, 141h. 17, Ifproject contains housing units, are these units: 0 Leased? 0 Owned? 20. Project Sponsor's Organization Name (If different from Applicant) 22, Sponsor's DUNS Number: 150713423 Collier County Hunger and Homeless Coalition, Inc, 2 L [::::J Check box if Project Sponsor is a Faith-Based Organization IX! Check box if Project Sponsor has ever received a federal gran4 either directly from a federal agency or through a state/local agency 23, Project Sponsor's Address (if different from Applicant) 24. Sponsor's Employer Street: 279 Airport Road Identification Number (EIN): City: Nanles State: FL Zip: 34104 04-3610154 25, Contact person ofproject Sponsor (if different from Applicant) Name: Fred Richards Phone number: 239-253-3449 Title: Executive Director Fax number: Email Address: fredrcchhc(a)earthlink,net Agenda Item No, 16012 May 22, 2007 Page 113 of 118 Part B: Project Summary Budget Bl. Su ortive Housing Pro ram (SHP) (All SHP Projects) a. SHP Pro ram c. Grant Term* (Check only one box) b. Component Types (Check only one box) f'V1 0 o 0 0 ~ 0 Safe Haven/TH lC:>I 0 TH PH SSO HMIS 0 Safe Haven/PH 1 Year 2 Years 3 Years d. Proposed e. SHP Dollars f. Cash Match g. Totals SHP Activities Re uest (Col. e + Col. f) 1. Acquisition 2. Rehabilitation 3. New Construction 4. Subtotal (Lines 1 through 3) 5. Real Property Leasing From Leasing Bud et Chart 6. Supportive Services From Supportive Services Budget Chart 7. Operations From Operating Budget Chart 8. HMIS From I.ThlIS Budget Olart 9. SHP Request (Subtotal lines 4 through 8) 10. Administrative Costs (V to 5% of line 9) 11. Total SHP Request (Total lines 9 and 10) *New projects must be 2 or 3 years, except new HMIS projects and new hold harmless reallocation projects, which can be 1, 2 or 3 years. 99,662,00 24,916,00 124,578 99,662,00 4,983,00 Total Cash Match Total Budget (Total SHP Request + Total Cash Match) $129,561,00 104,645,00 24,916,00 Agenda Item No, 16012 May 22, 2007 Page 1140f118 Part F: Project Leveraging Chart (All Projects) HUD homeless program funding is limited and can provide only a pOltion of the resources needed to successfully address the needs of homeless families and individuals, HUD encourages applicants to use supplemental resources, including state and local appropriated funds, to address homeless needs, Please be aware that undocumented leveraging claims may result in a re-scoring of your application and possible withdrawal of your conditional award(s). For further instructions for filling out this section, see the Instructions section, ----- Type of Source of Identify Source as: Date of Value of Contribution Contribution (G) Government* Written Written or (P) Private Commitment Commitment Exam Die: Child Care CDBG G 2/15/06 $10,000 NO Written commitmen *Government sources are aopropriated dollars. TOTAL: $ Part H: Renewal Performance (All Renewal Projects) 1. 0 Yes [gJ No Are there any unreso Ived HUD monitoring findings, or outstanding audit fmdings related to this project? If"Yes," briefly describe, Are there any significant changes in the project since the last funding approval? Check all that apply: o Number ofpersons served: from to , o Number of units: from_ to -- o Location ofproject sites, - o Line item or cost category budget changes more than 10%, D Change in target population, o Change in project sponsor. o Change in component type, o Other: Please explain changes: 2.0 Yes [gJ No Agenda Item No, 16012 May 22, 2007 Page 115 of 118 -~--'- H: Renewal Performance (Continued) N/A (For all S+C, SHP-PH, SHP-TH, SHP-Safe Haven, and SSG Renewals): Use information from the most recently submitted Annual Progress Report (APR) to answer questions 3, 4, and 5. If an APR has not yet been submitted for this renewal project, please check the N/A box and skiD these questions. ~ N/A 3. Permanent Housing (PH) Performance (To be filled out by aU SHP and S+C renewal permanent housing projects, including both SHP-PH and SHP-Safe Haven permanent housing). Complete the following chart using data based on the most recently submitted APR Questions l2(a) and l2(b): a, Number of participants who exited PH project(s}--APR Question12(a) b, Number of participants who did not leave the project(s)-APR Question 12 (b) c, Of those wh()~exited, how manLstaxe(Ull1~llthsor longer in PH-APR Question 12(a) d, Of those who did not leave, how many stayed 7 months or longer in PH-APR question 12(b) Percentage of aU participants in PH projects staying 7 months or longer ---"" e, % [(c + d) divided by (a + b)] x 100 = e, Example: [(16 + 15) divided by (20 + 20)] x 100 = 77.5% 4. Transitional Housing (TH) Performance (To be fIlled out by all SHP renewal transitional housing projects, including both SHP-TH and SHP-Safe Haven transitional housing). Complete the following chart using data based on the most recently submitted APR Question 14: a, Number of participants who exitedII1J'roject(s)-including unknown destination b, Number ofoarticipants who moved to PH-from any destination identified as permanent housing c, Of the number of participants who left TH, what percentage moved to PH? % (b divided by a) x 100 = c Example: (14/18) x 100 = 77.7%, Agenda Item No. 16012 May 22, 2007 Page 116 of 118 Section II: Project Budgets Part I: SHP Project Budgets (All SHP Projects as Applicable) HP HMIS B d (All SHP P , 'hHMIS C ) 15. S U 12et ro ects WIt osts SHP Dollars Requested HMIS Costs Year 1 Year 2 Year 3 Total Equipment 1. Central Server(s) 2, Personal Computers and Printers 3, Networking 4, Security Subtotal: Software 5, Software/User Licensing 6, Software Installation 7, Support and Maintenance 8, Supporting Software Tools Subtotal: Services 9, Training by Third Parties 10, Hosting/Technical Services 3,000 3,000 I I, Programming: Customization 12, Programming: System Interface 13, Programming: Data Conversion 14, Security Assessment and Setup 15, On-line Connectivity (Internet Access) 16, Facilitation 17. Disaster and Recovery Subtotal: Personnel . 18, Project Management/Coordination 78,000 78,000 19, Data Analysis 20, Programming 21. Technical Assistance and Training 22, Administrative Support Staff Subtotal: HMIS Space and Operations 23, Space Costs 16,176 16,176 24, Operational Costs 2,486 2,486 Subtotal: 25. Total SHP HMIS dollars requested: * 99,662 I Agenda Item No. 16012 May 22, 2007 Page 117 of 118 * Total of Line 25 must be 110 more than 80 percent ~fthe Total HMIS Cost. entered on Line 27. 26. Total cash match to be spent on SHP 24,916,00 eligible HMIS activities: 27. Total HMIS Costs** 124,587 "The Total HMIS Costs includes the SHP dol/ars requested on line 25 and the cash match entered Oil lille 26. The total on line 27 must match line 8, column g., on the Project Summary Budget -- Item Number; Item Summary; Meeting Date; Page 1 of 1 Agenda Item No. 16012 May 22, 2007 Page 118 of118 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS '6D12 Recommendatiol1!o ilpprove SUblTlisslon of the ;:'007 Corllinuum of Care iCeC) Homeless ASSlstilnce Consolidated Grant Application 10 the United Slates Department at Housing and Urban Development (!-IUD), and aulhorlze Ine Chairman to sign trle application on behalf of Collie, COlJnty and the B'.)ard c.' County Comm'SSIOllerS (S443645) 5/22"'2007~:.OO.GON.l Prepared By Susan GOlden Public Services Federal/Stale Grants Administration Manager Date Housing &Human Services 5141200711:(!4:28AM 0_ Approved By Marcy Krurnbine PublieServicf!s Director Housing I< Human Servtees 517120078:27 AM Date Approved By Mula Ramsey Public Services Public Services Administr~tor Publi~ Services Admin 519:200712:08 PM Dille Approved By OM8 Coordinlltor County ManagN's Offi~e AdnoillistrativeAssistallt Officeel M'ln<>9t'menl & Budget 5/9120073:34PM Dale Approl'ed By Sherry Pryor County Manager'sOffiee ManagE'ment & Budget Analyst Office 01 Man~\lemenl 8. Budget 5111120071:42 PM Date Approved By M<>rk I~<lckson Count,' Manager'!.Office BlldgetAnalyst OmceolManagemen! 8. Budget ,./14/20079:50 AM Dale Approved By ,J~mes V, Mudd 80ilrd01 Counfy Commissioners Counly Manager Counlv Manag..r's Oflice 51141200712:21 PM fil,.. 11('.\ ^ of"nrl!lT{,~t\P"n()rf\l<:~~1\tf!l"o/~ ,n" 0/,., ')(),()(\7\ 1 f" o/,.,?nrnl\J1;;pl\lT'O/,."nA r.Pl\]nt\ \ I f" ,/1f"j')1l1l7 Agenda Item No, 16013 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with George Pierre and Remercile Giles (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Pearce Subdivision Block 2 Lot 18 & N Y, Lot 17, Immokalee. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with George Pierre and Remercile Giles 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 George Pierre and Remercile Giles, which application, after staff review, was determined to qualify for the program, Legal status has been verified and documents are on file at the office of Housing and Human Services, The property is located in the Pearce Subdivision in Immokalee, - 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, approval and Chairman's signature, FISCAL IMPACT: This agreement defers $19,307.16 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 Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for George Pierre and RemerciJe Giles in Pearce Subdivision, Block 2 Lot 18 & N Yz Lot 17, Immokalee, PREPARED BY: Marcy Krumbine, Director, Housing and Human Services - Item Number: Item Summary: Meeting Date: Page] of 1 Agenda Item No. 16013 May 22, 2007 Page2of5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16013 Recommendation that the Board of County Commissioners approves, and authorizes the Chairman 10 sign, a lien agreement wilh George Pierre and Remerciii, Giles (Owners) for defelrai of 100% 0: Collier Counly Impact tees for an owner-occupied affordable housing unit located at Pearce Subdivision Block 2 Lot 18, Immokalee 5f22/20079:00:00,A.M Director Date Prepared By M~rcyKrumbine Public Services Housing 8. Human Services 5/8/20073:10:13 PM Director Date Approved By Marcy Krumbine Public Services Housing & Human Services 518120073:23PM Marla Ramsey Public Services Administrator Date Approved By Public Services Public Services Admin, 5/91200712:07 PM Approved By JeffKlattkow County Attorney Assistant County Attorney Date County Attomey Office SI9/20072:19PM Administrative Assistant Date Approved By OMB Coordinl/.lor County Manager's Office Office of Management /I. Budget 51,,12oo73:44PM Date Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget 5/11/20079:10 AM MichaelSmykowski Management & Budget Director Date Approved By County Manager's Off,ce Office of Management & Budget 51111200710:17AM Approved By JamesV.Mudd BoardofCaunty Commissioners County Manager Date Coul'lty M~nagl!r's Office S1111200710:35AM r.ln.II".\ ^ ~__.-l~"r__..\r...__-,-\O'" 'A_..B/-'''''''' B -."""(\"'7\ I r B/""nr"',,l""'-"T'T'{'oI-.". """T"'-"Tr'>' \' r Retucllto Agenda Item No, 16013 May 22, 2007 Page 3 of 5 Marcy Krumbine CoJli",-r COUllh" HUS 3050N.Hon;~ho"Drive Naples,FL34I04 File# 07-064-IF This space for recordlug LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this -3- day of ~~007, between Cottier County, a political subdivision of the Stale of Ftorida (COUNTY) and George Pierre and Remereite Gites (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 Af:,Tfeement 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 tenn 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 occun-ence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees sball 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 defen-ed impact fees is Nineteen Thousand. Three Hundred Seven dollars and 16/100 ($19,307.16). 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 defen-ed 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 tenninate 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 Ab,'Tcement shall be transferred, assigned, or otherurise 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 dO,curnentation 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 Agenda Item No, 16013 May 22, 2007 Page 4 of 5 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover 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 jud6'lTlents calculated on a calendar year basis until paid. 8. This AbFI'cement 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 A&Jfeement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlDA, By: By: JAMES COLETTA, CHAIRMAN , Deputy Clerk ~~ ~ Pri~ Nam~ a (~ 1t1'M:11 '1}" .I OWNE~ G~ G~ w 5J7 0:1 nltness~s.,_ . :( " ',' \ {I!~~ _ \~ /Ul-! --./-..l:-t Print NameV--,(q-v-t' L?1..I1/c>!.s. OWNER: ~04fu'g, --/'h~ Remercile lIes STATE OF FLORlDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this ~ day of \--~ :JOD I , 2007, by_Geonre Pierre and Remercile Giles, who are personally knov,'11 to me or have produced rlc.. c\.,L~,,:')c.:...- as proof of identity. WENDY A KLOPF ~N6lW~:IllIiA EXPiRi:.S: Ai/ii 12,200e eCi\M~Th",NOlO'" pLJIl\i1;Und,,,,.,ort Y-G. '-'''DI" (.I'- '-Icc~0\ Signature ofPefs0D Taking Acknomedgment v App and a form cy: Recommend Approval: 'OW ant County Attorney Marcy Krumbine, :MP A Director Collier County Housing and Human Services EXHIBIT "A" Agenda Item No, 16013 May 22, 2007 Page 5 of 5 LEGAL DESCRIPTION Pearce Subdivision, Block 2 Lot 18 & N Yz Lot 17, 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 Amount Owed A. EMS Impact Fee $100.59 $145.86 $460,23 $935.00 $2,068.00 $8,228,00 $6,359,00 $725.00 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 $285.48 TOTAL IMPACT FEES $19,307,16 JAK Approved _/_/_ Agenda Item No, 16E1 May 22, 2007 Page 1 of 3 ~ EXECUTIVE SUMMARY Recommendation to award Bid #No. 07-4110 "On-Call Roofing Contractor Services" to Crowther Roofing and Sheet Metal of Florida, Inc. as primary, Advanced Roofing, Inc. as secondary, and Gulf Western Roofing and Sheet Metal, Inc. as the third vendor for Roofing Services. OBJECTIVE: To gain approval from the Board of County Commissioners to award Bid #No, 07-4110 "On-Call Roofing Contractor Services" to Crowther Roofing and Sheet Metal of Florida, Inc, as primary, Advanced Roofing, Inc, as secondary, and Gulf Westem Roofing and Sheet Metal, Inc, as the third vendor for Roofing Services, CONSIDERATION: The Department of Facilities Management is responsible for the maintenance, repair, and replacement of all County building roofs and roof accessories, The Department out-sources major roofing repairs and improvements, ~ On February 21, 2007, the Purchasing Department opened bids to contract for the purchase, repair, maintenance, engineering and installation of roofing services, The selection of vendors was based on a pricing formula, taking into account cost of installation labor hours for specific categories, Those categories included: cost per hour for Serviceman, truck, equipment, and helper, In addition, consideration was given for emergency response time, on-call non-emergency response time and markup over actual cost for materiais, A total of three (3) qualified bidders responded, By awarding to multiple vendors, the level of service to the customers will be increased, A bid tabulation sheet is attached for review, Staff recommends multiple awards to Crowther Roofing and Sheet Metal of Florida, Inc, as the primary, Advanced Roofing, Inc, as the secondary, and Gulf Western Roofing and Sheet Metal, Inc, as the third vendor for Roofing Services, FISCAL IMPACT: Roofing repair services average $600,000 annually, based on approved building maintenance and capital budgets, Funds are budgeted in Facilities Management's FY 2006-07 department cost centers, GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan, RECOMMENDATION: That the Board of Collier County Commissioners award Bid # 07- 4110 "On-Call Roofing Services" to Crowther Roofing and Sheet Metal of Florida, Inc, as primary, Advanced Roofing, Inc, as secondary, and Gulf Western Roofing and Sheet Metal, Inc, as the third vendor for Roofing Services, PREPARED BY: Damon Gonzales, Facilities Manager, Department of Facilities Management --- ~1'--M W Q~cn M '" ;?',;',W" -r-~mti.i .Q)~:E """ .c ~ ,4tt!(.J_ E iil'Il-l1 :: 22:gJ l;n~ ~ g~ E -0 0 dJ :::s :: Z ~ Z ~ '0 g <t ~ ~ .8Gi 5E z~ - ~ >- >- ~..;:z Ig ~ <;> <;> ,"2' <;> .; - '" '" 0 :?j .... 0 &! ... 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'" '" '" '" .c:<l> ~ Ei :; !:! ~c .l'1 E"'" <> c g '" ~ 8~ e-O'C - - ... J:C;;~ '" 0 ., " T.> 'C ~~ C> C X 0- Cl: tl..<to<: Item Number: ltemSummary: Meeting OClte: Page 1 of t Agenda Ilem No 16E1 May.::'2,2007 Pa~je 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1GE1 Recornmendatior. to aWi'lrd Bid #No 07.4110 On<::all Roofing Contractor Services to Crowther Rooting alld Sheet Metal oj Floriaa, IrK as primary Advanced Roofing, Inc, as secondary Gulf 'I'/estern Roofmg and Shee: Metal, Inc as the third vendor for Rootmg Services lannua! costeSllll1ale $600,0001 51<:'2/20078,QOOOAM Date Prepared By Damon Gonzales Admini~trative Services Interim Facilities Manager Facilities Management 5141200710A4:52AM Date Approved By Skip Camp, C.F.M. Administrative Services Facilities Management D,rector Facilities Management 5141200711:42AM Date Approved By Damon Gonzales Administrative Services Interim Facilities Manager Facilities Management 5/4/20074:21 PM Date Approved By Scott Johnson Administrative Services Purchasing Agent Purchasing 5f7/100710,5SAM D~te Approved By Mike Hauer AdministrahveServices Acquisition Manager Purchasing 5f7/20071:55PM Date Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing 5f712007 2:00 PM Date Approved By Len Golden Price ActministrativeServices Administrative Services Administrator Administrative Services Admin 519/200710:30 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management&. Budget 5/9/20073;32PM Date Approved By Laura Davisson County Manager's Office Management &. Budget Analyst Office of Management & Budget 5114120078;39 AM Date Approved By Michael Smykowski County Managers Office Management & Budget Director Office of Management &. Budget 5114/100710;05 AM Date Approved By JamesV.Mudd Board of County Commissioners County Manager County Manager's Office 5114!100712Al PM filp.llr.\ Ao-pnrl"T.."'t\j:::v,..\(\rt\Il~_I\A""O/n,)(\11 o/n 1(\1(1(17\ 1 h O-<'.lnrn1\l<;:r:;1\T'T<'lh'1(\^ r.r:;"1\Tf'l^ \ 1 h ';;111'.11(\(\'1 Agenda Item No, 16E2 May 22, 2007 Page 1 of 2 ~- EXECUTIVE SUMMARY Recommendation to award RFP #07-4101 "Annual Contract for ADA Surveying and ADA Specific Architectural Design" to CH2MHILL to provide accessibility surveys, create a County ADA Master PlanlTransition Plan, providing programming, program verification, conceptual and schematic designs and overall ADA design and planning consultation services. OBJECTIVE: To obtain approval from the Board of County Commissioners to award RFP # 07-4101 "Annual Contract for ADA Surveying and ADA Specific Architectural Design" to CH2MHILL to provide accessibility surveys, create a County ADA Master PlanlTransition Plan, providing programming, program verification, conceptual and schematic designs and overall ADA design and planning consultation services, CONSIDERATION: Collier County is seeking the professional services of one qualified organization or firm capable of providing complete ADA compliancy surveying and architectural services for projects including the ability to provide accessibility surveys, create a County ADA Master Plan/Transition Plan, provide programming, program verification, conceptual and schematic designs and overall ADA design and planning consultation services for County projects, - On December 13, 2006, a formal request for proposals was posted in the lobby of the Purchasing Department and notices were distributed to 165 vendors with twenty-one (21) vendors requesting full packages, On January 1 g, 2007, proposals from six (6) firms were received and reviewed, A Selection Committee, by consensus, selected CH2MHILL as the best qualified vendor to provide complete ADA compliancy surveying and architectural services to the County, FISCAL IMPACT: ADA compliance expenses can average over $100,000 annually, Funds are budgeted within the Facilities Management 301 budget GROWTH MANAGEMENT: There is no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners award RFP # 07-4101 "Annual Contract for ADA Surveying and ADA Specific Architectural Design" to CH2MHILL and authorize the Chairman to sign the agreement after review and approval by the County Attorney's Office, PREPARED BY: Damon Gonzales, Facilities Management Department of Facilities Management - Item Number: Item Summary: Meeting Date: Page 1 01'1 Agenda lIem No. 16E2 May 22, 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 15E2 Recommelldatioll to award RFP #07.4101 Annual Contract lor ADA Surveying and ADA Specific Architectural Design to CH2MHILL to provide accessibility surveys, create a County ADA Masie< PlanrTral1sition Plan, providing programming, program verilicalion, conceptual and schernaticdesigns and overall ADA design and planning consultation services ($100,000) 5122/200790000AM Interim Facilities Manager Date Prepared By Damon Gonzales Administrative Services Facilities Management 514/200710:52:36AM Purchasing Agent Date Approved By LynWood Administrative Services Purchasing 5141Z00712:J6PM Facilities Management Director Date Approved By SkipCamp,C,F.M. Administrative Services Fac;htiesManagement 514/20073:41 PM Damon Gonzales Interim Faciljties Manager D... Approved By Administrative Services Facilities Management 5/4/20074:22 PM SteveCamell Purchasing/General Svcs Director Date Approved By Administrative Services Purchasing 517120077:37 AM Approved By len Golden Price Administrative Services Administrative Services Administrator Date Administrative Service,. Admin, 5/S/200710:38AM Administrative Assistant Date Approved By OMBCoordinator County Manager's Office Offjce of Management & Budget 51S/20073:33PM Susan Usher Senior M3I1agementIBudget Analyst Date Approved By County Manager's Office Office of Management & Budget 5/15120075:02 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office OfficuofManagement& Budget 5/15120075:11 PM Appro\'edBy JamesV.Mudd Board of County Commissioners. County Manager Date County Manager's Office 5115120075:10 PM fil"..II('.\ A n-".....,.j"T"."t\~vn(".1\Q't."II..n'(I/_ '){)')"! (I/"'l{)'l(ln'7\ 1? (I/.'lnrnJo.I"'r.l\.T"'1'(I/_'ln ^ r:'Dl\.1f') ^ \ 1? ';:llf..I'H"\n'7 Agenda Item No, 16E3 May 22, 2007 Page 1 of 11 EXECUTIVE SUMMARY Recommendation for after-the-fact approval of a request by the District School Board of Collier County for the County Manager to sign a Capability Survey that supports the School District's Grant Application for the Toyota Family Literacy Program (TFLP) OBJECTIVE: To gain after-the-fact acceptance from the Board of County Commissioners for the approval by the County Manager of a Capability Survey requested by the District School Board of Collier County that supports the School District's Grant Application for the Toyota Family Literacy Program (TFLP) and authorization for the Chairman to sign any additional letters of support related to this grant CONSIDERATIONS: On May 3, 2007, the County Manager signed a Capability Survey at the request of the Collier County District School Board for a Toyota Family Literacy Program (TFLP) grant application, This was done in accordance with Collier County CMA #5330, which authorizes the County Manager to approve the submittal of grant applications with subsequent BCC action at the next available Board meeting to ratify the approval as "after-the-fact" Provision of this signature only constitutes evidence of community support and is not a commitment to provide or do anything for the project This is the first step required of the School District If the grantor determines that they are "capable" of submitting a grant application, they will be invited to submit a formal proposal. If the School District is invited to submit a formal proposal, they may request that Collier County provide an additional support or a commitment letter, however, it is not expected that any commitment will be needed since this is a program the School District is capable of managing entirely, If any letters of commitment are required, the Board will be provided an opportunity to consider the commitments, however if additional support letters are required, it is recommended that the action taken via this Executive Summary include authorization for the Chairman to sign such letters of support, FISCAL IMPACT: There is no Fiscal Impact associated with this request GROWTH IMPACT: This action supports the Intergovernmental Coordination Element of the Growth Management Plan, RECOMMENDATION: That the Board of County Commissioners provides after-the- fact approval of a request by the District School Board of Collier County for the County Manager to sign a Capability Survey that supports the School District's Grant Application for the Toyota Family Literacy Program (TFLP) and authorizes the Chairman to sign any additional support letters if required by the District School Board at the time of submittal of a formal grant proposal. - PREPARED BY: Marlene Foord, Grant Coordinator, Administrative Services Division Item Number: Item Summary: Meeting Date: Page 1 ofl Agenda Item No. 16E3 May 22, 2007 Page 20f 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E3 Recommelldation to accept the after-the-fact approval by the County Manager of a Capability Survey requested by the District School Board of Collier County that supports the School Districts Grant Application jor the To>'ota Farniiy Literacy Program (TFLP) 5/22/20079:0000AM Date Prepared By Marlene J. Foord AdministrntiveService$ Grants Coordinator Administrative Services Admin. 5f71200710:31:54AM Date Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. S/9/200711:56AM Date Approved By OMBCoordinator County Mllnllger's Office Administrative Assistant otficeof Management & Budget 5/9/2oo73:37PM Date Approved By LlluraDavisson County Manllger's Office Management & Budget Analyst Office of Management & Budget 5/11/20079:52 AM Date Approved By MichaelSmykowski County Manllger's Office Management & Budget Director Office of Management & Budget 51111200711:03AM Date Approved By JamesV. Mudd Board of County Commissioners County Manager County Manllger'sOffice 51121200710::lSAM filp.llr.\ AOPnrhTp<>f\l<vnnrt\R1.1\A,."o/.,'){)')') o/., ')fOO{)7\ 1 h O/A'){)rnl\J<;,:t=rl\.]'"l"OJA')OA nt=1\.ln '" \ 1 h <;;/lh/)fifi'7 ;} Administrative Services Division Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 marlenefoord@collier!!ov.net (239) 774-8971 (239) 774-8720 (fax) Agenda Item No. 16E3 May 22, 2007 Page 3 of 11 TO: Jim Mudd, County Manager Applications Reviewed and Approved by eounty M~ or deSignee; submittal: '-""'~ ,<::; Co~ger ~ .,7, (date) After-the-Fact Approval by the Bee is required at the Mav 22, 2007 Bee meeting, CC: Len Price, Administrator, Administrative Services Marlene Foorr.t.ants Coordinator FROM: DATE: May 3, 2007 SUBJECT: County Manager Approval of a Capability Survey Requested by the District School Board of Collier County The Collier County School District has requested Collier County's support for a Toyota Family Literacy Program (TFLP) Grant Application. The first step is a Capability Survey that demonstrates the need and indicates the ability of the School District to complete the project, This form requires contact information and signature of the Mayor or County/City Leader. Provision of this signature only constitutes evidence of community support and is not a commitment to provide or do anything for the project If at the time that the School District is invited to submit a formal proposal, they may request that Collier County provide an additional support or a commitment letter, however, the School District does not believe they will need to ask for any commitment since this is a program they are capable of managing entirely, The deadline for this Capability Survey is May 9t11 and the School District was solicited by the TFLP on April 30, 2007 so there is not time to ask the Board of County Commissioners to approve this request prior to the deadline, Therefore, your review of the draft Capability Survey signature on the last page is requested to be followed by after-the-fact approval at the May 22, 2007 meeting, Once you have reviewed and signed the last page, please sign in the box above and call me 774- 8971for pickup, Thank you, Please let me know if you have any questions. Agenda Item No, 16E3 May 22, 2007 Page 4 of 11 Capability Survey Toyota Family Literacy Program (TFLP) Funding for Family Literacy Services to Be Developed in Hispanic/Latino Communities Toyota has given the National Center for Fami~v Literacyfunding to add five additional school districts as expansion cities for the TFLP, Each selected school district will develop and implement comprehensive family literacy sen'ices in three elementary schools ,vithin the school district. Completing this Capability Survey is the first step in the process. Please answer the following questions thoughtfully and include specifie information that will demonstrate both your need for and your eapability to implement this program initiative, Please read through all questions before completing the initial application, 1. Percentage of His panicfLati no Population Residing in Your City District - 19,6% Immokalee-7l% 2, Total Number of Elementary Students in Your School District- District -19,876 Immokalee 2,197 3, Number of Hispanic/Latino Elemental")' Students in Your School District- District - 9,007 Immokalec - 2,953 4, Number of Other Immigrant Elementary Students in Your School District- District - 1,1 II ImIDokaJee - 309 ***** Page 1 of 8 National Center for Family Literacy 325 West r-1ain Street, Suite 300 /loufsville, Kentucky 40202-4237 Phone: 502.564.1133 - Intemet: www.famlit.org Agenda Item No, 16E3 May 22, 2007 Page 5 of 11 1. Describe any current services your school district ofTers to ESL parents to increase their academic skins, earn a GED, or increase English language acquisition. Include the name of the provider of these services. If you do not provide these services, please indicate. The District K-12 ESOL program providcs parcnts and thcir childrcn with after school English language learning classes through one-on-one direct instruction as well as through computer-assisted instruction uses Rosetta Stone software and English Language Leamer Instructional Software (ELLIS), The K-12 school-based ESOL programs are supported by Title 1 Parent Involvement Assistants (PL"'), Parent Involvement Assistants carefully assess and monitor language proficiency progress and provide individual support to parents along the language learning continuum, Parent lnvolvement Assistants are highly-trained in suppol1ing parents in increasing workforce related skills, They are, at a minimum bilingual, often trilingual. Through the Adult Education department, lhe district offers day and evening, full and part-time ESOL classes to parents at diffcring levels oflanguagc proficiency, The Adult Education depal1ment offers a comprehensive aITay of services to meet the diverse needs of Collier County's adult population, These courses include: basic literacy, adult basic education, adult ESOL, GED preparation, and citizenship programs, The courses are directed to developing pathways that lead to economic success for adults and their families, Multiple delivery systems and educational environments are offered, including onsile and distance Icarning oPP0l1unities, Because the community of lmmokalee has a sludent emollment of 71 % Hispanic, three of the Immokalee Schools \\'ill be the focus of the Collicr County Public School District Toyota Family Literacy Services Developed in Hispanic Communities, 2. Name and describe other local community partners that currently provide literacy-based instruction for adults, e.g., libraries, community-based organizations, community colleges, etc. in your school community. Barry University, Miami Florida, provides through a collaborative satellite program, a GED program in lmmokalee, The BaITY program pays a stipend to adult participants and the class instruction is delivered by Collier County Public Schools certified teachers, The Litcracy Volunteers of Collier County matches pre-literate adults with a tutor for one-on-one instmction held in the lmmokalee Public Library, Additionally, the Collier County Public Library-Immokalee Branch, provides weekly story reading to adults, Rcdlands Christian Migrant Association (RC\1A) locatcd in lmmokalee, also provides Wednesday Evening parent litcracy instruction, conducted by bilingual staff. 3. If you are offered the opportunity to apply for a grant to provide comprehensive family literacy services in your school district, \\'ho specifically will provide the ESL education services for adults and how do you plan to do this? If Collicr County is offered the Opp0l1unity 10 apply for a grant to provide comprehensive family literacy scrvices inthc district, we will utilize lhc Florida Dep<ll1mcnt ofEducation's Families Building Better Readers program to support pnrcnts in developing and utilizing suppOl1ive literacy practices at home, The workshop will be provided by school staff using the parents' home language, A Parent Toolkit will be provided to all parents in allcndance, including matcrials to support li1eracy Page 2 of 8 r",:ational Center far Family lit~rac'l 325 West Main S::reet, Suite 300 / louiS''/i:le, Kentucky 40202-4237 Phone: 502.584.1133 ~ Intemet: ','{w\',.famlit.o~g Agenda Item No, 16E3 May 22, 2007 Page 6 of 11 development at home, The kit includes student books, crayons, markers, pencils, a stopwatch for monitoring and checking reading fluency, writing paper, a dictionary, magnetic letters to practice word formation and support for early reading strategies, The purpose of the workshop is as follows: This workshop will: . Teach parents how to set their children up for successful reading practice at home. . Teach parents ten research-based reading activities they can do with their children to improve rcading pcrformance, . Provide parents with resources lhat promote life-long literacy, . Give children practice in doing the same activilies their parents learn about and the opportunity to perfOlID a play that reviews workshop content for all participants, . Provide a fun learning experience for all participants. . Promote positive partnerships betv.'een families and schools, TIle workshop theme of the Families Building Better Readers' program is a construction theme, which adds an element of fun to the event for parents and children, During breakout sessions, each activity is demonstrated by effective trainers and praeticcd by parents, A parallel children's workshop involves children in rich reading experiences while parents attend brcakout sessions, At the end of the workshop families enjoy a play perfornled by their childrcn that reviews workshop content followed by a read-aloud demonstration, This highly research program has demonstrated success, In addition, the three school sites will train and hire additional staff to work with families in the areas of English literacy, parenting classes, and pre-employment skills, The effort will concentrate on preparing families to succeed in each oppOltunity offered and prepare tllem to further tlleir education at the college, university or vocational school if desired, The iniliative will be community minded, and the quality resources currently available to scrve fanlilies will be strengthened, brought together and serve together, 4.Given that you will be required to develop comprehensive family literacy services at three elementary school sites, how will you determine \yhich three schools to involve? The ImmokaIce community is served by four district elementary schools and onc charter K-6 schooL Three schools will be selected based on studcnt demographic data targeting the number ofESOL students served, as well as lhe school's level of capacity to support comprehensive implementation of the program with fidelity, The district and the schools eagerly welcome the opportunily to enhance the level of sen'ice pro\'ided to ESOL students and their families. 5. State the degree of support that the principals would be expected to give to this initiative and why. School-based leadership is critical to the success of family literacy initiati\'es, Communication of program goals and expected outcomes, identification of staff, coordination and integration with Page 3 of 8 National Center for Family Literacy 325 West Main Street, Suite 300 / Louisville, Kentu:ky 40202-4237 Phone: 502.584,1133 - Internet; w\t'M'.famlit.org Agenda Item No. 16E3 May 22, 2007 Page 7 of 11 existing support structures, as well as ongoing ovcrsight and involvement with pro~'fam implementation will be necessary to ensure maximum impact of the program, The principal will have oversight responsibility for the site-based budget needs of the program, The principal will embrace the pro!;,'fam because the School Improvement Plans include as one of the primary goals, family involvement and families that value cducation provide significant assistance to their children's' education as well and contribute substantially the community. 6. State the degree of support you would expect the teaching staffs at the school sites to give to Parent and Child Together (PACT) Time, where parents are in\'ited to work with their children in the elementary classroom. How will this be determined? Collier County Schools cncourage all parents to take an active rolc in supporting the development of their children as learners, Although the PACT Initiative is primarily focused on parents and children in preschool settings, the tenelS of PACT can easily be expanded into the elementary classroom, Teachers eagerly welcome parent support in a variety offonnats, including but not limiled to working with their children in the elementary classrooms during the school day, In addilion, aftcr school and evening opportunities for parent involvement will be provided to allow parents to participate without necessitating a missed day at work, Cuniculum Nights and Family Literacy Nights allow parents and teachers to gather in support of students and leaming, Ifmade available with regularity, parents will no longer be limited by the cunent infrequency of such opportunities, 7. Participating parents in the program often need child care services for younger children not in school. How will you meet this need, whether on-site or with a collabOl"ating partner? . On-site child care is provided as a matter of course at alllmmokalee after school events, Child care is provided by school district cmployees who have been screened as required based on the recently enacted Jessica Lunsford Child Protection Act to assure a safe and developmentally appropriate experience for all children in our care, 8. Describe the systcnls currently in place in yuur school district to provide social services specifically to Hispanic/Latino and other immigrant families and how you "'I'iII access these services. The Collicr COU11lY Public School (CCPS) systcm provides a continuum of sC1Tices to support the needs of children and familics within our sen'ice areas, The Collier County Public Schools collaborates with community groups sllch as the Redlands Christian ?l1igrant Association, Collier County Housing Authority, and the Guadalupe Center which serve as the primary conduits for identifying and securing needed social sen'iccs for Hispanic'Latino families in the Immokalee area, These agencies have a long-standing presence in 1he Immokalce community, Thc One-Stop Carecr Center, operatcd by the Southwcst Florida Workforce Dcvelopment Board, provides pre-employment counseling, training, and employment rcfena] scryices in Collier County. 9. Describe any activities/programs offered by the school district to provide ESL literacy-hased instruction for elementary-aged children outside the regular school day, e.g.~ extended day sen'ict"s. Page 4 of 8 Nctiona! Cen!er for Family Utera:y 325 \Vest ~1ain S~reet, Suite 300 I Louisville, Kentwck~' 40202-4237 Phone: 502.584.1 :33 - Intemet: wwv;.famliLorg Agenda Item No. 16E3 May 22, 2007 Page 8 of 11 Through the programs listed in question ten, the district provides ESL literacy-based instruction during before and after school programs. There is a very concentrated ESL instructional component provided to all identified students during the school day, Activities and interventions provided through after school programs support the targeted interventions in place during the regular school day, In addition, we offer before, aftcr school and Saturday school to our ESL students and their families, Through Title I funds, a parent component with additional services provided through Parent Involvement Assistants (PIAs) and as well as by home-school liaisons providcd through Migrant funding sources. Thcse programs use research based curricula and assess and evaluate participant performance, 10. List which of the following services/programs are available to your school district as a part of regular sen-ices provided to struggling students in presehool andlor elementary schools: Title I, Title III. Even Start, Head Start, 21" Century Learning Grants, Reading First, etc. Title T, Title HI, Even StaJt, Head Start, 21 ,t Century Learning Grants, and Rcading First funds are all available and are supporting students needs in the Collier County School District and are implemented in the 1n1mokalee service arca. For eXaJ11ple, there arc 650 students attending after school programs through the 2l;! Century Community Learning Centers Program. Tbe program is focused on academics across all content areas and provides enrichment in the arts and in nutrition, After school tutoring is provided at alllmmokalee elementary schools through the support of the Redlands Christian Migrant Association (RCMA) and Guadalupe Center, which are focused on the Sunshine State Standards and on enhancing student performance on the Florida Comprehensive Achievement Test (FCAT), 11. If your school district cUTrentl)' provides any comprehensive family literacy services, please describe those services and how they are offered. Due to funding constraints, the district does not offer comprehensive fan1ily literacy services to all students and families at this time, The Even Start Program aJld 21" Century Grant do provide faJuily literacy services for a limited number of familics, The district does have a platform from which to launch a comprehensive family Iitcracy initiative, We havc a wealth of highly-qualified bilingual educators as weJJ as paraprofessionals, a quality adult education program with its own facilities, newly renovatcd elementary school facilities desit,'ned to enhance communication between stakeholder groups, and distlict leadership committed to both the value and the necessity of family literacy Prob'faJUS, Moreover, there is an ovcrwhelming need in the Immokalee community for family literacy services, which we believe could break the cycle of generational poverty and dependence upon unstable, agricultural employment 12, In your work with HispaniclLatino families in J'our school district, what arc the five greatest challenges you face as educators? Greatest chaJJcnges: I. SuppOlting pre-literate families in acquiring literacy 2. Need for additional resources appropriate for teaching sccond language learners 3, :'\1eeting the needs of a culturally and linguistically diverse population 4, Staffing schools with highly-qualified educators and paraprofessionals rage 5 of B National Center for Family Literacy 325 West Main Street, Suite 300 jlouisville, Kentucky.40202-4237 Phone: 502.584.1133 - Internet: wwvdamlit.org Agenda Item No. 16E3 May 22, 2007 Page 9 of 11 5, Identifying role models for culturally and linguistically diverse populations 13. In working with HispaniclLatino families in your community, what are the five greatest challenges faced by city/commnnity leaders? Greatest challenges: 1, Identifying and increasing a\'ailable literacy resources for parents 2, Providing a continuum ofliteracy ser,ices 3. Providing targeted support for families across the educational and social services spectrum 4. Providing comprehensible communicalions to the entire community 3, Incorporating the needs of a divcrse community into planning for the future Note: Questions 12 and 13 provide excellent information regarding the needs that cities and school systems have in serving immigrant families. NCFL requests permission to use this information to develop a stronger case for the need for family literacy services across the nation. All data will be presented in aggregate form. Please indicate your permission for the use of the information you provide. The School District of Collier County grants the National Center for Family Literacy permission to use the information in this survey to develop information/articles to advocate for funding, both pub' private, for additional family literacy services, Superintendent Title Signatur'e. Date ~h (7 Page 6 of 8 National Center for Family Literacy 325 West f>1ain Street, Suite 300 / LouiSville, Kentucky 40202-4237 Phone: 502.S84.l133 - Intemet: www.famlit.org Agenda Item No, 16E3 May 22, 2007 Page 10 of 11 Contact Information Please provide contact Information and signature for the person who Is completing this document. Grant Writer's Name Mr. Thomas Stcphens, Coordinator of Grant Deve]oEment City Naples, Florida The School District of Collicr County 5775 Osccola Trail, Naples, Florida 34109 Address Phone 239-377-0323 Fax 239-377-0321 E-mail SlepheTh'a:'collier.k I 2.n.lJ5 -U~cM ~ S i gllature Please provide contact Information and signature for the school district superintendent, Superintendent Mr. Raymond J. Baker District The School District of Collier County, Florida Address 5775 Osceola Trail. Naples, Florida 34109 Phone 239-377-0212 Fax 239-377-0206 E-mail Signature Page 7 of B National Center for Fam:!y Literacy 325 West Main Street, Suite 300 Ilou!sville, Kentucky 40202.4237 Phone: 502.584.1133 ~ Internet: v.wwJamht.org Agenda Item No. 16E3 May 22, 2007 Page 11 of 11 Please provide contact informarion alld signaturefor the Mayor or County/City Leader, Mayor or County/City Leader City Name Address Phone Fax E-mail Signature Mr. Jim Mudd, County Manager, Collier County, Florida NapJes/Immokalee 3301 East Tamiami Tl'llil, Naples, Florida 34112 239-774.8383 239-77 4-40] 0 T<:Im""'~Ml,r1~@rn 11; t:>rznu npr /2 ,-i:: ~..~// t--'7. ( Please Return the Original Survey Application and Four Copies to: National Center for Family Literacy (NCFL) Attn: Brenda Logan, Director of School Reform Initiatives 325 W, Main Street, Suite 300 Louisville, KY 40202 Faxed or Electronic Copies Cannot Be Accepted Note: SURVEYAPPLlCATlONMUSTREACHTHE j'v:4TlONAL CENTER FOR FAMILY LITERACY BY 5:00 P,M, EASTER/Ii STANDARD TIME ON AfAY9,2007 Page 7 of 7 National Celiter for ramily Literacy 325 West Hain Street, Suite 300 /loUisville, Kentucky 40202-4237 Phone; 502.584.1133 ~ Internet: wWI':.famliLorg Agenda Item No, 16E4 May 22, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with William C. Scherer and Irene K. Scherer for 80,00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $548,000, OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and William C, Scherer and Irene K, Scherer (Sellers), CONSIDERATIONS: On January 23, 2007, Agenda Item 10A, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program, The Sellers' property contains a total of 80,00 acres and Is located in Section 30, Township 51 South, Range 27 East This parcel is within the Mcllvane Marsh area, In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $540,000 was based upon the average of two independent, state-certified general real estate appraisers, one giving value at $520,000 and the other at $560,000, The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Sellers, the County will pay the Sellers $2,700 In liquidated damages, The CCLAAC approved this transaction on May 14, 2007, and voted to recommend Board approval and execution of the attached Agreement Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith, The Agreement has been reviewed and approved by the County Attorney's Office, FISCAL IMPACT: The total cost of acquisition will not exceed $548,000 ($540,000 for the property, $4,700 for the appraisals, and approximately $3,300 for the title commitment, title policy, and recording of documents), The funds will be withdrawn from the Conservation Collier Trust Fund (172), As of May 14, 2007, property costs for Conservation Collier properties, including this property and those under contract, total $56,625,533, GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3,1(e) In the Conservation and Coastal Management Element of the Collier County Growth Management Plan, LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002-63, - RECOMMENDATIONS: Staff is recommending that the Board of County Commissioners: 1 )Approves the attached Agreement and accepts the Warranty Oeed once it has been received and approved by the County Attorney's Office; and 2) Authorizes the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this transaction; and 3) Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payment; and 4) Oirects the County Manager or his designee to proceed to acquire this parcel, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to this parcel, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5) Approves any necessary budget amendments, PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist, Real Estate Services, Oepartment of Facilities Management Agenda Item No, 16E4 May 22, 2007 Page 2 of 15 Conservation Collier land Acquisition Program Project Design Report Oale: April 26, 2007 Mcllvane Marsh I Rookery Bay Partnership Project I Willing Sellers Scherer WllingsSeUers '~'" ~ ~, Conservation Lands Collier Seminole State park RBNER RBNERR RBNERR 10,000 Islands NWR D . """". """ ,~_'" ~,,"", C<....d.'CDE"".."....,....,S.~''''~~s 0 ~...""o"..,....,...~.('<.....'''''"'....=PD~_'''''..~h'''''''''."'i'g I O.::!5 0.5 ~ Miles -Q- Property Owner(s}: William C, and Irene K, Scherer Folio(s}: 00775440005 Location: Mcllvane Marsh - Section 30, Township 51, Range 27 Size: 80 acres Appraisal/Offer Amount: $540,000 History of Proiect: Received applicatio Selected for the Approved for Purchase offer Offer Accepted Active Acquisition purchase by made to owners List by CCLAAC BCC September 28, 2006 December 11, 2006 January 23, 2007 March 22, 2007 April 4, 2007 Purpose of Proiect: Conservation Collier Agenda Item No, 16E4 May 22, 2007 Page 3 of 15 PrO!lram Qualifications: This site is part of a project area, in which a number of similar parcels were evaluated as a group, The group met 5 out of 6 initial screening criteria, including presence of native habitat, having human resource values, biodiversity and connectivity, The one criteria not met was being within another agency boundary, however, the State of Florida Division of State Lands is interested in pursuing a boundary adjustment in order to partner with Collier County for post acquisition partner funding and management of the parcels as discussed in the Projected Management Activities section. Mclivane Marsh is an 800-acre project area located south of U,S, 41 and just to the west of Collier Seminole State Park, in Sections 29 and 30, Township 51, Range 27, The project area is divided into 19 parcels of which Conservation Collier has willing sellers for 7 parcels totaling 280 acres (see above map), The Scherer parcel is on the south side of the marsh project area, directly adjoining the Ten Thousand islands National Wiidlife Refuge (NWR), Two owners (one owns 2 acres at the north edge of the marsh and one owns two parcels totaling 51.02 acres on the west side and in the center) have declined Conservation Collier's offers, Rookery Bay National Estuarine Research Reserve (RBNERR) either already owns or is in the process of receiving 2 parcels totaling 330 acres that have been donated for mitigation purposes and Collier County owns one 20-acre mitigation parcel. There are 170 acres remaining to acquire from 8 owners, One of these owners, of 80 acres along the north side of the marsh has indicated the County's offer maybe too iow for him to accept Conservation Collier has sent letters to the remaining 7 owners in the past asking if they are willing to sell and they did not respond, The Program plans to send follow up letters during the current cycle with Board approval. Mcllvane Marsh contains at least 4 different types of native plant communities identified by the Florida Department of Transportation's Florida Land Use Cover and Forms (FLUCCS) (1994/1995) classification system, including saltwater marsh, mangroves, pine f1atwoods and inland ponds/sioughs, These native plant communities appear to be in relatively good shape, with exotics primarily along the northern edge where there is a dirt road; however, much of the property was viewed from one video taken of the western side of the marsh and from the air, due to accessibility problems, For inaccessible areas, staff relied upon reports from RBNERR staff, who have visited most areas within the marsh, Conservation Collier does not own lands in this geographic area, so acquisition of these parcels would expand the geographic distribution of Conservation Collier Preserves, There is potential to provide appropriate access for nature-based recreation, Although much of the marsh is inaccessible by vehicle or foot, there is potential for a small dock or ramp constructed on the easternmost parcel to provide canoe or kayak access and to provide access to a lake area for fishing and wildlife viewing via Curcie Road, a paved public right-of-way, Acquisition of parcels within this project area will provide opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species and flood control. Coastal wetlands within the project area provide habitat for many wetland dependent species, particulariy bird and fish species, There is a known rookery within the Mcllvane Marsh and many bird species have been observed there, Acquisition and protection of the marsh will provide protection both for developed properties to the north from storm surge and water quality protection to adjoining marine and estuarine communities, as the piants, animals and soils in coastal marshes absorb, filter and neutralize many pollutants draining from the land, The area also provides moderate to substantial recharge for the surficial aquifer. Acquisition of the Mcllvane Marsh wouid provide opportunities to protect significant biological values by protection listed species habitat, providing connectivity to other conservation iands and offering restoration potential and ecological quality, The marsh appears to have good Agenda Item No, 16E4 May 22, 2007 Page 4 of 15 ecological quality, as observed by staff during area f1yovers and as reported by RBNERR staff, The marsh contains habitat for many listed species, including American alligator (State -SSC', Federal - r') American crocodile (State - E''', Federal - E), Florida ribbon snake (Federal - T), and numerous species of birds listed by both the State and Federal governments, While it is not known whether the site contains listed plant species, it is likely to contain listed (but locally common) bromeliad species, The project area is directly connected to public conservation and park lands, including the Collier Seminole State Park, Ten Thousand Islands National Wildlife Refuge, Deltona Settlement Lands and, through them, to RBNERR. Projected Manaoement Activities: Staff is currently working with the Florida Division of State Lands on a post-acquisition partnering proposal that would share costs of acquisition and transfer title of the inaccessible portions to the State for inclusion in the RBNERR, leaving the accessible parcel, off Curcie Road, titled to Collier County for development of recreation consistent with conservation, A small fishing/wildlife viewing dock and parking area could be piaced on the parcel at the Curcie Road access point Partnership with the State would make the entire project iess expensive for Collier County, remove long term management costs and obligations for the County on inaccessible areas and would still result in placing the marsh in permanent conservation status, thus achieving all the goals of the Conservation Collier Program, As previously mentioned, RBNERR already owns a significant portion of the marsh, Lands owned and managed by RBNERR would be accessible to the public under the Rookery Bay lands management plan, , SSC - Species of Special Concern " T - Threatened '" E - Endangered CONSERVATION COLLIER TAX I,D. NUMBER 00775440005 , P,eRlg.,a9la Item No, 16E4 Jennlfe, A Berpedlo, EMAiF.z2 2007 Office of the County Att~ 5 of 15 3301 Ee.t Tamlaml Trail Naples, Florida 34112 (239) 774-8400 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between WILLIAM C, SCHERER and IRENE K, SCHERER, his wife, whose address is 19218 Eastwood Drive, Harper Woods, Michigan 48225-2043 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a rolitical subdivision of the State of Florida, its succesSOIll and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Coilier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of rurchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seiler is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10,00), the receirt and sufficiency of which is hereby acknowledged, it is agreed as foilows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms .and conditions hereinafter set forth, Seiler shail seil to Purchaser and Purchaser'shail rurchase from Seiler the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The rurchase price (the "Purchase Price") for the Property shail be Five Hundred Forty Thousand and no/l00 ($540,000,00), (V.S, Currency) rayable at time of closing. ill. CLOSING 3,01 The Closing (THE "CLOSING OATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shail be held on or before one hundred and twenty (120) days foilowing execution of this Agreement by the PurChaser, unless extended by mutual written agreement of the parties hereto. The Closing shail be held at the Coilier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida, The procedure to be followed by the parties in connection with the Closing shall be as foilows: 3.011 Seller shail convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shail be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Cioslng, the Seiler shail cause to be delivered to the Purchaser the items specrfied herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed In favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. 1 CONSERVATION COLLIER TAX I.D. NUMBER 00775440005 Agenda Item No, 16E4 May 22, 2007 Page 6 of 15 (b) Such other easements, restrictions or conditions of record, 3,0112 Combined Purchaser-Seller closing statement 3,0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap' and issue the policy contemplated by the title insurance commitment 3,0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Servlce1 3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3,0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price, No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4,011 thereto, and the Title Company is irrevocably committed to pay the Purchase, Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed, 3,0122 Funds payable to the Seller representing the cash payment due at Closing In accordance with Article III hereof, shall' be subject to adjustment for prorations as hereinafter set forth, 3,02 Each party shall be responsible for payment of its own attorney's fees, Seller, at Its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201 ,01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property, The cost of the Owner's Form 8 Title Policy, issued pursuant to the Commitment provided for in Section 4,011 below, $hall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed, Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based LJpon such prior year's millage, IV, REQUIREMENTS AND CONDITIONS 4,01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4,011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL T A Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon, Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing, If the title comm~ment contains exceptions that make the title unmarketable, Purchaser sha. deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement 2 CONSERVATION COLLIER TAX 1.0. NUMBER 00775440005 Agenda Item No. 16E4 May 22, 2007 Page 7 of 15 4,012 If Purchaser shall fail to advise the Seller in writing of any such objections In Sellers 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 il$ 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 (SO) day period, may accept title as it then Is, waiving any objection; or Purchaser may terminate the Agreement A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4,013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida, No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage, If the survey provided by Seller or obtained by Purchaser, as certified by a registered Fiorlda surveyor, shows: (a) an encroachment onto the propertY; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser, Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Selle" of any such objections, Should Seller elect not to or be unable \0 remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the enoroachment, or projection, or lack of iegal access, or Purchaser may terminate the Agreement A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access, V, INSPECTION PERIOD 5,01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1, Soil tests and engineering studies Indicate that the Property can be developed without any abnormai de mucking, soil stabilization or foundations, 2. There are no abnormal drainage or environmental requirements to the development of the Property, 3, The Property is in compliance with all applicable State' and Federal environmental laws and the Property Is free from an; pollution or contamination. 4, The Property can be utilized for its intended use and purpose In the Conservation Collier program, 5,02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any Investigation, Purchaser shall deliver to Seller prior to the expiration of the 3 CONSERVATION COLLIER TAX 1.0. NUMBER 00775440005 Agenda Item No. 1 E4 May 22, 2 07 Page 8 0 15 Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the. results of its investigations and the contingencies of this Article V shall be deemed waived, In the event Purchaser elects to terminate this Agreement because: of the right of inspection, Purchaser shail deliver to Seller copies of ail engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property, 5,03 Purchaser and its agents, employees and servants shall, at th~ir own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessart investigation, Purchaser shail, in performing such tests, use due care and shail iAdemnify Seller on account of any ioss or damages occasioned thereby and against any claim made against Seiler as a result of Purchaser's entry, Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property, VI. INSPECTION 6.01 Seiler acknowledges that the Purchaser, or its authorized agElnts, shall have the right to inspect the Property at any time prior to the Closing, VII. POSSESSION 7,01 Purchaser shail be entitled to fuil possession of the Property at Closing, ViiI. PRORATIONS 8,01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2006 taxEls, and shali be paid by Seiler. IX, TERMINATION AND REMEDIES 9,01 If Seiler shall have failed to perform any of the covenants ancVor agreements contained herein which are to be performed by Seller, within tan (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce ail rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement 9,02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seiler is not in default, then as Seiler's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one-half percent (1/2%) Of the purchase price shall be paid to Seiler as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12,01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature, 4 ...01 CONSERVATION COLLIER TAX I.D. NUMBER 00775440005 Agenda Item No. 16E4 May 22, 2007 Page 9 of 15 9.03 The parties acknowledge that the remedies described hetein and in the other provisions of this Agreement provide mutuaily satisfactory and sufficient remedies to each of the parties, and take into account the peCuiiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seiler and Purchaser represent and warrant the foilowing: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake ail ections and to Ptlrform all tasks required of each hereunder. Seiler is not presently the subjeot of a pending, threatened or contempiated bankruptcy proceeding. 10.012 Seiler has full right, power, and authority to own and operate the Property, and to execute, deiiver, 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 Seiler and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser andlor Seiler, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seiler to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, iitigation or investigations pending or threatened. against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shail 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 suoh conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seiler represents that they have (it has) no knoll/iedge that any poliutants 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, handiing, 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 wQuld have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seiler 5 .... CONSERVATION COLLIER TAX I.D. NUMBER 00775440005 Agenda Item No. 16E4 May 22, 2007 Page 10 of 15 represents no storage tanks for gasoline or any other substanoes are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seier's operations concerning the Property are in violation of any appiicable 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 reguiation or requiring or cailing attention to the need for any work, repairs, construction, alterations or instailation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seiler has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for pubiit 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 Seiler'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. 10.021 Seller acknowiedges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seiler 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, Seiler agrees not to enter into any contracts or agreements pertaining to Qr affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the' governmental ordinances or laws governing same. Seiler 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. 10.022 At the Closing, Seiler shail deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement') reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.c; Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including 6 CONSERVATION COLLIER TAX 1.0. NUMBER 00775440005 Agenda Item No. 16E4 May 22, 2007 Page 11 of 15 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 tille. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other comm~nication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mal, return receipt requested, postage prepaid, addressed as follows: if to Purchaser: With a copy to: If to Seller: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Management Department 3301 Tamiami Trail East Naples, Florida 34112 Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services . Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 William C. and Irene K. Scherer 19218 Eastwood Drive Harper Woods, Michigan 48225-2043 Telephone number: 313-372-3808 Fax number: 11.02 The addressees and numbers tor the purpose of this Articie may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, uniess and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaset harmiess from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to \he terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit 7 CONSERVATION COLLIER TAX 1.0. NUMBER 00775440005 Agenda Item No. 16E4 May 22, 2007 Page 12 of 15 of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is In writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as It has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, desdribe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gendEir or number as the context or the use thereof may require. ' 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. . 13.07 If any date specified In this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be ~xtended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purch~e represented by this Agreement is subject to acceptance and approval by the Eloard of County Commissioners of Collier County, Fiorida. 13.09 If the Seller hoids the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written pUblic disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance l"ith the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. 8 CONSERVATION COLLIER TAX I.D. NUMBER 00775440005 Agenda Item NO.1 E4 May 22, 2 07 Page 130 15 IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecVAcquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO SELLER: DATED: f!t3/07 WITNESSES: (~/vJJ ri W~ (Signature) & n, c ,4. aJtkJ4 h,u (Printed Name) ~'~ii'L 21t-T;;#J~ (Si nature) / n;-:.,!/,., I/. ~1 S (Printed Name) Approved as to form and legal sufficiency: I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, Chllirman BY: ~z~ I> ~~ WILLIAM C. SCHERER BY:~~XU~ ENE K. SCHERER 9 EXHIBIT "A" PROPERTY TAX IDENTIFICATION NUMBER: 00775440005 LEGAL DESCRIPTION: THE SOUTH-HALF (SI/2) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 30, TOWNSHIP 51 SOUTH. RANGE 27 EAST, SUBJECT TO (AND THE GRANTOR HEREBY RESERVES, EXCEPTS, GRANTS AND DECLARES) AN EASEMENT FOR ROADWAY IN FAVOR OF THE GRANTOR AND GRANTEE AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS, AND ALSO IN FAVOR OF ALL CURRENT OWNERS OF ABUTTING LANDS AND THE PUBLIC ON. OVER AND ACROSS THE EAST THIRTY (30) FEET OF THE SOUTH-HALF (S1/2) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27 EAST Agenda Item No. 16E4 May 22, 2007 Page 14 of 15 Item Number: Item Summary: Meetlng Date; Page 1 of 1 Agenda Item No. 16E4 May 22, 2007 P",ge 15 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E4 Recommendation to approve an Agreement for Sale aM Purc~lase With William C Scherer and Irene K. Scherer for 80 00 acres under the Conservalion Collier Land Acquisition rJrogramatacostnotloexceed$548000 512212007900 00 11M Dore Prepared By Cindy M. Erb Administrative Se.....ir:es Senior Property Acquisit,on Specialist Facilities Management SI1I20074,08:27PM Date ApprnvedBy AlexandraJ. Sulecki Administrative Services Senior Environmental Specialist Facilities Management 513120078:51 AM Do" Approved By Skip Camp, C.F,M. Adminis\rativeServices Facilities Management Director Facilities Management 514/20073:43PM Date Approved By Jennifer A Belpedio County Attorney Assislant County Attorney County Attorney Office 517!20071136AM Date Approved By Mary Beck Admin;strativeSe.....ices Executive Secretary AdminlstrativeSe.....icesAdmin. 5/B120079A3AM Date Approved By Lan GOlden Price AdrninistrativeS".....ices AdrninistriltiveServicesAdministralor Administralive Services Admin. 51'il/200710:16 AM Dale Approved By OMBCoordinator County Manager's Office Administrative Assistanl Office of Management & Budget 519/20073:26PM Dale Approved By Laura Davisson County Manager's Office Management & Budget Analyst Office of Management & Budget 5/t4i20078:44AM Dale AllprO\ed By Michael Smykowskj County Manager's Office Management & Budget Director Office of Managemenl& Budget 5/1412007 t059AM Date Appro\'ed By JamesV.Mudd Board of County Commissionel"$ County Manager County Man.'lger's Office 5/14:200711:20AM filp'llr'\Aopnrl~Tp<:t\Fvnnrt\j.1~_M~,,%. ?n?? 0,;' In?nn7\ 1 r.. o/~ln('()I\I,j:'1\fTil,-;'I(lA ,;J:;"1\ln A \ 1':" <;/l,:.,n(lf17 Agenda Item No. 16E5 May 22, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve price adjustment regarding Contract #05-3796, "Traffic Sign Materials and Related Items" to allow for aluminum price increases incurred by the awarded vendor, Municipal Supply and Sign Company. OBJECTIVE: To obtain approval from the Board of County Commissioner's for a price adjustment regarding Contract #05-3796, 'Traffic Sign Materials and Related Items" to allow for aluminum price increases incurred by the awarded vendor, Municipal Supply and Sign Company (Municipal). CONSIDERATIONS: Collier County is presently under the above referenced contract with several firms for providing sign materials and related items. Due to the nature of the materials purchased under this bid, aluminum price escalations are allowed at renewal time. Of the four (4) original awarded vendors, one chose not to renew (Rocal). At the time of bid award, Municipal was the tertiary low vendor on these items. When the primary vendor chose not to renew, Municipal became one of the primary suppliers of aluminum products. All vendors were permitted to request a price increase at the annual renewal time, but because Municipal was the tertiary vendor at that time and not getting requests for these items, they did not ask for the increase at that time. They requested a price increase after the fact, which is not allowable in this particular contract; therefore, staff is requesting approval from the Board. Subsequently, they are receiving multiple orders for these items listed below and are requesting that the County allow the requested price increase. Staff is recommending that the bid pricing for the nine (9) line items listed below be adjusted to reflect aluminum price escalations. Current Proposed Price Price Cateaorv 2 - Items 1-6 Item 1 $ 5.95 $ 7.85 Item 2 12.41 15.13 Item 3 14.50 18.46 Item 4 17.65 21.78 Item 5 5.95 6.65 Item 6 6.95 7.48 Cateaorv - Related Items Item 49 $ 2.24 $ 2.80 Item 50 3.40 4.25 Item 51 1.95 2.45 FISCAL IMPACT: Funds are budgeted in each using department's respective cost center as needed to meet the rate increases. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. -.... RECOMMENDATION: That the Board of County Commissioners approves the aluminum requested price adjustments for Municipal Supply and Sign Company. PREPARED BY: Brenda Brilhart, Purchasing Agent. Purchasing Department Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Ilem No. 16E5 May 22, 2007 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E5 To approve a price adjustment under contract 05.3786 - 'Traffic Sign MaterialS and Related Items'. 5/22f200790000AM Mike Hauer Dille Approved By AdminislrativeServices Acquisition Manllger Purchasing 4123120074:14 PM Approved By SteveCamell Administrative Services Purchasing/General Svcs Director Dale Purt:hasing 4126120072:55 PM D," Approved By RobcrtW. Tipton.P.E. Transportation Services Traffic Operations Director Traffic Operations 4/30/20074:33 PM Len Golden Price Dale Approved By Adminlslrative$ervices Admini$trativeServicesAdministrator Administrative Services Admin. 5/91200711:54AM Approved By OMS Coordinator County Managers Office Administrative Assistant Date Office of Mal1agement 8. Budget 5/9/20073:23PM Dale Approved By Laura Davisson County Manager's Office Management & Budget Analyst Office of Management & Budget 5/15/20074:47 PM Date Approved By Michael Smy~owski County Manager's Office Management & Budget Director Office of Management & Budget 5/15/20074:59 PM Date Approved By JllmesV. Mudd Board of County CommiSSioners County Mllnager County Manager's Office 5/15120076:17 PM fllp.llr.1 11 npnil"'Tp"tIPv.......rtIQ":l._!\,f,,,,o/_"n"" O,::"n"ntl7\ 1 t:. O/^"'l(V"'Il""T~-.::;1o.rT'O/_"'l" A fC:L'1o.~ A \ 1': <:11':"''''''' "''''''' wo~ <00- ~NO ON-M ZN ~ E ~ro ~~CI... CO "0 C OJ '" <C gCON c " . E "' U 0 . . ~ . 0: 0 u . . '5 ~ ~ ~ z Iii '" .. " , . . ~:Ea. _0:0 u . u .~ >:t o . . 0:00'= . E ~ 'C . .. .. 0: ~ 0 . . ;;; '0 . .. '" 0 '" '" in '" '" <;> u ~ , ;;; M E ob 7 i m l- N t ;;, 0 .!lcl.:it C . o~ 0 0:05 0 '" M . o '" in ;;; . ~ '., :> u o ,,-. - . ~- . u en 0 ~ o Ii u .: ;;; u o 0: ~ ~ << ;;; o '" '., o '" C Glg; u ~ ~ ~ 1Ill!. 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'" <( '0 W > . u w a: E , '0 C W '0 :i' , . ~ . " . € iii . '0 C ~ al c . E - o cO ~ w c " , o () " w '" <( ~ - . E ~ ~31~112~~7 Agenda Item No. 16E5 P~aiB1!~~007 Page 10 of 15 . 14:49 2392624645 MUNICIPAL e MUNICIPAL SUPPLY & SIGN CO. - lOllS 5" """""" III. Nepl,,", Aorida 341CJe TEL: 239-26:1.-4645 800-329-5366 FAX: 239-262-4&15 E-mail: !l.A1eAtalmmrlciDal!ritma.com. web~ ~ m'llllieIM1..(C!M com March I, 2007 Brenda Brilhart CollieT CoWlty Ciov=ent 3301 raoti~iT~I~ Nople8, FL 34112 Re: ColllI8cl # 05-3796 TIaflic Sign MatcriaIs atId Related lteIml . Dear Bn:nda, We actM:ly desj", to nWntain our supplier rell1lionsbip wi1h our neighbor, Collier County. AJ; such, we have negotilllcd reductlons with our suppliers ~ possible, ",f1e=d productivity improvelnontS when aohitovable. That said, paxs.- to our telephone conve:ma'tiOl1 Qtl Fe~ 28"', we must still il:1crease om: pricing on the i1eD1S noted below due 10 substantill1 net cost increaSes and freight increase we have received from our v.:ndors. Where llv1"vp.lUrte, supporting correspondence li'om ow vendor is attached. The fullowing are the cbangeo that _ are requesting: A. Category 1- IteImll-51 no change in pricing B. Category 2- Items 1-6 price has 10 increase as follows From To ItEm I - 5 5.95 S 7.85 Item 2 - 512.41 515.13 Item 3. $14.50 $18.46 Item 4- $17.65 $21.78 Item 5 - 5 5.95 $ 6.65 Item 6 - S 6.95 $ 7.48 This is due to the increase In galvanizing and steel pricing and freight inc1eascs, please see attached.> C. Category 2 Items 7-11 no change In priemg D. Category 2 Items 12-17 nQ clumge in pric1ng, however the mlJllmum quantity must be incteasecI10 10 each. E. Category RellWld ItelDB 49-51 price has to in_lIS follows Front lu:m 49 - S2.24/sq it. Item 50 - S3.40/sq it. Item 51 - $1.95fsq ft. To S2.801sq it. $4.25fsq ft. S2.45fsq ft. lEe-; 9001l0O'd m-L >>BOZElIEZ Su t S!4oJnd !lunoJ J.! II O~_WOJ, ZE:,l lO-EZ-JdV A.r-23-0T 15:32 LQ/ga :!Jg~d Agenda Item No. 16E5 May 22. 2007 Page 11 of 15 Fram-Col I jar County Purcha5lnl 239 73Z 0844 T-m P.00Z/006 H39 'on l'llll1lO<l ~~..q lQII OP '=Id '!:tIOJlS'Inb .t:lqIJtIJ hUll eAEq nO>t PI""'lS . AlDn<O >>mO;) lldJ.tylilins =Iqa.rd 011 ""'StI f(!M ~1A ~ :oql tll ~1Il1lj~ N.aJ ~ l{l!& "l"'q:>el:I8 - """"ld 'mltTIfl2lTllE II! 1SlXl P"'l=lI! ~1I1 en ;np ll! SJtU. 1IIdr:JINI"lI< S1>9l>Z9ZGgZ G1>:.l L88z/!s/ga B3/8..2B87 14;4~ 23~2624645 Ml.tlIClPAI.. Agen~r~mJl9~j6E5 ""iii1ay":!:c; 2007 Page 12 of 15 NUCClF=I! BAR ""LL GIIOUP NucaR STE~I- .",ARION. IHe, February i4, 2Oe7 TO: Mr. Nick Malnlck Municipal $uppl)l & Sign tnc. P. O. Box 1765 Naples, fL. 34106-i715S As '" JanUOlry 26". 2007, Nueor S1ee1 Marlon, Inc. InstIluI8d a p~... increase on all ftlb-Bak'" U. C~annel Sign Posts. Allar careful flnanelal a""lysls '" theSe pn>ducts, we hlMO real2ed a deIIC:I8ncy In the pricing IeYels, This coupled with "'pid escaletlon In :Elnc used in !he galYllnizlng p_ and lha COnelan' vartabDity in scrap p~_ haS """ess'-lhiol .cst Inc:reese. The !M!nage Increase fer the standarcl prcdUClS purchesed by MUniCJpal Supply & 5111n Ine. is 21.89%. This move will strengthen our efIbrt '" c:omlnuaJly Improving our product and developlnll new applicatlol15 in !he m...Ketph,ce. In addillcn to Bdjusllld pricing Iev"'a, Nucor SleeI Marion, lroc. will""" rno<fdy the method in IIIhIcl1 we handle fnolght cosls 8BIICCiate wttI'l transporting me produClS to yQur mcIlity and cIelivery locatio",.. All pncea wUl be S~OWl1 ss a msnufaolJJred price, An estimated fnolght ehargs IIIIn bQ oaIcula1ed and posted on me prlolng sh..et or quol8tlon. The ac:tulll frBight Oharge wil be addell at the lime 01 shipment. Iv; "lways, we "'111 keep Il10 gption open to alloW MunICipal supply & Sign Inc. to IIITllnge freight ~sndllns for pickup'" JT1BIerlaI in Manon, OH, Please feel free to conloct me l)'Ou hIM! any questions. Sincerely. Chri.s Sa.nders . 740-383-9637 OfljCB 740-:361-llB3B Cell 740-383-6429 Fa>< cssnders@nsmarion.com "Ul;Or _ Malign, II1c. ~12. Chene:v A_ Mario.... OH 43302 PhoI181 740-S83-401~ E!: I i LO-IZ-JdV r 8ES-; 900/100 d 9L1-L mo ZEL BEZ 'UI"4'Jnd ~lunD~ J'II ID~DJ; 83/81/2887 14:49 2392624645 I'UIICIFAl. Po.cE 85/87 L0 "- L.() wo~ c.oO""": ~NO ONM .l:! !oJ l!! U ZN~ ., -"'"" N NN N emm ~2o.. m ;2 ill "" <C '" '" llz, "' ""1>, ''\. u ~ c:: r N "~ ..,.~ '.t-<:J.. ~~ ~~ ~ .. .. .. ~'\. '" .. co .. .. 8 <:> <:> '(" '" '" '" <:> <:> <> .. <:> '" <> oj ci ci g d ~ g d d d ci <:> <> g '" .. 8 <> '" Ln '" <> ~ Ln on Ln V ... .., '" - ... .LW/t IEB-; iDD/vDD' d iLH >>ID m IEl JUJse4'Jnd ~luno~ JI'l IO~-UOJ2 EE: 91 ID-El-J.V B9/81/2B87 14:49 23g2624645 r.tJ~ICIPAl.. Agenda Item No. 16E5 PAGlMa~jl? 2007 Page 14 of 15 ~anu..ry I"ril;:1ng From: Angi [Angi@.hallsigns.com) sen~: Fr,day, ,anuarY 13, 2006 3:36 PM TO: nicklmun,cipa1signs.com subject: ,:January PM ci ng Nick, :t've been trying to -fax 'this prlce to yO\! but I unders"tilnd your phone lines are down. Your January .1um1num price is $ 1.73 par pound. Lat m.. know if you have any Questions. 'Thanks I Ang; aads Hall signs, Inc. 1'0 BOX S15 Bl00m1ng~on. IN 47401 Ph: 800-284-7446 Fax: 888-329-7446 ""9" 1 r 8EI-. SOO/900'd 9L9-1 >>10 lel Ie! JUI!!4~Jnd ~lunD~ JI' I IOj-wOJ~ ee'll lO-el-JOV e3/B1/2SB7 14:49 Agen~a Iter1).~\\'7. 16E5 ""9v1a'j"..:!.2007 Page 15 of 15 2392624645 ML.t-IICIPAL ~.bruBry A1uminum price From: Angi [Angimhal1signs.com] sen~: Yhur.day, February 01, 2007 9:45 AM To: n1ck@munic,pal.igns.oom Subjec~; February Aluminura price Nick.. Your 5052 (.080) a1unnnu~ prioing Tor ord.rs ~laced in February is 52.13 per pound. ~et me know iT you have any Que~~ions. Thank you, Ang; Eads Hall Signs, Inc. PO BOx 515 Bloomington, IN 47402 ph: 800-284-7446 Fax: 888-329-7446 Page 1 5E8-, 900/900'd 9,1-! mo III BEl JU!!!4~Jnd ~luno~ JII I IO~_WOJ~ ":It IO-El-Jdy Agenda Item No. 16E6 May 22, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with James L. Price, Jr. for 20.00 acres under the Conservation Collier land Acquisition Program, at a cost not to exceed $141,200. OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and James L. Price, Jr. (Seller). CONSIDERATIONS: On January 23, 2007, Agenda Item 10A, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Seller's property contains a total of 20.00 acres and is located in Section 30, Township 51 South, Range 27 East. This parcel is within the Mcllvane Marsh area. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $135.000 was based upon the average of two independent, state- certified general real estate appraisers, one giving value at $130.000 and the other at $140,000. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Seller, the County will pay the Seller $675 in liquidated damages. The CCLAAC approved this transaction on May 14, 2007, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total cost of acquisition will not exceed $141.200 ($135,000 for the property, $4,700 for the appraisals, and approximately $1,500 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of May 14. 2007, property costs for Conservation Collier properties, including this property and those under contract, total $56.625,533. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002-63. RECOMMENDATIONS: Staff is recommending fhat the Board of County Commissioners: 1) Approves the attached Agreement and accepts the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2) Authorizes the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this transaction; and 3) Authorizes the County Manage, or his designee to prepare related vouchers and Warrants for payment; and 4) Directs the County Manager or his designee to proceed to acquire this parcel, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to this parcel, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5) Approves any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist, Real Estate Services, Department of Facilities Management Agenda Item No. 16E6 May 22, 2007 Page 2 of 15 Conservation Collier Land Acquisition Program Project Design Report Date: May 1, 2007 Mcllvane Marsh {Rookery Bay Partnership Project {Willing Sellers Price V\.\llingsSellers Conservation Land lona ds // //// // // RBNERR RB ERR C Bier S nino!e S te park RBNERR // // /// / ,:-....- ~. 10,000 Islands NWR ----------~ ":::::-':~ ---- "~.>'"'". .,,, ,," ,..", 'C~''''""''l '"e'"'"",,,,,'" (""~",'CUEM',,,.,""'m''''.'N".,''';S 0 G'_",,~,,"" lol~.lMop~" (.,,~"c1..,", ...."h-~Di' ..... p"""",.., PO ~';'61)((l7 - - I 0.25 0.5 1 1r"liles 1 -1.;-< C"lii,.r~(w'fJ! Property Owner/sl: James L. Price Jr. et ux Folio/sl: 00775480007 Location: Mcllvane Marsh - Section 30, Township 51, Range 27 Size: 20 acres Appraisal/Offer Amount: $135,000 History of Proiect: Received Selected for the Approved for Purchase offer Offer Accepted application Active Acquisition purchase by made to owners List by CCLAAC BCC March 7. 2006 December t 1, 2006 January 23, 2007 March 22, 2007 March 22, 2007 Purpose of Proiect: Conservation Collier Agenda Item No. 16E6 May 22, 2007 Page 3 of 15 ProQram Qualifications: This site is part of a project area, in which a number of similar parcels were evaluated as a group. The group met 5 out of 6 initial screening criteria, including presence of native habitat, having human resource values, biodiversity and connectivity. The one criteria not met was being within another agency boundary, however, the State of Florida Division of State Lands is interested in pursuing a boundary adjustment in order to partner with Collier County for post acquisition partner funding and management of the parcels as discussed in the Projected Management Activities section. Mcllvane Marsh is an 800-acre project area iocated south of U.S. 41 and just to the west of Collier Seminoie State Park, in Sections 29 and 30, Township 51, Range 27. The project area is divided into 19 parcels of which Conservation Collier has willing sellers for 7 parcels totaling 280 acres (see above map - hatched properties). The Price parcel is 20 acres on the west side of the marsh project area. Two owners (one owns 2 acres at the north edge of the marsh and one owns two parcels totaling 51.02 acres on the west side and in the center) have declined Conservation Collier's offers. Rookery Bay National Estuarine Research Reserve (RBNERR) either already owns or is in the process of receiving 2 parcels totaling 330 acres that have been donated for mitigation purposes and Collier County owns one 20-acre mitigation parcel. There are 170 acres remaining to acquire from 8 owners. One of these owners, of 80 acres along the north side of the marsh has indicated the County's offer maybe too low for him to accept. Conservation Collier has sent letters to the remaining 7 owners in the past asking if they are willing to sell and they did not respond. The Program plans to send follow up letters during the current cycie with Board approval. Mcllvane Marsh contains at least 4 different types of native piant communities identified by the Florida Department of Transportation's Florida Land Use Cover and Forms (FLUCCS) (1994/1995) classification system, including saltwater marsh, mangroves, pine fiatwoods and inland ponds/sloughs. These native plant communities appear to be in relatively good shape, with exotics primarily along the northern edge where there is a dirt road; however, much of the property was viewed from one video taken of the western side of the marsh and from the air, due to accessibility problems. For inaccessible areas, staff relied upon reports from RBNERR staff, who have visited most areas within the marsh. Conservation Collier does not own lands in this geographic area, so acquisition of these parcels would expand the geographic distribution of Conservation Collier Preserves. There is potential to provide appropriate access for nature-based recreation. Although much of the marsh is inaccessible by vehicle or foot, there is potential for a small dock or ramp constructed on the easternmost parcel to provide canoe or kayak access and to provide access to a lake area for fishing and wildlife viewing via Curcie Road. a paved public right-of-way. Acquisition of parcels within this project area will provide opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species and fiood control. Coastal wetlands within the project area provide habitat for many wetland dependent species, particularly bird and fish species. There is a known rookery within the Mcllvane Marsh and many bird species have been observed there. Acquisition and protection of the marsh will provide protection both for developed properties to the north from storm surge and water quality protection to adjoining marine and estuarine communities, as the plants, animals and soils in coastal marshes absorb, filter and neutralize many pollutants draining from the land. The area also provides moderate to substantial recharge for the surficial aquifer. Acquisition of the Mcllvane Marsh would provide opportunities to protect significant biological values by protection listed species habitat, providing connectivity to other conservation lands and offering restoration potential and ecological quality. The marsh appears to have good ecological quality, as observed by staff during area flyovers and as reported by RBNERR staff. The marsh contains habitat for many listed species, including American alligator (State -SSC*, Federal - T**) American crocodile (State - E***, Federal - E), Florida ribbon snake (Federal - Agenda Item No. 16E6 May 22, 2007 Page 4 of 15 T), and numerous species of birds listed by both the State and Federal governments. While it is not known whether the site contains listed plant species, it is likely to contain listed (but locally common) bromeliad species. The project area is directly connected to public conservation and park lands, including the Collier Seminole State Park, Ten Thousand Islands National Wildlife Refuge, Deltona Settlement Lands and, through them, to RBNERR. Proiected ManaQement Activities: Staff is currently working with the Florida Division of State Lands on a post-acquisition partnering proposal that would share costs of acquisition and transfer title to the State for inclusion in the RBNERR. Rookery Bay staff advises that canoe and kayak access is possible from Curcie Road. Partnership with the State would make the entire project less expensive for Collier County, remove long term management costs and obligations for the County on inaccessible areas and would still result in placing the marsh in permanent conservation status, thus achieving all the goals of the Conservation Collier Program. As previously mentioned, RBNERR already owns a significant portion of the marsh. Lands owned and managed by RBNERR would be accessible to the public under the Rookery Bay lands management plan. . SSC - Species of Special Concern .. T - Threatened ... E - Endangered Item Number: Item Summary: Meeting Dale: Pagelofl Agenda Ilem No. 10E6 May22,2[)07 PilgC 5 0115 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E6 Recommendation to approve an Agreement (or Sale and Purchase with James L Price, Jr tor 20,00 acres under the COrlservalion Collier land Acquisition Program at a cost not to exceed $141,200 5122l20078000Qi',M Dale Prepared By CindyM, Erb AdministriltiveServices Senior Prope"y Acquisition Specialist Facilities Mnnagement 5/11;::007 J:J8:36PM Date Appruved By Ale~"ndra J, Sulecki AdllllnistrJtivcSl!rvices Senior Environmental Specialist Facilities Management 513120078:53AM Date Approved By Skip C"mp, C,FM. Administrntiv," Services FacjlitiesM~n8.gementDirector FncilitiesManagement 5/4/20073:45PM Date Approved By Jenn,fcrA, Bvlpedio County Attorney Assistant County Attorney Cc>untyAttc>rney Office 517l200711:27AM Date Approved By Mary Beck Administr~t,vc Services Executive Secretary AdministrlllivilServicesAdmin 517/200711:36AM Date Approved By len Golden Price Administrative Services Administrative Services Administrator AdminislrativeServicesAdmin S/9f2Q0710:12AM Date Apllrond B}' OMBCoordlnJtor Count)' I,~nnager.s Office Administrative-Assistant Office of ManagementS Budget 51912007325 PM Date Approved By Laur~ Oa,!isson Counly M"nager'sOffice Management & Budget Analyst Office of Marh1gemenl & Budget 5114120072,19 PM Date Approved By Micll"eI Smykowski County Man"ger'sOffice Milnagemente Budget Director Office of Management & Budget 5114120072,39 PM Date Approved By James 'I, ~,1,,,jd Bcan:l of County Commi,."ol]crs County Manager Counly Manager's Office 5114120072:48 PM file://C:\AgcndaTest\Export\83-l\1av%.2022. %202007\ 16.o/;,20CONSENT%20AGENDA \ I 6.. 5/16/2007 CONSERVATION COLLIER TAX I.D. NUMBER 00775480007 iIIooponIlI$enda Item No. 16E6 J'eiifi1Mf 4. Belped1o. ",\ujrMay 22, 2007 oifiliB of jIle County Attorn'VPage 6 of 15 3301 Eiest Tamllml Trail Wapi,., Flortdl 3411' (239) 774.8400 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JAMES t. PRICE, JR., an unremarried widow, whose address is c/o Mary C. Price, AttorneY4ln-Fact, 7830 Masonboro Sound Road, Wilmington, North Carolina 28409 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WiTNESSETH , WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject torthe conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. .. NOW, THEREFORE, and for and in consideration of the premises and ~he respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, It is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms .nd conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser ,hall purchase from Seller the Property, described in Exhibit "A'. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property,shall be One Hundred Thirty-Five Thousand and no/l00 ($135,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CllOSING", OR "CLOSiNG") of the transaction shall be held on or before one hundied and twenty (120) days following execution of this Agreement by the purd,aser, unless extended by mutual written agreement of the parties hereto. The qoslng shall be held at the Collier County Attorney's Office, Administration Building, ;3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by ~he parties in connection with the Closing shall be as follows: . 3.011 Seller shall convey a marketable title free of any liens, ~ncumbrances, exceptions, or qualifications. Marketable titie shall be determineld according to applicable title standards adopted by the Florida Bar and in aocordance with law. At the Closing, the Seller shall cause to be delivered to~he Purchaser the items specified herein and the following documents and In$truments duly executed and acknowledged, in recordable form: .. 3.0111 Warranty Deed in favor of Purchaser conveyi~g title to the Property, free and clear of all liens and encumbrances oth!lr than: , , (a) The lien for current taxes and assessments. ! 1 CONSERVATION COLLIER TAX I.D. NUMBER 00775480007 Agenda Item No. I 6 May 22, ~ 07 Page 7 0 15 (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreigrl Affidavit," as required by Section 1445 of the Internal Revenue Code arid as required by the title insurance underwriter In order to insure the 'gil.p" and issue the policy contemplated by the title insurance commitment) 3.0114 A W-9 Fonm, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service.' 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: ' , 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the stale of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, $nd the Title Company is irrevocably committed to pay the Purchase f'rice to Seller and to issue the Owner's title policy to Purchaser in accor~ance with the commitment immediately after the recording of the deed. . 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall 'be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing ail documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form 8 Title' Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shail also be paid by Pwrchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's' tax with due allowance made for maximum ailowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a Dale which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUiREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at sucN other time as specified within this Article, Purchaser and/or Seller, as the case'may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser'shall obtain as evidence of title an AL TA Commitment for an Owner's Title I$urance Policy (ALTA Form 8-1970) covering the Property, together with halO copies of all exceptions shown thereon. Purchaser shall have thirty (30) tlays, following receipt of the title insurance commitment, to notify Seller in' writing of any objection to title other than liens evidencing monetary oblidations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable con~ngencies or to terminate this Agreement. 2 CONSERVATION COLLIER TAX I.D. NUMBER 00775480007 Agenda Item No. 16E6 May 22, 2007 Page 8 of 15 4.012 If Purchaser shall fail to advise the Seller in writing' of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligatlbns 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 ~nable 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 P~rchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as show~ in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Prop~rty 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 b,sed upon any change to the total acreage referenced in Exhibit "A," unless thll difference in acreage revealed by survey exceeds 5% of the overall acreage: If the survey provided by Seller or obtained by Purchaser, as certified b1 a registered Florida surveyor, shows: (a) an encroachment onto the property, or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall Mve ninety (90) days from the effective date of this Agreement to notify SellElr of any such objections. Should Seller elect not to or be unable tel remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, nlay accept the Property as it then is, waiving any objection to the enci!oachment, 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 actess. V. INSPECTION PERIOD 5.01 Purchaser shail have one hundred and twenty (120) days frdm the date of this Agreement, ("Inspection Period"), to determine throug~ appropriate investigation that: ' 1. Soil tests and engineering studies indicate that the Property can IDe developed without any abnormal demucking, soil stabilization or foundational 2. There are no abnormal drainage or environmental require~ents to the development of the Property. i I 3. The Property is in compliance with all applicable State' find Federal environmental laws and the Property is free from anY) pollution or contamination. . 4. The Property can be utilized for its Intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with; the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable , 3 CONSERVATION COLLIER TAX I.D. NUMBER 00775480007 Agenda Item No. 16E6 May 22, 2007 Page 9 of 15 contingencies or to terminate this Agreement. If Purchaser fails to ri>tify the Seller in writing of Its specific objections as provided herein within the Insliection Period, it shall be deemed that the Purchaser is satisfied with the ,results of its investigations and the contingencies of this Article V shall be deenled waived. In the event Purchaser elects to terminate this Agreement because pf the right of Inspection, Purchaser shall deliver to Seller copies of all engineerl~g reports and environmental and soil testing results commissioned by Purchaser ~ith respect to the Property. ! 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessaryi Investigation. Purchaser shall, in performing such tests, use due care and shall intlemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall !be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. . VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agehts, shail have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at,Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the hoperty, shall be prorated at Closing based upon the gross amount of 2006 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 It Seller shall have failed to perform any of the covenants andlor agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, iterminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuani to any of the provisions authorizing such termination, and Purchaser fails to ciose the transaction contemplated hereby or otherwise fails to perform ani of the terms, covenanfs and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement bj< giving written notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase price shall be paid to Seller as liquidated damages which shail be Seiler's sole and exclusive remedy, and neither party shail have any furt~er liability or obiigation to the other except as set forth in paragraph 12.01j (Real Estate Brokers), hereof. The parties acknowledge and agree that Beller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said" sum was not intended to be a penalty in nature. 4 CONSERVATION COLLIER TAX I.D. NUMBER 00775480007 Agenda Item No. 16E6 May 22, 2007 Page 10 of 15 9.03 The parties acknowledge that the remedies described her~in and in the other provisions of this Agreement provide mutually satisfactory 'and sufficient remedies to each of the parties, and take into account the pecllliar risks and expenses of each of the parties. ' , I X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to petform all tasks required of each hereunder. Seller is not presently the subjec~ of a pending, threatened or contemplated bankruptcy proceeding. : 10.012 Seller has fuil right, power, and authority to own anti operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection helewith, 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 content:>lated hereby. At Closing, certified copies of such approvais shall be delivere~ to Purchaser andlor Seller, if necessary. 10.013 The warranties set forth In this paragraph shall be true 'on the date of this Agreement and as of the date of Closing. Purchaser's akeptance of a deed to the said Property shall not be deemed to be full petformance and discharge of every agreement and obligation on the part of t~e Seller to be performed pursuant to the provisions of this Agreement. I ! 10.014 Seller represents that it has no knowledge of any action., suits, claims, proceedings, litigation or investigations pending or threatened !against Seller, at law, equity or in arbitration before or by any federal, state, mUnicipal or other governmental instrumentality that relate to this agreement' or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement, ! 10.015 No party or person other than Purchaser has any ri\t1t or option to acquire the Property or any portion thereof. . 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any; portion of the Property or any rights therein, nor enter Into any agreements granting any person or entity any rights with respect to the Property or a~y part thereof, without first obtaining the written consent of Purchaser to suqh conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. . 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a publiC sanitary sewer system; Seller represents that they have (it has) no kno~ledge that any pollutants are or have been discharged from the Property, direCtly or indirectly Into any body of water. Seller represents the Property has nol been used for the production, handling, storage, transportation, manufactur~ or disposal of hazardous or toxic substances or wastes, as such terms ;are defined in applicable laws and regulations, or any other activity that wOuld have toxic results, and no such hazardous or toxic substances are cUrrently used in connection with the operation of the Property, and there is nQ proceeding or inquiry by any authority with respect thereto. Seller represent$ that they have (it has) no knowiedge that there is ground water contamination!on the Property or potential of ground water contamination from neighboring prOperties. Seller I 5 CONSERVATION COLLIER TAX I.D. NUMBER 00775480007 Agenda Item No. 16E6 May 22, 2007 Page 11 of 15 represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Sell,r's ownership thereof. Seller represents none of the Property has been use" as a sanitary landfill. 10.018 Seller has no knowledge that the Property and SellJr's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any I~w, 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 tegulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or !rights of way (other than existing zoning regulations) that restrict or affect1he use of the Property, and there are no maintenance, construction: advertising, management, leasing, employment, service or other contract~ affecting the Property. ' 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for publici 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 eXP!lnse upon or related to the Property which has not been disclosed to Purch~ser in writing prior to the effective date of this Agreement. ' 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated abov~ 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 o~ affecting the Properly and not to do any act or omit to perform any act which would change the zoning or physicai condition of the Property or the :governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained In the foregOing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third I'l8rties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. i , 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregOing representations as of the Date of Closing, which prbvisions shall survive the Closing. . 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directlY, or indirectly, pursuant to or in connection with the application of any federal, ~tate, 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 uPllraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARli"), including 6 CONSERVATION COLLIER TAX I.D. NUMBER 00775480007 Agenda Item No. 16 6 May 22, 2 7 Page 12 of 15 any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and ara not deemed satisfied by conveyance of tille. 10.024 Any loss and/or damage to the Property between tht date of this Agreement and the date of Closing shall be Seller's sole risk an<~ expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified maill return receipt requested, postage prepaid, addressed as follows: . If to Purchaser: With a copy to: If to Seller: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Management Department 3301 Tamiaml Trail East Naples, Florida 34112 Cindy M. Erb, Senior Property Acquisition Speb;alist Collier County Real Estate Services : Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 James L. Price, Jr. c/o Mary C. Price, Attorney-In-Fact 7830 Masonboro Sound Road Wilmington, North Carolina 28409 Telephone number: 910-799-2411 Fax number: 910-793-9793 i 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to ~he other party in the manner provided herein. For the purpose of changing suc~ addresses or addressees only, unless and until such written notice is rec~ived, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS ! 12.01 Any and all brokerage commissions or fees shall be the soe responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any bro~er or any other person or party claiming to have been engaged by Seller as a real estate broker, saiesman or representative, in connection with this Agreement. Seller agrees to pay any and"' all commissions or fees at closing pursuant to 1I1e terms of a separate agreement, if any. ' XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 7 CONSERVATION COLLIER TAX I.D. NUMBER 00775480007 Agenda Item No. 16E6 May 22, 2007 Page 13 of 15 , 1 13.02 This Agreement and the terms and provisions hereof shall be ~ffective as of the date this Agreement is executed by both parties and shall inure< to the benefit of and be binding upon the parties hereto and their respective heIrs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. i 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by I?urchaser and Seller. Any amendment to this Agreement shall be binding upon I?urchaser and Seller as soon as it has been executed by both parties. , 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, descrlJe, extend or limit the scope or intent of this Agreement or any provisions hereof. i 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender'or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shail be applicable only to the specl~c instance to which it Is related and shall not be deemed to be a continuing or fufure waiver as to such provision or a waiver as to any other provision. 13.07 If any date specilied in this Agreement falls on a Saturday, S~nday or legal holiday, then the date to which such reference Is made shall be elllended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchasl> represented by this Agreement is subject to acceptance and approval by the Bobrd of County Commissioners of Collier County, Fiorida. ! 13.09 If the Seller holds the Property in the form of a partnElrship, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to, Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered wit~ the Federal Securities Exchange Commission or registered pursuant to Chaptet 517, Florida Statutes, whose stock is for sale to the general public, it is hereby, exempt from the proviSions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance wRh the laws of the State of Florida. . XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or ""endment of this Agreement shall be of any force or effect unless made in writing lmd executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. 8 CONSERVATION COLLIER TAX I.D. NUMBER 00775480007 Agenda Item No. 16E6 May 22, 2007 Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project'Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlltA , Deputy Cierk BY: JAMES COLETTA, Chairman AS TO SELLER: DATED: 4-la--01 WITNESSES: i=h 'f)OJY'" Berr~ (Printed Name) ?'Vl ~ (Sign~ /YIfr(L~ L;e.J (Printed ame) Approved as to form and legal sufficiency: ~o~~ ~ Jenn' r A. Belpe . Assistant County Arney - 9 EXHIBIT" A" PROPERTY TAX IDENTIFICATION NUMBER: 00775480007 ; , LEGAL DESCRIPTION: WEST HALF (W1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION' 30, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COU~TY, FLORIDA Agenda Item No. 16E6 May 22, 2007 Page 15 of 15 Agenda Item No. 16E7 May 22, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Thomas J. Connolly, Successor Trustee under the Edward L. Connolly, Jr. Revocable Trust Agreement, dated June 16, 1993 for 70.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $480,200. OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Thomas J. Connolly, Successor Trustee under the Edward L. Connolly, Jr. Revocable Trust Agreement, dated June 16,1993 (Seller). CONSIDERATIONS: On January 23, 2007, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Seller's property contains a total of 70.00 acres and is located in Section 30, Township 51 South, Range 27 East. This parcel is within the Mcllvane Marsh area. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $472,500 was based upon the average of two independent, state- certified general real estate appraisers. one giving value at $455,000 and the other at $490,000. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Seller, the County will pay the Seller $2,362.50 in liquidated damages. The CCLAAC approved this transaction on May 14, 2007, and voted to recommend Board approval and execution of the attached Agreement. ,"-. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total cost of acquisition will not exceed $480.200 ($472,500 for the property, $4,700 for the appraisals, and approximately $3,000 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of May 14, 2007, property costs for Conservation Coilier properties, including this property and those under contract, total $56,625,533. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legai framework for properly acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002-63. RECOMMENDATIONS: Staff is recommending that the Board of County Commissioners: 1) Approves the attached Agreement and accepts the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2) Authorizes the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this transaction; and 3) Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payment; and 4) Directs the County Manager or his designee to proceed to acquire this parcel, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to this parcel, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5) Approves any necessary budget amendments. ,- PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist. Real Estate Services, Department of Facilities Management Agenda Item No. 16E7 May 22, 2007 Page 2 of 15 Conservation Collier Land Acquisition Program Project Design Report Date: May 1, 2007 Mcllvane Marsh {Rookery Bay Partnership Project I ~illin~elle'::h " ,I Dna ds RB ERR C lEer S inole St te park RBNERR C 70 I~#"~" "'-' -- ~ ~; "J. ,.,,,,,' G , . L ' "' ,00 / / /// , / RBNERR 6/ ~- 10,000 Islands NWR .~ [,,",,~ ..,~''" ,,,,,,,.,_, "'..ou"', ,,,,,,,,.,,,,,,,,,,,,, ',....'''WE''''''''''''''''''''''..''''1(.5 [,(."""''''o"C"",,,,,,,,''~'C,d.HJ~_M'U'''!'''''"'"'l''''","Ol>g <'7l~~ o I D.::'5 0.5 , 1 Miles .... .._.1 /,r ,:,,/[;rrC"'lllty Property Owner(s): Thomas J. Connolly, Trustee, Dargai Trust Folio(s): 00775400003 Location: Mcllvane Marsh - Section 30, Township 51, Range 27 Size: 70 acres Appraisal/Offer Amount: $472,500 History of Proiect: Received Selected for the Approved for Purchase offer Offer Accepted application Active Acquisition purchase by made to owners List by CCLAAC BCC August II, 2006 December t 1, 2006 January 23, 2007 March 22, 2007 April t 0,2007 Purpose of Proiect: Conservation Collier Agenda Item No. 16E7 May 22, 2007 Page 3 of 15 Proqram Qualifications: This site is part of a project area, in which a number of similar parcels were evaluated as a group. The group met 5 out of 6 initial screening criteria, including presence of native habitat, having human resource values, biodiversity and connectivity. The one criteria not met was being within another agency boundary, however, the State of Florida Division of State Lands is interested in pursuing a boundary adjustment in order to partner with Collier County for post acquisition partner funding and management of the parceis as discussed in the Projected Management Activities section. Mcllvane Marsh is an 800-acre project area located south of U.S. 41 and just to the west of Coliier Seminole State Park, in Sections 29 and 30, Township 51, Range 27. The project area is divided into 19 parcels of which Conservation Collier has willing sellers for 7 parcels totaling 280 acres (see above map - hatched properties). The ConnollylDargai parcel is 70 acres on the southwest side of the marsh project area. Two owners (one owns 2 acres at the north edge of the marsh and one owns two parcels totaling 51.02 acres on the west side and in the center) have declined Conservation Collier's offers. Rookery Bay National Estuarine Research Reserve (RBNERR) either already owns or is in the process of receiving 2 parcels totaling 330 acres that have been donated for mitigation purposes and Collier County owns one 20-acre mitigation parcel. There are 170 acres remaining to acquire from 8 owners. One of these owners, of 80 acres along the north side of the marsh has indicated the County's offer maybe too low for him to accept. Conservation Collier has sent letters to the remaining 7 owners in the past asking if they are willing to sell and they did not respond. The Program pians to send follow up letters during the current cycle with Board approval. Mcllvane Marsh contains at least 4 different types of native plant communities identified by the Florida Department of Transportation's Florida Land Use Cover and Forms (FLUCCS) (1994/1995) classification system, including saltwater marsh, mangroves, pine f1atwoods and inland ponds/sloughs. These native plant communities appear to be in relatively good shape, with exotics primarily along the northern edge where there is a dirt road; however, much of the property was viewed from one video taken of the western side of the marsh and from the air, due to accessibility problems. For inaccessible areas, staff relied upon reports from RBNERR staff, who have visited most areas within the marsh. Conservation Collier does not own lands in this geographic area, so acquisition of these parcels would expand the geographic distribution of Conservation Collier Preserves. There is potential to provide appropriate access for nature-based recreation through State-owned Rookery Bay lands. Although much of the marsh is inaccessible by vehicle or foot, there is potential for canoe or kayak access, fishing and wildlife viewing via Curcie Road, a paved public right-of- way. Acquisition of parcels within this project area will provide opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species and flood control. Coastal wetlands within the project area provide habitat for many wetland dependent species, particularly bird and fish species. There is a known rookery within the Mcllvane Marsh and many bird species have been observed there. Acquisition and protection of the marsh will provide protection both for developed properties to the north from storm surge and water quality protection to adjoining marine and estuarine communities, as the plants, animals and soils in coastal marshes absorb, filter and neutralize many pollutants draining from the land. The area also provides moderate to substantial recharge for the surficial aquifer. Acquisition of the Mcllvane Marsh would provide opportunities to protect significant biological values by protection listed species habitat, providing connectivity to other conservation lands and offering restoration potential and ecological quality. The marsh appears to have good ecological quality, as observed by staff during area f1yovers and as reported by RBNERR staff. The marsh contains habitat for many listed species, including American alligator (State -SSC., Agenda Item No. 16E7 May 22. 2007 Page 4 of 15 Federal - T**) American crocodile (State - E***, Federal - E), Florida ribbon snake (Federal - T), and numerous species of birds listed by both the State and Federal governments. While it is not known whether the site contains listed plant species, it is likely to contain listed (but locally common) bromeliad species. The project area is directly connected to public conservation and park lands, including the Collier Seminole State Park, Ten Thousand Islands National Wildlife Refuge, Deltona Settlement Lands and, through them, to RBNERR. Proiected ManaQement Activities: Staff is currently working with the Florida Division of State Lands on a post-acquisition partnering proposal that would share costs of acquisition and transfer title to the State for Inclusion in the RBNERR. Rookery Bay staff advises that canoe and kayak access is possible from Curcie Road. Partnership with the State would make the entire project less expensive for Collier County, remove long term management costs and obligations for the County on inaccessible areas and would still result in placing the marsh in permanent conservation status, thus achieving all the goals of the Conservation Collier Program. As previously mentioned, RBNERR already owns a significant portion of the marsh. Lands owned and managed by RBNERR would be accessible to the public under the Rookery Bay lands management plan. * SSC - Species of Special Concem ** T - Threatened *** E - Endangered CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775400003 ~.... ~,.l(aP-nrla Item No 1, E7 Jennifer A. I!~.,,,,,. ,cr E'I~'!lrt'ay ry2' 0 07 Office of"~ C,,,,rrv o\\~r~@y'p ~ 5' ~ 15 3301 as' T' ~,d'. [fall age 0 Nepl.'. F,c.,. s~11~ (2'"' 77".d~1l1l AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered Into by and between: THOMAS J. CONNOLLY, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE ~NDER THE EDWARD L. CONNOLLY JR. REVOCABLE TRUST AGREEMENT, DATED JUNE 16, 1993, whose address is 1247 22" Avenue North, Naples, Florida' 34103-4841, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 iTamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularfy described in Exhibij "A", attached hereto and made a part hereof by reference. ! WHEREAS, Purchaser is desirous of purchasing the Property, subject to.the conditions and other agreements hereinafter set forth, and Seller is agreeable to sl.Ch sale and to such conditions and agreements. ! NOW, THEREFORE, and for and in consideration of the premises and .he respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser $hall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property ;shall be Four Hundred Seventy Two Thousand Five Hundred Dollars ($472.500.00) (U.S. Currency) payable at time of closing. III. CLOSING , 3.01 The Closing (THE "CLOSING DATE", "DATE OF CtoSING", OR "CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the PurChaser, unless extended by mutual written agreement of the parties hereto. The Olosing shall be held at the Collier County Attorney's Office, Administration Building,'3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by 'the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or quaiifications. Marketable title shall be determined according to applicable title standards adopted by the Fiorida Bar and in atcordance with law. At the Closing, the Seller shall cause to be delivered to'the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: i 3.0111 Warranty Deed in favor of Purchaser conveyij,g title to the Property, free and clear of all liens and encumbrances ot~r than: (a) The lien for current taxes and assessments. 1 . CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775400003 Agenda Item NO.1 E7 May 22, 2 107 Page 6 0 15 (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreig~ Affidavit," as required by Section 1445 of the Internal Revenue Code ar,d as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment, 3.0114 A W-g Form, "Request for Taxpayer Iderttification and Certification" as required by the Internal Revenue Service.: 3.012 At the Closing, the Purchaser, or its assignee, shall cause to ~e delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Pr~erty has not changed adversely since the date of the last endorSement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase price to Seller and to issue the Owner's title policy to Purchaser in accorhance with the commitment immediately after the recording of the deed. , 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall ibe subject to adjustment for prorations as hereinafter set forth. . 3.02 Each party shall be responsible for payment of its own attorneyls fees. Seller. at Its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Fiorida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form 6 Title' Policy, issued pursuant to the Commitment provided for in Section 4.011 below, spail be paid by Purchaser. The cost of the title commitment shall also be paid by POrchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's I tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case, may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser,shall obtain as evidence of title an AL TA Commitment for an Owner's Title I,*,urance Policy (ALTA Form 6-1970) covering the Property, together with ha/{J copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in1writing of any objection to title other than liens evidencing monetary obligations. if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketabie, Purchaser shall deliver to the 2 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER; 00775400003 Agenda Item NO.1 E7 May 22, 2 07 Page 7 0 15 Seller written notice of its intention to waive the applicable contiilgencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing: of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaset's objection to title, Seller shall have thirty (30) days to remedy any defects in oj'der to convey good and marketable title, except for liens or monetary obligatbns 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 .nable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or PUrchaser may terminate the Agreement. A failure by Purchaser to give such ,^"itten notice of termination within the time period proVided herein shall be deerrjed an election by Purchaser to accept the exceptions to title as show" in the title commitment. ' 4.013 Seller agrees to furnish any existing surveys of the Proptrty 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 py 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 tl'ie difference in acreage revealed by survey exceeds 5% of the overall acreagEi If the survey provided by Seller or obtained by Purchaser, as certified b~ a registered Florida surveyor, shows: (a) an encroachment onto the propertj; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal acc~ss, and Seller shall have the option of curing said encroachment or projectici1, or obtaining legal access to the Property from a public roadway, within sixjy (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the propflrty within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate tle Agreement. A failure by Purchaser to give such written notice of termination!within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment. or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days frbm the date of this Agreement, ("Inspection Period"), to detenmine throu~ appropriate investigation that: . 1. Soil tests and engineering studies indicate that the Property ca" be developed without any abnormal demucking, soil stabilization or foundation~. 2. There are no abnormal drainage or environmental requirements to the development of the Property. i 3. The Property is in compliance with all applicable State! and Federal environmental laws and the Property is free from any pollution or contamination. . 4. The Property can be utilized for its intended use and ~urpose in the Conservation Collier program. 3 ~1 ~ CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775400003 Agenda Item No. 1 E7 May 22, 2 07 Page 8 0 15 5.02 If Purchaser is not satisfied, for any reason whatsoever, with'the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to nbtify the Seller In writing of ~s specific objections as provided herein within the Ins~ction Period, it shall be deemed that the Purchaser is satisfied with the ~esults of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because bf the right of inspection, Purchaser shall deliver to Seller copies of all engineeri~g reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose ofisurveying and conducting site analyses, soil borings and all other necessaryJ investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and agalnst any claim made against Seller as a result of Purchaser's entry. Seller shall'be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. i VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. . VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2006 taxeS, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants andlor agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option,' terminate this Agreement by giving written notice of termination to Seller. Purchllser shall have the right to seek and enforce all rights and remedies availabie at jaw or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuarit to any of the provisions authorizing such tenmination, and Purchaser fails' to close the transaction contemplated hereby or otherwise fails to perform an~ of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller't sole remedy, Seller shall have the right to tenminate and cancel this Agreement QY giving written notice thereof to Purchaser, whereupon one-half percent (1/2%) elf the purchase price shall be paid to Seller as liquidated damages which shall ~e Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that 'Seller's actual damages in the event of Purchaser's default are uncertain in amoi.Jnt and difficult to ascertain, and that said amount of liquidated damages ~as reasonably i 4 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775400003 Agenda Item NO.1" E7 May 22, 2 07 Page 9 0 15 determined by mutual agreement between the parties, and said 'sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. ' X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND W~RRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10,011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to pefform all tasks required of each hereunder. Seller is not presently the subjectiof a pending, threatened or contemplated bankruptcy proceeding. ' , 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obiigatiol1s under this Agreement and the instruments executed in connection he$with, 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. 10.013 The warranties set forth in this paragraph shall be true pn the date of this Agreement and as of the date of Closing. Purchaser's acX:eptance of a deed to the said Property shall not be deemed to be full pelformance and discharge of every agreement and obligation on the part of t~ Seller to be performed pursuant to the provisions of this Agreement. . 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened ~gainst Seller, at law, equity or in arbitration before or by any federal, state, mu~icipal or other governmental instrumentality that relate to this agreement 'or any other property that could, if continued, adversely affect Seller's abdity to sell the Property to Purchaser according to the terms of this Agreement.: 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreemimt remains in force and effect, Seller shall not encumber or convey any bortion of the Property or any rights therein, nor enter into any agreement. granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, s$ptic tanks or cesspools on the Property; all waste, if any, is discharged into ajpubJic sanitary sewer system; Seller represents that they have (it has) no kno~ledge that any pollutants are or have been discharged from the Property, diredtly or indirectly into any body of water. Seller represents the Property has not:been used for the production, handling, storage, transportation, manufacture'or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations. or any other activity that woold have toxic results, and no such hazardous or toxic substances are cU$-ently used in connection with the operation of the Property, and there is no' proceeding or 5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775400003 Agenda Item No.1 E7 May 22, 2 07 Page 100 15 1 inquiry by any authority with respect thereto. Seller represents flat they have (it has) no knowledge that there is ground water contamination oh the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substanc~s are or were located on the Property at any time during or prior to SellEjr's ownership thereof. Seller represents none of the Property has been usecl as a sanitary landfill. . 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Fe~eral, 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 conn~tion with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. ' 10.019 There are no unrecorded restrictions, easements or Irights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, constructioni advertising, management, leasing, employment, service or other contract~ affecting the Property. 10.020 Seller has no knowledge that there are any suits, action~ or arbitration, bond issuances or proposals therefor, proposals for publici improvement assessments, pay-back agreements, paving agreements, road! expansion or improvement agreements, utility moratoriums, use moratoriums; improvement moratoriums, administrative or other proceedings or ; governmental invesfigations or requirements, fonmal or informal, existing or pending or threetened which affects the Property or which adverseiy 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. i 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical rondition of the Property to change from its existing state on the effectiv'1 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 0; affecting the Property and not to do any act or omit to perform any act which!would change the zoning or physical condition of the Property or the i governmental ordinances or laws governing same. Seller also agrees to ncltify Purchaser promptly of any change in the facts contained in the foregoing r!lpresentations and of any notice or proposed change in the zoning, or any qther action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development bf the property which may restrict or change any other condition of the Propertyl I 10.022 At the Closing, Seller shall deliver to Purchaser: a statement (hereinafter called the "Closing Representative Statement") r!lasserting the foregoing representations as of the Date of Closing, which ptovisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including ~ttorney's fees) asserted against, imposed on or incurred by Purchaser, directty or indirectly, pursuant to or in connection with the application of any federalj state, local or common law relating to pollution or protection of the environmllnt which shall be in accordance with, but not limited to, the Comprehensive Environmental 6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775400003 Agenda Item No.1 E7 May 22. 2 07 Page 110 15 Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This .provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between tht date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other commuhication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified maili return receipt requested, postage prepaid, addressed as follows: . If to Purchaser: With a copy to: If to Seller: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Prograrrf Collier County Environmental Services Department 2800 North Horseshoe Dr. . Naples, Florida 34104 Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 Thomas J. Connolly, Trustee 124722'" Avenue North Naples, Florida 34103-4841 Telephone number: 239-261-0722 Fax number: 11.02 The addressees and numbers for the purpose of this !lj1icle 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 suet'(. addresses or addressees only, unless and until such written notice is recclved, the last addressee and respective address stated herein shall be deemed Ito continue in effect for all purposes. : XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sol$ responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser hanmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real'estate broker, salesman or representative, in connection with this Agreement. S~lIer agrees to pay any and all commissions or fees at closing pursuant to tHe terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. . 7 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775400003 Agenda Item NO.1 E7 May 22, 2 07 Page12015 13.02 This Agreement and the terms and provisions hereof shall beleffective as of the date this Agreement is executed by both parties and shall inurel to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. ' 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. i 13.04 Captions and section headings contained in this AgreElment are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. ' 13.05 All terms and words used in this Agreement, regardiess of thF number and gender in which used, shall be deemed to include any other gende~ or number as the context or the use thereof may require. , 13.06 No waiver of any provision ofthis Agreement shall be effectiv. uniess it is in writing signed by the party against whom it is asserted, and any:waiver of any provision of this Agreement shall be applicable only to the speCific instance to which it is related and shall not be deemed to be a continuing or fliure waiver as to such provision or a waiver as to any other provision. i 13.07 If any date specified in this Agreement falls on a Saturday, S1Jnday or legal holiday, then the date to which such reference is made shall be eftended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchaSe represented by this Agreement is subject to acceptance and approval by the BOard of County Commissioners of Collier County, Florida. i I 13.09 If the Seller holds the Property in the form of a partnhship, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Fiorida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in sudh capacity is conveyed to Collier County. (If the corporation is registered witl1 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 13.10 This Agreement is governed and construed in accordance With the laws of the State of Fiorida. . XIV. ENTIRE AGREEMENT , I 14.01 This Agreement and the exhibits attached hereto cont$in the entire agreement between the parties, and no promise, representatio~, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the esSence of this Agreement. B CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775400003 Agenda Item NO.1 E7 May 22, 2 07 Page 130 15 Dated ProjecUAcquisition Approved by BCC: IN WITNESS WHEREOF, the parties hereto have signed below. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO SELLER: DATED: 4/23,/07 WITNESSES: L:41~ M-rY,k (Signatu c..~~~ m r gJ') (Printed ame) ~'n;:,q\-" \~~~ (Signature) , b If\ I /A;. \/\ ~,or-r (Printed Name) Approved as to form and legal sufficiency: ney , BOARD OF COUNTY COMfYllSSIONERS COLLIER COUNTY, FLORII)A BY: JAMES COLETTA, Chairman BY:~~ ~ ~~ Thomas J. Con olly,lndlvidu Iy, and as Successor Trustee of the Edward L. Connolly, Jr. Revocable Trust Agreement, dated June 16, 1 993 9 Agenda Item NO.1, E7 May 22, 207 Page14015 EXHIBIT "A" PROPERTY TAX IDENTIFICATION NUMBER: 00775400003 LEGAL DESCRIPTION: THE SOUTH HALF (S Yz) OF THE SOUTHWEST QUARTER (SW Yo) OF SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27 EAST, OF COLLIER COUNTY FLORIDA; LESS THE WEST HALF 0N Yz) OF THE WEST HALF 0N Yz) OF THE SOUTHWEST QUARTER (SW Yo) Of THE SOUTHWEST QUARTER (SW Yo) OF SAID SECTION 30, AS DESCRIBED IN OFFICIAL RECORDS BOOK 469 AT PAGE 751 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ' 70 acres more or less. Item Number: ltemSummary: Meeting Dale: Page 1 of 1 Agenda Item r~o 16E7 M::lY 22. 2GCJ7 P;1~e 15 of 15 COLLIER COUNTY BOARD QF COUNTY COMMISSIONERS 15Ei Recommendation to approve an Agreement for Sille and Purchase WllIl Thomas.l Connolly Sllcccs~or Trllstee umier Ihe Edward L. ConnQlly, Jr. Revocable Trust Agreement daled June 16, 1993 for ~O 00 acres under the ConservatIOn COilier Land Acquisition Program, al a cost no ttc-exc eed:;4PO 200 51221200; 9.0000 ,M Date Prl'parl'd By Cindy MErb Administrative Services Sel1iQrPropmtyAcqu,sltion$llecialist FJcilltie5Manngement 51112Q073:34:36PM Date Approved By AlexJndra J Sulecki Adln,nlstrativ" Services Senior EnvironmBntai Specialist Facililies!..:'mJ(1cmcnt 5i3!2007 11:44 AM Date AI1llroved By Skip Camp. C.F,M. Administr~tlve Services Facililie5 Management Director Facihtle&Manngement 514:20073:59PM Date A.ppro"ed By Jennifer A, 8dlledio CountyAltorney Assislant County Attorney County Altorney Office 517120071122AM Date Approved By Mary Beck Admin'strJlivcServices ExeculiveSccretnry Adminostriltive Services Admin. 5171200711:36AM Dnte Approved By len Golden Price A(lministr~t;v"SerJices Administrative Services Administrator Administrative Services Admil1. 518/20072:03 PM Dale Approved By OMBCoo,dinator County ~:.~n~ger's Orrico,> AdminlstrotlveA$",ist.mt Office of Mnnagcment & Budget 5/9/20073:25PM Date Approved By LJurJ.DJv;"son County r\1Jn~ger"5 Office Managem"nt & Budget Analyst Oftice 0' Management & Budget 511412007848 AM Dale Approved By r"j,ehac'ISmy,.,(w:ski CClunlj' M,ln~g""s Office M~nagl'ment & 8udpct Director Office of Monauermmt 8, Budget 5/14!200710:53AM Date Approved By James\'. Mudd Board of County C.mnm,~s,oners COllnt,' ManJger CDunty M~nager's Office 51141200711:16AM file:! IC:\AgendaTest\ExDort\83-Mav~02022. %202007\ ] 6. %20CONSENfO/o20AGENDA \ ] 6.. 5/1612007 Agenda Item No. 16E8 May 22, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Ralph A. Calo and Barbara Calo for 40.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $276,700, OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Ralph A. Calo and Barbara Calo (Sellers). CONSIDERATIONS: On January 23, 2007, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Sellers' property contains a total of 40.00 acres and is located in Section 29, Township 51 South, Range 27 East. This parcel is within the Mcllvane Marsh area. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $270,000 was based upon the average of two independent, state-certified general real estate appraisers, one giving value at $260,000 and the other at $280.000. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Sellers, the County will pay the Sellers $1,350 in liquidated damages. The CCLAAC approved this transaction on May 14, 2007, and voted to recommend Board approval and execution of the attached Agreement. ,~. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total cost of acquisition will not exceed $276.700 ($270,000 for the property, $4,700 for the appraisals, and approximately $2,000 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of May 14, 2007, property costs for Conservation Collier properties, including this property and those under contract, total $56,625,533. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002-63. RECOMMENDATIONS: Staff is recommending that the Board of County Commissioners: 1) Approves the attached Agreement and accepts the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2) Authorizes the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this transaction; and 3) Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payment; and 4) Directs the County Manager or his designee to proceed to acquire this parcel, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to this parcel, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5) /"'"" Approves any necessary budget amendments. PREPARED BY: Cindy Erb. Senior Property Acquisition Specialist, Real Estate Services, Department of Facilities Management Agenda Item No. 16E8 May 22, 2007 Page 2 of 15 Conservation Collier Land Acquisition Program Project Design Report Date: May 1, 2007 Mcllvane Marsh I Rookery Bay Partnership Project I Willing Sellers I Calc 'I\4!1ingsSellers -l Conservation Lands elto a ands oilier Seminole State park RBNERR NER RBNERR 'D/~ / / /> / ~/ / 10,000 Islands NWR , I I ~:~~=2:tf:~;::~E=~~: :~:"::':."J''''' ~'j" "'-'600:17 -- 025 05 , 1 Miles ../ J I I yr- _~-Qi,j'rC"''''ty -~,_-~--'_._---,-'-'--'._'- Property Owner(s): Ralph A. and Barbara Calo Folio(s): 00775000005 Location: Mcllvane Marsh - Section 29, Township 51, Range 27 Size: 40 acres Appraisal/Offer Amount: $270,000 History of Proiect: Received Selected for the Approved for Purchase offer Offer Accepted application Active Acquisition purchase by BCC made to owners List by CCLAAC February 10, 2006 December t t, 2006 January 23, 2007 March 22, 2007 April 9, 2007 Purpose of Proiect: Conservation Collier Agenda Item No. 16E8 May 22, 2007 Page 3 of 15 ProQram Qualifications: This site is part of a project area, in which a number of similar parcels were evaluated as a group. The group met 5 out of 6 initial screening criteria, including presence of native habitat, having human resource values, biodiversity and connectivity. The one criterion not met was being within another agency boundary, however, the State of Florida Division of State Lands is interested in pursuing a boundary adjustment in order to partner with Collier County for post acquisition partner funding and management of the parcels as discussed in the Projected Management Activities section. Mcllvane Marsh is an 800-acre project area located south of U.S. 41 and just to the west of Collier Seminole State Park, in Sections 29 and 30, Township 51, Range 27. The project area is divided into 19 parcels of which Conservation Collier has willing sellers for 7 parcels totaling 280 acres (see above map - hatched properties). The Calo parcel is a 40-acre parcel in the center of the marsh project area. Two owners (one owns 2 acres at the north edge of the marsh and one owns two parcels totaling 51.02 acres on the west side and in the center) have declined Conservation Collier's offers. Rookery Bay National Estuarine Research Reserve (RBNERR) either already owns or is in the process of receiving 2 parcels totaling 330 acres that have been donated for mitigation purposes and Collier County owns one 20-acre mitigation parcel. There are 170 acres remaining to acquire from 8 owners. One of these owners, of 80 acres along the north side of the marsh has indicated the County's offer maybe too low for him to accept. Conservation Collier has sent letters to the remaining 7 owners in the past asking if they are willing to sell and they did not respond. The Program plans to send follow up letters during the current cycle with Board approval. Mcllvane Marsh contains at least 4 different types of native plant communities identified by the Florida Department of Transportation's Florida Land Use Cover and Forms (FLUCCS) (1994/1995) classification system, including saltwater marsh, mangroves, pine f1atwoods and inland ponds/sloughs. These native plant communities appear to be in relatively good shape, with exotics primarily along the northern edge where there is a dirt road; however, much of the property was viewed from one video taken of the western side of the marsh and from the air, due to accessibility problems. For inaccessible areas, staff relied upon reports from RBNERR staff, who have visited most areas within the marsh. Conservation Collier does not own lands in this geographic area, so acquisition of these parcels would expand the geographic distribution of Conservation Collier Preserves. There is potential to provide appropriate access for nature-based recreation. Although much of the marsh is inaccessible by vehicle or foot, there is potential for a small dock or ramp constructed on the easternmost parcel to provide canoe or kayak access and to provide access to a lake area for fishing and wildlife viewing via Curcie Road, a paved public right-of-way. Acquisition of parcels within this project area will provide opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species and flood control. Coastal wetlands within the project area provide habitat for many wetland dependent species, particularly bird and fish species. There is a known rookery within the Mcllvane Marsh and many bird species have been observed there. Acquisition and protection of the marsh will provide protection both for developed properties to the north from storm surge and water quality protection to adjoining marine and estuarine communities, as the plants, animals and soils in coastal marshes absorb, filter and neutralize many pollutants draining from the land. The area also provides moderate to substantial recharge for the surficial aquifer. Acquisition of the Mcllvane Marsh would provide opportunities to protect significant biological values by protection listed species habitat, providing connectivity to other conservation lands and offering restoration potential and ecological quality. The marsh appears to have good ecological quality, as observed by staff during area flyovers and as reported by RBNERR staff. Agenda Item No. 16E8 May 22, 2007 Page 4 of 15 The marsh contains habitat for many listed species, including American alligator (State -SSC*, Federal - T**) American crocodile (State - E"', Federal - E), Florida ribbon snake (Federal - T), and numerous species of birds listed by both the State and Federal governments. While it is not known whether the site contains listed plant species, it is likely to contain listed (but locally common) bromeliad species. The project area is directly connected to public conservation and park lands, including the Collier Seminole State Park, Ten Thousand Islands National Wildlife Refuge, Deltona Settlement Lands and, through them, to RBNERR. Projected Manaaement Activities: Staff Is currently working with the Florida Division of State Lands on a post-acquisition partnering proposal that would share costs of acquisition and transfer title to the State for inclusion in the RBNERR. Rookery Bay staff advises that canoe and kayak access is possible from Curcie Road. Partnership with the State would make the entire project less expensive for Collier County, remove iong term management costs and obligations for the County on inaccessible areas and would still result in placing the marsh in permanent conservation status, thus achieving all the goals of the Conservation Collier Program. As previously mentioned, RBNERR already owns a significant portion of the marsh. Lands owned and managed by RBNERR would be accessible to the public under the Rookery Bay lands management plan. . SSC - Species of Special Concern .* T - Threatened .*. E - Endangered CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775000005 P,...,./l,Silnda Item No. 16E8 Jennifer A. Berpedio, Esqlllll~y 22, 2007 Office af the County Allarnijjege 5 of 15 3301 East Tamiaml Trail Naples, Florida 34112 (239) 774-8400 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between RALPH A. CALO AND BARBARA CALO. husband and wife, whose address is 3471 County Barn Road, Naples, Florida 34112 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real properly (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property. subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE. and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Two Hundred Seventy Thousand Dollars ($270,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, excepfions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed In favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. 1 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775000005 Agenda Item No. 16E8 May 22, 2007 Page 6 of 15 (b) Such other easements, resfrictions or conditions of record. 3,0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 ofthe Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gapl1 and issue the policy contemplated by the title insurance commitment. 3.0114 A W-g Form, "Request for Taxpayer Identification and Certification" as required by the internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) In an amount equal to the Purchase Price. No funds shall be disbursed to Selll!r until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall' be subject to adjustment for prorations as hereinafter set forth. 3,02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201 ,01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Titls Policy, issued pursuant to the Commitment provided for in Section 4,011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Ciosing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commltment 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. 2 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775000005 Agenda Item No. 16ES May 22, 2007 Page 7 of 15 4.012 if Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchas!lr's objection to tille. Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, excepf for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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 !lased 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 iocated on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projectiQn. or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment. projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period. may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement. ("Inspection Period"). to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the developmenf of the Property. 3. The Property is in compliance with all applicable Stat~ and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the 3 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775000005 Agenda Item No. 16E8 May 22, 2007 Page 8 of 15 Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, It shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to tenminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, In performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shaH be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2006 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by 9iving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Selle~s sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably detenmined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 4 CONSERVATION COLLIER TAX IDENTIFICATION NUM"BER: 00775000005 Agenda Item No. 16E8 May 22, 2007 Page 9 of 15 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually safisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right. power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits. claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentaiity that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller 5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775000005 Agenda Item No. 16E8 May 22, 2007 Page 10 of 15 represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the nee~ for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for publiC improvement assessments, pay-back agreements, paving agreements. road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental invesfigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affectt 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. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained 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. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including 6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775000005 I I Agenda Item No. 16E8 May 22, 2dl07 Page 11 of 15 any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shali survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Selier's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shali be in writing, sent by facsimile with automated confirmation of receipt. or by registered, or certified man. return receipt requested, postage prepaid, addressed as foliows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 With a copy to: Cindy M. Erb, Senior Property Acquisition Specialist Coliier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Teiephone number: 239-774-8991 Fax number: 239-774-8876 If to Selier: Ralph & Barbara Calo 3471 County Barn Road Naples, Florida 34112 Telephone number: 239-793-5214 :" Fax number: ~03-1S,,-7171 (C~LL S".6# IsT~ 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for ali purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Selier. Seller shali indemnify Purchase, and hold Purchaset harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Selier as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and ali commissions or fees at closing pursuant to the tenms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shali inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, 7 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775000005 Agenda Item NO.1 E8 May 22, 2 07 Page 120 15 personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or Intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which It is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership. corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the neme 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 IMth the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in fhis Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. B CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 00775000005 Agenda Item No. 16E8 May 22, 2007 Page 13 of 15 IN WITNESS WHEREOF, the parties hereto have signed below, Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, Chairman , Deputy Clerk AS TO SELLER: DATED: f-/Z-67 WITNESSES: ~~ 71:l ~ (Signature ~t?~ RALPH A. CALO c,;,.~ 0\. &. (Printed ame) r z-:;: r<,t; ~. _ f' <" ~-e.--1? (Signature) IQ:D"'~~v'~'::;::"r c€o~"'~ (Printed Name) (;,UVld<i -m -I: j; (Signa~ure4 i3~ flu- BARBARA CALO r.'..7'iif m F"d (Printed me) ~-c<-J ~~_ ./' (Signature) .;:JoO~~,/.pL r LEt>.-,./~~ (Printed Name) Approved as to form and legal sufficiency: ~ ~~ . . CL . >c~2:, Jen r A Beipe . S Assistant County Attorney 9 J Agenda Item NO.1 IE8 May 22, 2~07 Page 14 of 15 ! EXHIBIT "A" PROPERTY TAX IDENTIFICATION NUMBER: 00775000005 LEGAL DESCRIPTION: THE NORTHWEST QUARTER (NW y.) OF THE SOUTHWEST QUARTER (SW y.) OF SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, OF COLLIER COUNTY FLORIDA. 40 acres more or less. Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 1"JE3 r,13Y 22. 2007 PClgE: 15 0f 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16EB Rec:.>mmendaIIQl- to approve an Agreement for Sale and Purchase with Ralph A Cala and Barbara Calc lor 40 00 acres under the Conservation Collier Land Acquisition Program al a coslno:toexseedS276,70Q ~!22:':D:); 9 OOCO;',M Date Prepared By Cindy M.Erb Administrative Services SelliOr Property Acqu,sitlOn Specialist F3;;ilrlle5Mlmagcment 51112007331:46 PM Dnte Approved Dy Ale~nlldra J, Sulccki Adrr"n'Slr<ltive$ervices SenIOr Errvironmellt~! Srecialist FJcditiesrAnnngement 51312007C:38AM Dnte Approved By Skip Camp, C.F M. AdmillistrntivcServices Facil;tiesl.~anaflem(mtDirector FaciliticsW.annglOme-nt 514/2M73:37PM D.-te Appro\'ed By jellllilerA, Bclpedio COlJlltyAttorney Assistunt County Attorney County Attorney OIliee 5i7120071119AM Dale Appro,'ell By Mary B",ck AdministrntiveServices ExecutiveSeqetary AdminlSlrative Servicps Admin. S/7i200711:34AM Dnte Approved By L"n Gold,mPrice Adm,nls\raliveServ,ces AdminlslrativeScr';icesA(]ministrator Adminislrat;v~ Servi"cs Admin 5IB:2iJ0710,13AM D~te Approved B)' m.WCo(Jrdin<llor Counly Manager's Office AdmilllSlrm.vf' AS"ES~ar11 OHiC,", of Man~gemellt" Smiflet 5/9!2007324"M Dnte AlllJrovcd By LaurnDavisson C;ounty r.1arwger"S Office f,1~nag~,ment <> B'Jdgel Ann'\,st Ofi;ce01 Manag"meflt & Sunge! 511-1/2007 S:':2AM D31e Approved By r\~IChiKI Smyko","ki CC'IJniy M3rlagcr's Office ~,~<t"~'Jem"nt e BudJf't Ciructor Ofh:~ of r-.".1;Hlgeme"',f. 8ucjget 5.'14;2r10710:31 AM Dille Approved By Jarnm,V, Mudd Board of County Comm',>siotler,> Countyf',Hl"9N COllnty f.Llrlag,,(s Off,ce 5,'14f2[J0711:G5AM filp./lr.\ A o-"nrl"Tp<,t\f;y"'''rl\!;:,_'''A"",o/~ .,n.,., o,~.,(n()ni\ 1 (~ o,;,.,nrnl\I",r;-I\lTO/o.,n ^ r.r;-t..rn ^ \ 1... <;;il,;:nnIl7 Agenda Item No. 16E9 May 22, 2007 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Robert Reed Rivers, Jr. and Karl Lewis Predmore for 19.54 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $139,500. OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Robert Reed Rivers, Jr., and Karl Lewis Predmore (Sellers). CONSIDERATIONS: On January 23, 2007, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Sellers' property contains a total of 19.54 acres and is located in Section 30, Township 51 South, Range 27 East. This parcel is within the Mcllvane Marsh area. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $133,500 was based upon the average of two independent, state- certified general real estate appraisers, one giving value at $127,000 and the other at $140,000. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Sellers, the County will pay the Sellers $667.50 in liquidated damages. The CCLAAC approved this transaction on May 14, 2007, and voted to recommend Board approval and execution of the attached Agreement. - Pursuant to Ordinance 2003-63. Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total cost of acquisition will not exceed $139.500 ($133,500 for the property, $4,700 for the appraisals, and approximately $1.300 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of May 14, 2007. property costs for Conservation Collier properties, including this property and those under contract, total $56,625,533. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) In the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002-63. RECOMMENDATIONS: Staff is recommending that the Board of County Commissioners: 1) Approves the attached Agreement and accepts the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2) Authorizes the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this transaction; and 3) Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payment; and 4) Directs the County Manager or his designee to proceed to acquire this parcel, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to this parcel, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5) Approves any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist, Real Estate Services, Department of Facilities Management -- Agenda Item No. 16E9 May 22, 2007 Page 2 of 14 Conservation Collier Land Acquisition Program Project Design Report Date: May 1, 2007 Mcllvane Marsh I Rookery Bay Partnership Project I Willing Sellers Rrversf'redmore WllirlgsSellers ConselVabonLands ana ds edm ac RBNERR / // RBNERR RB'ERR C Hier 5 nino!e 51 te park / c '%0< l~-:=:~:;:::.:::--"- ~c / 10,000 Islands NWR 2:~~::1~~~~~':"::":'~~:"~S"""'''Y_>i''' 0 ~;"O'C";"",,,""'C'd"'_O~"'.""''''OD~-'..,,_,,,,,,,,,,,._.",,,,,,"o,pg I 0.25 05 , ~ Miles .t..,>- ~.. i c~rft;~~, C;~'.!"~ty I Properly Owner(s): Robert Reed Rivers Jr. and Karl Lewis Predmore Folio(s): 00775520006 Location: Mcllvane Marsh- Section 30, Township 51, Range 27 Size: 20 acres Appraisal/Offer Amount: $133,500 History of Proiect: Received Selected for the Approved for Purchase offer Offer Accepted application Active Acquisition purchase by made to owners List by CCLAAC BCC FeblUary to, 2006 December 11, 2006 January 23, 2007 March 22, 2007 March 22, 2007 Purpose of Proiect: Conservation Collier Agenda Item No. 16E9 May 22, 2007 Page 3 of 14 Program Qualifications: This site is part of a project area, in which a number of similar parcels were evaluated as a group. The group met 5 out of 6 initial screening criteria, Including presence of native habitat, having human resource values, biodiversity and connectivity. The one criteria not met was being within another agency boundary, however, the State of Florida Division of State Lands is interested in pursuing a boundary adjustment in order to partner with Collier County for post acquisition partner funding and management of the parcels as discussed in the Projected Management Activities section. Mcllvane Marsh is an 800-acre project area located south of U.S. 41 and just to the west of Collier Seminole State Park, in Sections 29 and 30, Township 51, Range 27. The project area is divided into 19 parcels of which Conservation Collier has willing sellers for 7 parcels totaling 280 acres (see above map - hatched properties). The Predmore/Rivers parcel is 20 acres on the west side of the marsh project area. Two owners (one owns 2 acres at the north edge of the marsh and one owns two parcels totaling 51.02 acres on the west side and in the center) have declined Conservation Collier's offers. Rookery Bay National Estuarine Research Reserve (RBNERR) either already owns or is in the process of receiving 2 parcels totaling 330 acres that have been donated for mitigation purposes and Collier County owns one 20-acre mitigation parcel. There are 170 acres remaining to acquire from 8 owners. One of these owners, of 80 acres along the north side of the marsh has indicated the County's offer maybe too low for him to accept. Conservation Collier has sent letters to the remaining 7 owners in the past asking if they are willing to sell and they did not respond. The Program plans to send follow up letters during the current cycle with Board approval. Mcllvane Marsh contains at least 4 different types of native plant communities identified by the Florida Department of Transportation's Florida Land Use Cover and Forms (FLUCCS) (1994/1995) classification system, including saltwater marsh, mangroves, pine fiatwoods and inland ponds/sloughs. These native plant communities appear to be in relatively good shape, with exotics primarily along the northern edge where there is a dirt road; however, much of the property was viewed from one video taken of the western side of the marsh and from the air, due to accessibility problems. For inaccessible areas, staff relied upon reports from RBNERR staff, who have visited most areas within the marsh. Conservation Collier does not own lands in this geographic area, so acquisition of these parcels would expand the geographic distribution of Conservation Collier Preserves. There is potential to provide appropriate access for nature-based recreation through State-owned Rookery Bay lands. Although much of the marsh is inaccessible by vehicle or foot, there is potential for canoe or kayak access, fishing and wildlife viewing via Curcle Road, a paved public right-of- way. Acquisition of parcels within this project area will provide opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species and flood control. Coastal wetlands within the project area provide habitat for many wetland dependent species, particularly bird and fish species. There is a known rookery within the Mcllvane Marsh and many bird species have been observed there. Acquisition and protection of the marsh will provide protection both for developed properties to the north from storm surge and water quality protection to adjoining marine and estuarine communities, as the plants, animals and soils in coastal marshes absorb, filter and neutralize many pollutants draining from the land. The area also provides moderate to substantial recharge for the surficial aquifer. Acquisition of the Mcllvane Marsh would provide opportunities to protect significant biological values by protection listed species habitat, providing connectivity to other conservation lands and offering restoration potential and ecological quality. The marsh appears to have good ecological quality, as observed by staff during area f1yovers and as reported by RBNERR staff. The marsh contains habitat for many listed species, including American alligator (State -SSC*, Federal - T**) American crocodile (State - E***, Federal - E), Florida ribbon snake (Federal - Agenda Item No. 16E9 May 22, 2007 Page 4 of 14 T), and numerous species of birds listed by both the State and Federal governments. While it is not known whether the site contains listed plant species, it is likely to contain listed (but locally common) bromeliad species. The project area is directly connected to public conservation and park lands, including the Collier Seminole State Park, Ten Thousand Islands National Wildlife Refuge, Deltona Settlement Lands and, through them, to RBNERR. Proiected ManaQement Activities: Staff is currently working with the Florida Division of State Lands on a post-acquisition partnering proposal that would share costs of acquisition and transfer title to the State for inclusion in the RBNERR. Rookery Bay staff advises that canoe and kayak access is possible from Curcie Road. Partnership with the State wouid make the entire project iess expensive for Collier County, remove long term management costs and obligations for the County on inaccessible areas and would still result in placing the marsh in permanent conservation status, thus achieving all the goals of the Conservation Collier Program. As previously mentioned, RBNERR already owns a significant portion of the marsh. Lands owned and managed by RBNERR would be accessible to the public under the Rookery Bay lands management plan. * SSC - Species of Speciai Concern ** T - Threatened *** E - Endangered Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 16E9 May 22, 2007 P<l9E 5 of 14 COLLIER COUNTY SOARD Of COUNTY COMMISSIONERS 1GE9 ReconmendallOn to approve an Agreement for Sille and F'urcllase with Robert Reed Rivers Jr andK"ri :...ewis f'redllloreforI8.54 acres undertl1e COilservalron Collier Len(j!\(,quisitioll progra"Il.:1: a '.:ostnol to exceed $130 50G 5/,)2/2807,1Q(,Q(j;',M D~' Prepared By CindyM Erb Administrlltive5ervices Senior Propert}. .~cQUlsitlon Specialist Facilities Managcrnent 5111200740J:27PM Dale Approved By AlexandraJ. Sulecki Administrative Services Senior EnVironmental Specialist lO"cilili115 Management 513/20078:52 AM Dale Approved By Skip Call1p. C.F.M. Administrative Services Facilitie, Managernent Director ~'Dcilities Management 51412007 J'44PM Date Approved By JenniferA. Belpcdio County Attorn",y Ass;sant County Atlorney County Attorney Office 5m200711:J1 AM Datu ApproH'd By Mary Buck AdministrativeSorvices F~ecvliye Secretary Admini'i-tr~tiv",Servir.esAdmin. SI8120079A2AM Date Approved By Len Golden Price AdministrativeServico$ Administrative S~rvices Adminislrator AdminislrllliveServicesAdmin. 5/9J200710:14AM Date Approyed By OMS Coordinator County Manager's Office Administrative Ar;,lstant Office of Man3gement & B'l(lget 519120073:26 PM Date Approved By l_JuraDavisson County Man~ger'sOffice Man"gemenl8. Budget Analyst Office of Management 8. Budget 5114/2007 ;':;20 PM Date Allproved B~' Micha<:.1 Smykowski County Manager', Office Man~gem"nt 8. Budget Director Otflce of M.1n1tg.H'l1\lnt & Budget 5114120072:42 PM Dale Approved By JamesV Mudd 80ard 01 County Commissioners County Manager S<Hlnty M"n<lger.s Office 511412007e:50 PM file://C:\ARcndaT est\EXDOrt\83- Mav%2022. %202007\ I 6, %20CONSENTI%20AGENDA \ 16.. 5/16/2007 CONSERVATION COLLIER Tax Id. Numbers: 00775520006 Prep...fto~r.nda Item NO.1 E9 Jennll.. A. eelpedio, Esq.MiY 22. 2 07 Office 01 the County Attorn~ge 6 0 14 3301 East Tamlaml Trail Naples, Florida 34112 (239) 774-8400 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ROBERT REED RIVERS, JR., a married man, and KARL LEWIS PREDMORE, a married man, whose address is c/o John McCormick, 13984 Mirror Drive, Naples, Florida 34114, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State 01 Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcei of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the condilions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten DollarS ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms ond conditions hereinafter set forth, Seller shail sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be One Hundred Thirty Three Thousand Five Hundred and No/100 Dollars, ($133,500.00) (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shan be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accor~ance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The iien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 1 CONSERVATION COLLIER Tax Id. Numbers: 00775520006 ! Agenda Item No. 1dE9 May 22, 2007 Page 7 of 14 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter In order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or Its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title poliCy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seiler representing the cash peyment due at Closing in accordance with Article III hereof. shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount. homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (AL TA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance comm~ment. to notify Seller in writing of any objection to tifle other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shail 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 merketable. In the event Seller is unabie to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration 2 CONSERVATION COLLIER Tax Id. Numbers: 00775520006 Agenda Item No. 1 E9 May 22, 2 07 Page 8 0 14 of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of tenmination within the time period provided herein shail be deemed an election by Purchaser to accept the exceptions to title as sholl/n in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Properly projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller w~hin seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any Objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, "Inspection Period"), to determine through appropriate investigation that 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmentai requirements to the development of the Property. 3. The Property is In compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to. Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its spacific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall. at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall. in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said Inspection of the Property. 3 CONSERVATION COLLIER Tax Id. Numbers: 00775520006 I ! Agenda Item No. 16E9 May 22, 2007 Page 9 of 14 VI. INSPECTION 6,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing, VII. POSSESSION 7.01 Purchaser shall be entitled to fuil possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2006 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants andJor agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancei this Agreement by giving written notice thereof to Purchaser. whereupon one-half percent (1/2%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amoUnt and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9,03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties, X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10,011 Seller and Purchaser have full righf and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder, Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver. and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby, All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purcheser and/or Seller, if necessary. 4 CONSERVATION COLLIER Tax Id. Numbers: 00775520006 Agenda Item No. 16E9 May 22. 2007 Page 10 of 14 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchase~s acceptance of a deed to the said Property shall not be deemed to be full perfonmance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seiler 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 governmentai instrumentality that relate to this agreement or any other property fhat could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or optioh to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement rtmains 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 obtai~ing the written consent of Purchaser to such conveyance, encumbrance, or aQteement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspoois on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have <it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the produCtion, handling, storage, transportation, manufacture or disposal of hazardous or toxiC substances or wastes, as such terms are defined in applicable laws and regulatiorts, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or Inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are :or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 5 CONSERVATION COLLIER Tax Id. Numbers: 00775520006 Agenda Item No. 16E9 May 22. 2007 Page 11 of 14 10.021 Seller acknowledges and agrees that Purchaser is en1ering into this Agreement based upon Seller's representations stated above' and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning. or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing. Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser hanmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser. directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to. the Comprehensive Environmental Response, CompensatiOn, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing. sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: With a copy to: If to Seller: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 Cindy M. Erb. Senior Property Acquisifion Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 Robert R. Rivers, Jr. Karl L. Predmore c/o John McCormick 13984 Mirror Drive Naples, Florida 34114 Telephone number: 239-272-0982 Fax number: 239-435-3948 6 j CONSERVATION COLLIER Tax rd. Numbers: 00775520006 Agenda Item NO.1 E9 May 22, 2 07 Page 120 14 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is In writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the nun1ber and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever far others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 7 CONSERVATION COLLIER Tax Id. Numbers: 00775520006 Agenda Item No. 16E9 May 22, 2007 Page 13 of 14 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shali be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecVAcquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: JAMES COLETTA, Chairman AS TO SELLER: -4-11-07 DATED: WITNESSES: ~/P~ ~ ignalure) BY: ~~JL:H~ft~ ROBERT REED RIVERS, J . ;TtJff",/'p /1f~6~JGM/~ (Printed Name) .{Y\ Milo S . R jyywj (SignatJre) Mo.rl-o S. .::<IlY)CS (Printed Name) ~~~~ 'lee... <3 M<>..c...eeu.\c..\C.... (Printed Name) BY: y;. Q~ ri2d..- KARL LEWIS PREDMORE L o~~ (Signature) !J.U1N J I1JbT0i::.iJ (Printed Name) Approved as to form and legal sufficiency: )).A. ~/~ Jennifer A. Bel io Assistant County Attorney 8 Agenda Item No. 16E9 May 22, 2007 Page 14 of 14 EXHIBIT "A" PROPERTY TAX IDENTIFICATION NUMBER: 00775520006 LEGAL DESCRIPTION: THE WEST HALF (112) OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4), LESS THE SOUTH THIRTY (30) FEET THEREOF FOR ROAD RIGHT OF WAY, SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Agenda Item No. 16E10 May 22, 2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve an amendment to the Collier County Driver Education Grant Program OBJECTIVE: To approve an amendment to the Collier County Driver Education Grant Program pursuant to Collier County Ordinance 2007-39 to fund driver education programs in public and non- public high schools. CONSIDERATIONS: On July 29, 2003, the Board of County Commissioners adopted Ordinance No. 2003-39, entitled "Dori Slosberg Driver Education Ordinance" to authorize the collection of a surcharge to supplement driver education funds and to establish the Driver Education Trust Fund 173 as authorized by Section 318.1215, Florida Statutes. The Board further approved grant program procedures on October 14, 2003 that authorize the County Manager, or designee, to solicit grant applications and to negotiate a grant agreement with any eligible applicants. Due to amendments to the statute, Ordinance 2007-39 was adopted on April 24, 2007 (Item 17A). Grant program procedures now need to be modified based on the new Ordinance. Changes to the grant progran1 based on the Ordinance 2007-39 include the following: I) Noting that the surcharge for each penalty is now $5.00; and 2) Adding references to the stipulation that each program receiving funds require that a minimum of 30 percent of a student's time in the program be bchind-the-wheel training. Other changes are suggested to clarify program requirements and provisions, including: I) Adding contact info for two private schools that have added a high school component and may potentially develop driver education programs in the future; 2) Clarifications regarding project reporting; and 3) Adding further requirements regarding linking project components to the budget and explaining that the budget narTative must address each item listed in tbe budget. FISCAL IMPACT: There is no fiscal impact directly associated with this executive summary; however the Ordinance that was approved on April 24, 2007 indicated a fiscal impact related to the increase from $3.00 to $5.00 per violation of an increased an10unt to be collected of approximately $150,000 for FY 08. GROWTH MANAGEMENT IMPACT: There IS no impact to the growth management plan associated with this proposed grant program. LEGAL CONSIDERATIONS: The County Attorney Office has reviewed and approved the attached program amendments as being lcgally sufficicnt. RECOMMENDATION: That the Board of County Commissioners approves amendments to the Collier County Driver Education Grant Program pursuant to Collier County Ordinance 2007-39 to fund driver education prograrns in public and non-public high schools. ,.,.~ Prepar'ed by: Marlene Foord, Grant Coordinator, Administrative Services Item Number: Item Summary: Meeting Date: Pagelofl Agenda Item No. 16E10 May 22, 2007 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 18E10 RBCDl11mencation tel approve an amendment to tlle C::Jlller Caunty Driver f:duGatlon Grant Program 5!22/20078:00QOAM Grants Coordinator Dllte Prepllred By Marlene J. Foord Admini5trativeServiclls Administrative Services Admin. S/2/200710,33:19AM AssistantCountyAltorney Data Approved By JenniferA. Belpedio County Attorney County Attorney Office 517!200711:56AM D:lte Approved By Len GOlden Price Administrlltiv() Services Administr"tive$ervicesAdministrator Administrative Services Admin 5/91200710:21 AM Administrativef\5Sistant Date Approlled By OMS Coordinator County Manager's Office Office of ManagGment 8. Budget 519/20073:27 PM Date Appmved By wiuraDavis50n County Manager's Office M'lnagemenl8. Budget Anal\'5t Office of Managcmenf & Budget 5/11/2007 S:f1S AM Management 8. Budge! DireGtor Date Approved By Michael Smykow5ki County Manager.s Office O/ficeor Manag<\ment Ii. Budget S/11120Q710:52AM County Man<lger Date Approved By Jllme5V, Mudd Boardo(County Commissioners County M,,''''ge,.sOffice 5/11120073:43 PM filt'./I('.\Ap"I~nn:'lT~"t\Fxnnrt\R"";-M~v%?n)? % ?n)()07\ 1 h 1I/,,?O('()NSFNT%?OAr.FNf)^ \ 1 h "ill An007 Program Description - Collier County Driver Education Grant Program Agenda Item No. 16E10 May 22. 2007 Page 3 of 8 COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM GENERAL PROVISIONS Collier County has created the Collier County Driver Education Grant Program under the authority of Section 318.1215 of the Florida Statutes, entitled "The Dori Slosberg Driver Education Safety Act." This act allows the Board of County Commissioners to enact an ordinance authorizing the Clerk of Courts to collect a five dollar ($5.00) surcharge on all moving and non-moving civil traffic infractions, except infractions related to parking of vehicles, filed in County Court to fund the direct education expenses of driver education programs in both public and non-public high schools. The Board of County Commissioners of Collier County, Florida has deemed it appropriate and in the best interest of the public health, safety and welfare to adopt Ordinance No. 2007-39 to collect this surcharge to supplement driver education funding and, as such, to create a grant program to manage and disburse the funds appropriately. Funds collected are deposited into Fund 173 Driver Education, a special trust fund established specifically for these funds. The County Manager, or designee, will request regular reports of these funds from the Clerk of Comis. By February 1 of each year, the County Manager, or designee, will mail a letter to the School District contact and to each non-public high school indicating the provisions of the grant program and indicating an approximate funding level for that year. USE OF FUNDS All funds collected will be used exclusively to fund the direct expenses of driver education programs in both public and non-public high schools in Collier County. Eligible direct education expenses include the purchase of goods and services, including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaJies of driver education instructors. Administrative expenses are not eligible for grant funding. Fmihermore, based on the legislative intent of Section 318.1215 of the Florida Statutes, Collier County may lawfully disburse funds to a new driver education program as long as the funds are used for the direct expenses of the new program and there is no supplanting of already existing funds. Each program will also be required to verify that a minimum of 30 percent (30%) of a student's time in the progranl is spent doing behind-the- wheel training. Funds will be apportioned based on the total nunlber of high school students (grades 9-12) enrolled as of September 1 of the previous year. The application period will be March 1 - March 31 of the following year with funding based on collections through February I of each year. Each applicant will be required to report on the application the number of eligible students as of September I of the previous year. The apportionment of funds will be adjusted annually based on the number of students reported on each application, or in the case that no applications aJ'e submitted, by the County Manager, or designee, every three (3) years to reflect changes in number of eligible students due to growth and other changes affecting high school populations. Program Description. Collier County Driver Education Grant Program Agenda Item No. 16E10 May 22, 2007 Page 4 of 8 Example: High School # of eligible 9-12 grade Available Funding per students as of 9/1/03 Funding High School School Board 500 $100,000 $90,909 Non-Public High Schools (tbd) 50 $9,091 NOTIFICATION PROCESS By February I of each year, the County Manager, or designee, will mail a letter to the School District contact and each non-public high school providing notification of the grant program provisions, deadline for applications and an estimated funding level for that year. The following contact information will be used and may be amended as new non-public high schools are formed or as contact information changes: District School Board of Colfier County Deb Ogden, Driver Education Coordinator 5775 Osceola Trail Naples, FIOlida 34 t 09 Seacrest Country Day School Erin Duffy, Head of Upper Schools 7100 Davis Blvd Naples, Florida 34104 Community School of Naples Gene Rochette, Dean of Studenl'i 13275 Livingston Road Naples, FIOlida 34 t 09 Seagate Christian Schools Glenn Wiggins, Principal 1010 Whippoorwill Lane Naples, Florida 34105 First Baptist Academy Cindy Murphy, High School Ministry Assistant 3000 Orange Blossom Drive Naples, Florida 34109 Saint Jnl111 Neumann High School Laura Campbell, Principal 3000 53,d Street Southwest Naples, Florida 34t 16 SUBMITTAL PROCESS The application cycle will be open from March I - March 31 of each year. All applicants must submit an application for funding, using the application form provided, signed by the authorized official such as the school principal for private schools or the superintendent of schools for the District School Board of Collier County. Applications will include: I) Applicant name and contact information, 2) Names and addresses of high schools to benefit, 3) Name, phone number, email and mailing address of contact person, 4) Current program description, including total cost of current program, 5) Intended use of funds/project description, 6) Number of eligible students, 7) Expected time frame for project, 8) Budget for proposed project, and 9) Certifications (funding direct costs only, non-supplanting requirement, 30% of student's time as behind-the-wheel training). PROJECT REPORTING If an applicant received previous funding, proposals must provide a brief synopsis of the project or program funded in the previous year. Note: this synopsis is in addition to the final report that must be submitted within 90 days of completion of each project. 2 Program Description - Collier Cot/nty Driver Education Grant Program Agenda Item No. 16E10 May 22. 2007 Page 5 of 8 All applications must be received on or before March 31 of each year at the following address; Collier County Grant Coordinator Re: Driver Education Grant Program 330t Tamiami Trail Eas~ Bldg. D. Naples, Florida 34112 EVALUATION PROCESS Upon receipt of each proposal, the County Manager, or designee, will review the applications to ensure completeness and eligibility. The County Manager, or designee, may work with the designated contact to obtain additional information or clarification as necessary in the approval process. ApPROVAL AND A WARD PROCESS Following the review of each proposal, the County Manager, or designee, will coordinate with the project contact and the County Attorney's office to prepare a contractual agreement for each project. Each contractual agreement will then require approval by the Board of County Commissioners. Each agreement will acknowledge that funds received will only be used for direct educational expenses for driver education programs, will not supplant existing funding sources and will support 30% of each student's time in behind-the-wheel training. Each agreement will also stipulate that a final report of expenditures and project outcomes be submitted within 90 days of the end of the project or termination of the grant period (whichever comes first). Agreements will also contain provisions for the County to have the right to audit the paperwork and project. DISBURSEMENT OF FUNDS Funds will be disbursed within 45 days following the Board of County Commissioners approval of the contractual agreement. E I xamvle: Step 1 Step 2 Step 3 Step 4 (within 90 days of (within 45 davs) Droiect comDletion) Agreement Approved Funds Disbursed Project Completed Report Submitted Monies that have not been disbursed at the end of each fiscal year will be retained for disbursement in the following fiscal year (s), as appropriate. Monies disbursed, but not spent at the end of the project's time frame shall be returned to the Trust Fund for disbursement in the following year. PROJECT REPORTING Within 90 days following completion of the project or termination of the grant period (whichever comes first), a final report must be submitted to the County Manager, or designee, which outlines how the funds were used and includes copies of invoices and checks and any other documentation of expenditures and verifies that the funds supplemented, but did not supplant existing funds and supported a program that requires a minimum of 30% of a student's time be behind-the-wheel training. Failure to provide this report would constitute breach of contract and would affect an agency's eligibility for future funding. 3 COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM Application Form Deadline March 31 Agenda Item No. 16E10 May 22. 2007 Page 6 of 8 Application Form - Collier County Driver Education Grant Program GENERAL INFORMATION Applicant Name: Address: Phone Number: Contact Person: Contact Phone Number, including extension (if different from above): Email Address: Type of High School (check one): Public High School Non-Public High School BACKGROUND INFORMATION 1. List participating high school (s), address, phone number and campus contact information (if different than above). 2. Brief project description. (Provide more detailed description onfollowingpages). 3. Approximate number of students eligible for driver education. 4. Approximate percentage of time each student receives behind-the-wheel training. (By statute, each student must receive a minimum of 30% of behind-the-wheel training) 5. Approximate number of students to benefit from the project. 6. Anticipated project start and end dates. Start End: 7. Total funds requested. $ 8. Total number of high school students (grades 9-12) on September 1" of previous year. I hereby certify that all funds received will be used exclusively to fund the direct education expenses of driver education programs, will support a program that requires a minimum of 30% of a student's time as behind-the-wheel training and will not supplant normally budgeted funds for driver education. Authorized High SchoollDistrict Official Date Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East, Naples, Florida 34/12; Re: Driver Education Grant Program Page 1 of3 Application Form - Collier County Driver Education Grant Program Agenda Item No. 16E10 May 22. 2007 Page 7 of 8 CURRENT DRIVER EDUCATION PROGRAM DESCRIPTION Describe the existing driver education program. Ifnone exists, indicate such and explain why. PREVIOUS PROGRAM YEAR SYNOPSIS If funding was received in the prior year, describe how the fimding was used and any deviations from the original project as submitted in the application. including any budget deviations. PROPOSED PROGRAM/PROJECT Describe the proposed program or project. Ensure all project components are identified in the budget and budget narrative on the following page. Submit one original and tlm copies to Collier County Grants Coordinalor, Administrative Services, Bldg. D., 3301 Tamiami Trail East~'aples, Florida 34112; Re: Driver Education Grant Program yage 2 of3 Application Form - Coltier County Driver Education Grant Program Agenda Item No. 16E10 May 22, 2007 Page 8 of 8 PROGRAM/PROJECT BUDGET List all budget items and their associated cost, including, but not limited to: personnel {salary, fringe}, contract services, materials and supplies, equipment, etc. Note: All funds must be used exclusively to fund direct expenses of driver education programs. Eligible direct education expenses include the purchase of goods and services, including, but not limited to, driver education course materials, vehicles exclusively usedfor driver education programs, driver simulators, and salaries of driver education instructors. Administrative exvenses are not elif!ible for [[rant fimdinf!. BUDGET NARRATIVE The budget narrative should justify the direct costs associated with the program/project as identified in the budget listed above. including the necessity, reasonableness, and eligibility of all costs proposed in the above budget. Submit one original and two copies to Coltier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East Naples, Florida 34112; Re: Driver Education Grant Program Page 3 of 3 Agenda Item No. 16E11 May 22, 2007 Page 1 of 26 EXECUTIVE SUMMARY Recommendation to approve Amendment No. 02 to the Agreement with Collier County District School Board for the Driver Education Gr.ant Program OBJECTIVE: To receive approval of an amendment to the agreement with the District School Board to allocate Driver Education Grant funds for summer driving school for private and public high school students. CONSIDERATIONS: On July 29, 2003, the Board of County Commissioners adopted Ordinance No. 2003-39, entitled "Dori Slosberg Driver Education Ordinance" to authorize the collection of a surcharge to supplement driver education funds and to establish the Driver Education Trust Fund 173. This Ordinance was amended by Ordinance 2007-39 on April 24, 2007 (Item 17 A) based on recent changes to FIOlida Statutes. The Board further approved grant program procedures on October 14, 2003 that authorize the County Manager, or designee, to solicit grant applications and to negotiate a grant agreement with any eligible applicants. The grant program will be modified slightly based on the new Ordinance 2007-39 and is the subject of a separate executive summary. The 2007 Grant Progranl guidelines and applications were sent to each of the private high schools and the District School Board on February 22,2007. A response was received only from the District School Board to fund a summer driver education program, travel to a conference and to pay for new supplies and equipment for the regular and summer school programs at a cost of $225,500. The Summer School program is also open to private high school students. The Grant Program is set up for funds collected as of February I of each year to be advertised to all eligible entities. Applications are due by March 31 of each year. Agreements are typically approved by the Board of County Commissioners in April or May of each year. Staff reviews the repOli for how the previous program year's funding was spent and includes any necessary references to carry over funds from the previous year in the agreement for the current year. The District School Board has submitted application three years in a row for a Summer Program and purchase of equipment and materials to supplement annual programming for the school year. The Program Year is typically .Tune to .Tune and is kicked off with the Summer Program. The Project Report submitted for this year summarized the use of the funds through March 2007. The report requests pennission to carry an estimated $45,000 in funding from the 2006 Grant Cycle into the 2007 Grant Cycle. The District continues to expend Ole funds from that Program Year until it ends in June and then provides thc actual amount of carry fOlWard funds in the Project RepOli. This was also done in the previous year and due to the way the District fiscal year and summer schedule conflict with each other, will continue to be necessary in future years. To account for the use of the carry fOlWard funds each year, the District sets up a separate account in their budget and makes reasonable effort to expend those funds prior to expending funds allocated for the new Program Year. The Project Report includes pages from the District budget identifying how the funds were expended. According to the District contact, for the 2005 program year, there was a mid-year change in use of funds to re-allocate funds from salaries for substitutes for other eligible activities because less was needed for substitutes. Agenda Item No. 16E 11 lv1ay 22, 2007 Page 2 of 26 The following table identifies the allocations and carry forward amounts: Program Program Carry Expended Expended Balance Estimated Actual carry Year Year Forward from from from carry forward forward into Allocation from Carry Program Program at time of subsequent previous J<'orward Year Year approval of program Program as of Allocation as Allocation new program year Year March of March as of year agreement March 2005 $199,267 $141,417.44 $57,849.56 $45,000 $36,005.28 2006 $148,087 $36,005.28 $36,005.28 $61,384.26 $86,702.74 $45,000 2007 $225,500 Although this application was submitted prior to the adoption of Ordinance 2007-39 on April 24, 2007, which anlended the original Ordinance 2003-37, the intended project submitted by the School District also conforms to the provisions of the new Ordinance. FISCAL IMPACT: If approved, funds in the amount of $225,500 will be provided within 45 days to the District School Board from Fund 173, Driver Education. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Amendment No. 02 has been reviewed by the County Attorney's Office for legal sufficiency. The original agreement, approved by the Board of County Commissioners on July 26, 2005 (Item 16E7) between Collier County and the District School Board anticipated that the School Board would submit applications for subsequent years and was therefore written to allow extensions. Amendment No. I for the 2006 program year was approved by the Board of County Commissioners on May 9,2006 (Item 16E3). RECOMMENDATION: That the Board of County Commissioners approves Amendment No. 2 to the Agreement with Collier County District School Board for the 2007 Driver Education Grant Program. Prepared by: Marlene Foord, Grant Coordinator, Administrative Services. Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 16E 11 fvlay 22, 2007 Page 3 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E11 Recommendation to approve AnlNldl1lcnt No 02 to the Agreement with Collier COUllty District School Board tor the Drive' [(juca\ion Grant Program 5/22/20C790000/,M Grants Coordiniltor Dale Prepared By MarleneJ. Foard AdministrlltivaServices Admlnislrative Services Admin. S/21200710:29:S2AM Assistant County Attomsy Date Appro,'ed By J~nnif6r A, Selpedio County Attorney County Attomey Offiee 5/j'1200711:4JAM Adminj~tr<ltive S!lrvices Administrator Date Approved By Len Golden Price Administrative Services Admin;strativeSerllicesAdm;n. 519120075:42 PM Admini..trativoAssistant Dale Approved By OMS Coordinator County Manager'sOfflee Office tIf Management 8. Budget 51101200'r10:43AM Management & Budgel Analyst Date Appro\'ed By Laura Davisson County Manager'sOtfice Office of Management & Budget 5111120079:13 AM Midlllel Smykowski Mana9'lment 8. Budget Director D3te Approved By County Manager's Office Office of Management & Budget 51111200711:0BAM Approved By .IamesV. Mudd Board of County Commissioners County Manager Dllte County Manager's Office 5111120072:37 PM file'I/(':\Ap-end~Te~t\Fxnnrt\Rl-Mav%207? %20?007\ 1fi %20rONSFNT%20AGFNDA \ 1 fi 0;/10/2007 Agenda Item No. 16E11 lv1ay 22, 2007 Page 4 of 26 AMENDMENT NO. 02 TO AGREEMENT BETWEEN COLLIER COUNTY AND DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR DRIVER EDUCATION GRANT This AMENDMENT NO. 02, entered into this day of , 2007 to that Agreement dated July 21, 2005 between Collier County, a political subdivision of the State of Florida, located at 3301 Tamiami Trail E., Naples, Florida 34112, ("COUNTY") and the District School Board of Collier County, located at 5775 Osceola Trail, Naples, Florida 34109, ("SCHOOL BOARD)." WHEREAS, the Agreement specifies that it can be extended for consecutive years with reference to each new project as identified in the Application Form for the respective fiscal year, with program changes reflected in the respective Amendment to the Agreement; and WHEREAS, renewal of the Agreement must be approved by the Board of County Commissioners and the School Board; and WHEREAS, the SCHOOL BOARD has responded as the sole applicant to the 2007 Driver Education Grant Program Request for Proposals that was sent to the District School Board and all non-public high schools listed in the Driver Education Grant Program; and WHEREAS, the SCHOOL BOARD agreed in Amendment No I to this agreement to fully spend $45,000 remaining from the 2005 Driver Education Grant Program during the 2006 Grant Program year and has done so and provided a report outlining the use of these funds; and WHEREAS, the SCHOOL BOARD continues to expend funds from the 2006 Driver Education Grant Program that has an end date of June 1,2007, and the SCHOOOL BOARD has not yet submitted its final report for this fiscal year, but has submitted the required "interim project synopsis" which synopsis is determined to be sufficient by COLLIER COUNTY; and I Agenda Item No. 16E11 lv1ay 22, 2007 Page 5 of 26 WHEREAS, this Amendment Number 02 is consistent with the requirements of the Agreement, Ordinance 2003-39 and the requirements of the Driver Education Grant Program. NOW, THEREFORE, the Parties agree as follows: I. A V AlLABILlTY OF FUNDING Total funding available in the Driver Education Trust Fund, as of February I, 2007, was $225,500 (Funds), Additional surcharges continue to be collected and will be available for the 2008 Driver Education Grant Program cycle. II. USE OF FUNDS The SCHOOL BOARD has requested $225,500 of the available funding and agrees that: (I) the SCHOOL BOARD will use the $225,500 solely for eligible direct education expenses, which includes purchase of goods and services including driver education course materials, vehicles to be used exclusively for driver education programs, driver simulators, and salaries of driver education instructors; (2) the SCHOOL BOARD will not use the Funds for administrative expenses; and (3) the SCHOOL BOARD will not use the Funds to supplant already existing funds; and (4) the SCHOOL BOARD will comply with all additional Ordinance terms and requirements concerning the use of funds, attached as Exhibit A. III. PROJECT The SCHOOL BOARD agrees that it will only implement the project as represented in its Application Form (Application), attached as Exhibit B, and as permitted by the Driver Education Grant Program, attached as Exhibit C. The project will provide additional driver education teachers, supplies, equipment, fuel/maintenance and permit some teacher travel for conferences. IV. CARRYFORWARD FUNDING The SCHOOL BOARD fiscal year, budget year for grants and summer school schedule will result in carry forward for each year of this program as currently implemented. The following 2 Agenda Item No. 16E 11 May 22, 2007 Page 6 of 26 table identifies estimated and actual carry forward amounts for the 2005 program year and estimated amounts for the 2006 program year. Program Program Carry Expended at Balance at Estimated Actual carry Year Year forward time of time of carry forward into Allocation from approval of approval of forward at subsequent previous new new time of program program program program approval of year year year year new program agreement agreement year agreement 2005 $199,267 $141,417.44 $57,849.56 $45,000 $36,005 2006 $148,087 $36,005.28 $97,389.54 $86,702.74 $45,000 2007 $225,500 A report that explains the use of funds for each year and itemizes the annual expenditures is attached as Exhibit D. Although the Grant Program guidelines imply that monies disbursed, but not spent at the end of the respective project's time frame, are to be returned to the Trust Fund for disbursement the next following project year, the applicant is the same applicant as in the previous two years and, as was determined by Amendment No 01, COLLIER COUNTY deems it to be inefficient to return the unexpended funds 2006, and those funds should be carried forward into the 2007 project. The final 2006 report that will be presented to the Board of County Commissioners following the end of the 2006 project time period will indicate the exact monetary amount of 2006 funds carried forward into the 2007 project. Use of the unexpended 2006 funding shall be included in the SCHOOL BOARD'S final 2007 Report that will be presented to the Board of County Commissioners following the end of that project time period. V. PROJECT TIME FRAME The SCHOOL BOARD has represented in its Application that the project will begin on June I, 2007 and will end no later than June 30, 2008. 3 Agenda Item r'>lo. 16E11 lv1ay 22, 2007 Page 7 of 26 VI. ORIGINAL AGREEMENT IS NOT AMENDED EXCEPT AS EXPRESSLY SPECIFIED IN THIS AMENDMENT NUMBER TWO. All other aspects of the Agreement remain unchanged except to the extent expressly amended by this Amendment Number 2. DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA By: STEVEN J. DONOVAN, Chairman A TIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: @ JENNIFER A. BELPEDIO Assistant County Attorney 4 f=~: ,.., <;C'", c~ <. ~ " t: .' r"l' (Ij' . . ~.' AN ORDINANCE OF THE BOARD OF cotJN'rii~: COMMISSIONERS OF COLLIER COUNTY, FLORlni::i <::> PROVIDING FOR FUNDING FOR DRIVER EDUCATlolIl'" co PROGRAMS IN COLLIER COUNTY'S PUBLIC ANI) I'RIVATE 11IGB SCHOOLS; PROVIDING FOR FINDINGS OF ~'ACf AND PURPOSE; PROVIDING ~'OR COLLECfION OF SURCHARGE; PROVIDING FOR DISTRIBUTION OF FUNDS COLLECfED; PROVIDING FOR EXPENDITURE AND MANAGEMENT OF FUNDS BUDGETED; PROVIDING FOR CONSTRUCfION; PROVIDING FOR CONFLICf AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECfIVE DATE. , ~ ORDINANCE NO. 2OOJ..-3..L -, WHEREAS, Section 318.1215 of Ihe Florida Slatut... enlitled "Dori Slosberg Driver Education SafelY Act," authorizes the Collier County Clerk of the Circuit Court ("Clerk") upon the adoption of an ordinance by the Board of County Commissioncrl to collect an additional three dollar ($3.00) surcharge on nil civil traffic penalties in County Coun to be used 10 fund the direct education expenscs of traffic education programs in both public and non-public high schools; and WHEREAS, the Board of County Commissioners of Collier County. Florida deems it appropriate and in the best interest of the public heallh, safety and welfare 10 adopt this Ordinance to collect a surcharge 10 supplement already existing driver educalion funds. NOW. THEREFORE BE IT ORDAINED by .he Board of County Commissioners of , Collier-COunty. Florida that: SECfIONONE: TITLE AND CITATION This Ordin,ance shall be known as, the "Dori S)osberg Driver EducAtion Ordinance." SECfION TWO: FINDINGS OF FACT AND PURPOSE (1) The U.S. Dep8RmCnr of Tnnspon.lion'. National Highway Traffic Safety Administration studics n::veal that a significant percentage of young drivers are involved in traffic crashes and arc twice lIS likely as adult drivcrs (0 be in a fatal CrDsh and that the problems contributing 10 Ihese higher crush rules include driving inexperience nod luck of ud skills. /. lof4 Agenda Item No. 16E11 lv1ay 22, 2007 Page 8 of 26 ..,... " :"1 ::1 Agenda Item No. 16E 11 lv1ay 22, 2007 Page 9 of 26 (2) The... i. infonnation indicating that not all eligible high school .tudent. in Collier Count)' are given the opponunity to participate in drivcreducotion programs. (3) Due to the high demand and importance of driver education programs. ex.isting programs need to be expanded and additional programs created. (4) The Board of County Commissioners i. aUlhorized by f 318.1215 Fla. Sill!. to enact an ordinance authorizing the Clerk 10 collect a Ihree dollar ($3.00) ,uTCharge on all civil traffic penalties in County Court to be used to fund the direct education elpense~ of truffle education programs in both public Dnd non-public high schools. SECTION THREE: COLLECTION OF SURCHARGE (I) purs.antlo f 318.1215 Fla. Stat., a three dollar ($3,00) ,uTCharge .han be added by the Collier County Court against every person who pleads guill)' or nolo contendere to, or is convicted of. regardless of adjudication, a moving or non-moving civil traffic viola.iop. (2) The three dollar ($3.00) surcharge shall be in addition to any fine. civil penully or other court cost and will not be deducted from the proceeds of that portion of any fine or civil penalty which i. received by Collier County in accordance with fA 316.660 and 318.21 R.. Stat. (3) The three doll.r ($3.00) surcharge shall be apecifically addeclto any civil penalty paid. whether such penalty is paid by mail, paid in person without request for hearing. or puid after hearing and detennination by the court. SECTION FOUR: DlSTRlBlITlON OF FUNDS COlLECfED (I) The Clerk shall collect thethree-dollar ($3.00) surcharge in accordance with f 318.1215 F1L Stat. (2) All funds collected pursuant to this Ordinance .hall be used for the exclu.ive purpo;" of funding driver education programs, and .hall be deposited inlO a special trust fund 10 be used 10 ex.clusively fund the direct education expenaes of traffic education programs in both public and non-public hiBb school.. (2) All funds collected shall be used exclusively 10 supplement funding for direct education expenses of t",ffic education proBrBm.ln both public and non-public high school.. (3) Direct educational expenses are incurred for the purchase of goods and services including. but nOl: limited 10, driver education course materials. vehicles exclusively used for driver education programs. driver simulators. and salaries or driver education inst~clon and shall not include administrative eJ(.penses. , . 20f4 SECTION FIVE: EXPENDITURE AND MANAGEMENT OF FUNDS BUDGETED (I) The County Manager. OT his designee, with direction from the Board of County Commissionen, in accordance with i 318. J 215 Ra. SUIl., and wilh the budget adopted by the Collier County Board of Commissioners, shall have the authority to provide for the expenditure of funds remitted to the traffic education program. (2) Procedures for disbursement of the funds coUected pursuant to this Ordinance shall be developed by 'he County Manager, or his designee, and approved by 'he. Board of County Commissioners. (3) In order to receive funds, the eligible public and non-public high schools must make application for funds and receive approval by Collier County in accordance with the program procedures established by the County Manager and must execute an acceptance agreement. acknowledging that funds received shall be used exclusively by the recipient for direct educational expenses for driver educalion programs and shall not be used to n:place funds received from ex.isting sources. (4) Monies that have not been disbur=! at ,he end of cacl1 fiscal year shan be retained for disbursement in the subsequent fiscal year(s), as appropriate. SECfION SIX: CONSTRUCTION (2) This Ordinance is to be construed in accordance with t 318.1215 Fla. Stat., as it may be amended or replaced. SECfION SEVEN: CONFLICf AND SEVERABILITY In the even[ this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invali~4'r unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: INCLUSION IN 'I1fi! CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become, and be made . pan of. the Code of Laws and Ordinances of Collier County. Florida. The IeCtionl of the Ordinllnce may be renumbered or re-lcUercd 10 accomplish such, and Ihe word "ordinance" may be changed to "section"', "amcle", or any other appropriate word. , . 3 of 4 Agenda Item No. 16E 11 May 22, 2007 Page 10 of 26 I I I SECTION NINE: EFFECTIVEDATE A certified copy of lhi. Ordinance .haU be filed with the Department of State by the Clerk of the Boan! of Collier County Commissioncn after adoption by the Collier County Board of COmmis.ion..... and .h.Utake effect .nd be implemented ninety (90) c.lendar d.y. from tbe d... of said filing with the Department of St.... PASSED AND DULY ADOPTED by the Boan! of County COmmi..ion.... of Collier County, F1orida.thi. 2q~ay of ::r.:..1- '::I 2003. ""'''''1111, A 1TES1:iS'l" g:;.~h~"'I"" Dwig1i(.E.~ii;';;;'~~~ . :'..~..' f~"i;::--'" ~~:J1\' ~~~*(\.. ."'DC' _ . At~..qf1 F.~(~'S SlgR1l.P.<..~1Jj,~~~ ......:;;. GU:xte:."~,;~\o"" . Approve(ho,t..flll'in .nd 'eg.' suffiCIency: BOARD OF COUNTY COMMISSIONERS OFCO~Oh: BY:~ Tom Henning. Chamnan Thu ordinance filed with the ~ of ~;e:~ffiU tho dov of . ...t.oA3 and acknowledgement of thai fili~ received this_ ~ day ofll~. _ ~~4.,...(JA \J() B ~ . --- Jennifer A. B io Assistant Coon y Auorney h;JABUlri\'CT'l!dOld , , ". 4 of4 Agenda Item No. 16E11 lv1ay 22,2007 Page 11 of 26 Agenda Item No. 16E11 lv1ay 22, 2007 Page 12 of 26 ::t.~ri.t Scbooj ~~I .~ .::.~ ~ .....Colller C~ OFFICE OF THE SUPERINTENDENT 5775 0.-1. Trtlll N..... Florklll341 0lMl919 (239) 377~2. FAX (239) 377-G208 March 5, 2007 Collier County Grants Coordinator Administrative Services, Bldg. D 3301 Tamiami Trail East Naples, Florida 34112 RE: Collier County Driver Education Grant Program District School Board of Collier County Amount: $225,500 To Whom It May Concern: The attached grant has been signed and submitted on this date. However, it is contingent upon formal approval by our School Board at their April 19, 2007 meeting. Thank you for your cooperation in processing this grant. Copy: Chief Academic Officer Chief Operational Officer Executive Director of Financial Services COLLIER COUNTY Cf/ARACTER EDUCATION TRAITS CIlIzenehIp Coopetwtlon _ty Kfnd_ Patrfotl.m Pa,..lfWIIn.. -".cl ~ ~ r..,."". THE COUJERCOUNTY~ acttOOl..SYSTEM ISANEQUALACCESS/!QUAl OPPORTUNlTYINSTmmON FOR EDlJCATtON >>ID EMPLOYMENT. Application F"rm . Collier C"unty Driver Educa.tion Grant Program Agenda Item No. 16E11 lv1ay 22, 2007 Page 13 of 26 COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM Application Form Deadline March 31, 2007 GENERAL INFORMATION Applicant Nan1e: District School Board of Collier County Address: 5775 Osceola Trail Naples. Florida 34109 Phone Number: 239-377-0128 Contact Person: Debra Ogden Contact Phone Number, including extension (if different from above): Email Address:ogdende@collier.kI2.t1.us Type of High School (check one) 2L-Public High School Non-Public High School BACKGROUND INFORMATION 1. List participating high school (s), address, phone number and campus contact infonnation (if different than above). Barron Collier, Gulfcoast. Lely, Naples, Golden Gate, Palmetto Ridge, Everglades. Immokalee 2. Brief project description. (Provide more detailed description on following pages), Summer School Driver Education Program for high school credit for both Public and Private School Students Equipment for year round Driver Education Programs 3. Approximate number of students eligible for driver education, 9,000 4. Approximate number of students to benefit from the project. 6,000 5. Anticipated. project start and end dates. Start: End: 6/08 6/07 6. Total funds requested. $ $225.500.00 7. Total number ofhieh school students (2l'ades 9-12) on Seotember 1" of ore via us vear. 12.490 I hereby certify that all funds received will be used exclusively to fund the direct education expenses of driver education programs and will plant normally budgeted funds for driver education. istrict Official Date Submit one original and cwo copies to CoWer County Grants CoordinaJor, Administrative Services, Bldg. D., 3301 Tamiami Trail Ea.st, Naples, Florida 34lJ2 Re: Driver Education Grant Program Page 1 of3 Application Fonn - Collier County Driver Education Grant Program Agenda Item No. 16E 11 May 22, 2007 Page 14 of 26 CURRENT DRIVER EDUCA nON PROGRAM DESCRIPTION Describe the existing driver edw:ation program. If none exists, indicate such and explain why. The Driver Education program exists in all of Collier County Public High Schools. At each school, a cenified Driver Education teacher is responsible for the instruction of the class. Many of the teachers are assigned an aide for pan of the school year to enable the teacher to take students "behind the whee!." Both Palmetto Ridge and Golden Gate High School have computer based simulation for classroom lessons and the other high schools, with the exception of Everglades City Schools, have theater based simulation, The programs consist of the following components: Road, Range, Simulation, and Classroom. This increased funding will allow for additional equipment, computer-based simulator maintenance, and teacher trave!. The goal of the program is to achieve the National Driver Education Standards and serve as third pany tester for the State Department of Motor Vehicles (DMV). Driver Education teachers can issue written and road test waivers to their students upon proven documented competencies established by the DMV. The project will include providing a free summer school driver education program for public and private school students. In addition. the funds will be used for new equipment, supplies and additional fueVrnaintenance for the regular school year and summer programs and teacher travel. PROPOSED PROGRAMlPROJECT Describe the proposed program or project. The district's initial project will include two summer school sites for Driver Education for both private and public school students. Three or four teachers will work at each site, at their hourly teaching rate and funding will be used to provide new supplies & new equipment to provide equity for all programs within the district. Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trall East. Naples. Florida 34112 Re: Driver Education Grant Program Page 2 of 3 ApplicaJwn Form - ColJjer County Driver Education Gnuu Program Agenda Item No. 16E11 lv1ay 22, 2007 Page 15 of 26 PROGRAMlPROJECT BUDGET List all budget items and their associated cost, including, but not limited to: personnel (salary, fringe), contract services, materials and supplies, equipment, etc. Note: All funds must be used exclusively to fund direct expenses of driver education programs. Eligible direct education expenses include the purchase of goods and services, including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors. Administrative exvenses are not eli~ible for ~rant fundin~, Bu{i;i,t Item Associated Cost Salary and Benefits 8 Driver Education Teachers for Summer Programl2OO7 & 2008 $60,000 Suoolies $60,000 Eauioment $60,500 FuellMaintenance $40,000 Teacher Travel $5,000 TOTAL $225,500 BUDGET NARRATIVE The budget narrative should justify the direct costs associated with the program/project, induding the necessity, reasonableness, and eligibility of all costs proposed in the above budget. S Driver Education Teachers for Summer Prol!l"lllD!3 teachers per site at two sites! Additional Substitutes Collier County Public Schools no longer funds a comprehensive summer school program. Driver Education is recognized as the number one elective in the state, However, students in advanced classes, specialized programs, and/or students enrolled in private school may not have the opportunity to include Driver Education in their schedule due to the rigor of their course work. This summer program gives students the opportunity to be properly trained in Driver Education and is vitally important as motor vehicle crashes are the number one killer of adolescents. The teachers will be paid their own hourly rate. Each school needs additional substitute time during the school year to allow for more behind the wheel time. New SUDDlies The updated list of new supplies includes: updated videos, technological applications, paper, curriculum materials, etc. New EoulDment In order to be in compliance with the Dew DMV third party tester contract, each school site must have an established and approved road test course. The district will purchase cones and road signs and markings. Additional Fuel/Maintenance In order to provide a quality summer program, the district must provide the behind-the-wheel component of the course. This also requires additional fuel for the vehicles and increased maintenance costs. Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail Emt, Naples, Florida 34JJ2 Reo' Driver Education Grant Program Page 3 of3 PROJECT TITLE: SOURCE OF FUNDS: SUBMITTING SCHOOUDEPT: POINT OF CONTACT FOR THIS PROJECT: BUDGET RESPONSIBILITY: STAFF RESPONSIBILITY: FUNDS REQUESTED: BUDGET SUMMARY: (Estimated Annual) LOCAL FISCAL IMPLICATIONS: PROJECT BEGIN/ END DATES: PROJECT DESCRIPTION: Agenda Item No. 16E11 1>I200i'~SCm Aprli''1~ :tbe726 Collier County Driver Education Slosberg Grant Program Collier County Government Slosberg Funds Driver Education/Student Services Dr. Dee Whinnery, Executive Director, Student Services Dr. Dee Whinnery, Executive Director, Student Services Dr. Dee Whinnery, Executive Director, Student Services $225,500 Personnel costs Staff Quantitv FTE Job Title 6 1.0 Driver Education Teacher Benefits Teacher Travel Supplies Equipment Additional Fuel/Maintenance Total Amount $ 49,896 10,104 5,000 60,000 60,500 40.000 $225,500 Limited fiscal implications for facilities and staff participation in project activities. Not eligible for indirect cost of $3,867. June 1, 2007 - June 30, 2008 The Driver Education program exists in all of Collier County Public High Schools, At each school, a certified Driver Education teacher is responsible for the instruction of the class. Many of the teachers are assigned an aide for part of the school year to enable the teacher to take students "behind the wheel." The two new high schools have computer based simulation for classroom lessons and the other high schools, with the exception of Everglades City Schools which have theater based simulation. The programs consist of the following components: Road, Range, Simulation, and Classroom. This increased funding will allow for additional equipment, new summer teacher time, increased time behind the wheel. The goal of the program is to achieve the National Driver Education Standards and serve as third party tester for the State Department of Motor Vehicles (DMV), Driver Education teachers can issue written and road test waivers to their students upon proven documented competencies established by the DMV. The project will provide two summer school sites for Driver Education for both private and public school students. These funds will be used for new equipment, new supplies, teacher travel and additional fuel/maintenance for the regular year and summer school programs. Program Description. Collier County Driver Education Grant Program Agenda Item No. 16E11 May 22, 2007 Page 170126 COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM GENERAL PROVISIONS Collier County has created the Collier County Driver Education Grant Program under the authority of Section 318.1215 of the Florida Statutes, entitled "The Dori Slosberg Driver Education Safety Act." This act allows the Board of County Commissioners to enact an ordinance authorizing the Clerk of Courts to collect a three dollar ($3.00) surcharge on all moving and non-moving civil traffic infractions, except infractions related to parking of vehicles, filed in County Court to fund the direct education expenses of driver education programs in both public and non-public high schools. The Board of County Commissioners of Collier County, Florida has deemed it appropriate and in the best interest of the public health, safety and welfare to adopt Ordinance No. 2003-39 to collect this surcharge to supplement driver education funding and, as such, to create a grant program to manage and disburse the funds appropriately. Funds collected will be deposited into a special trust fund established specifically for these funds. The County Manager, or designee, will request a quarterly report of these funds from the Clerk of Courts. By February I of each year, the County Manager, or designee, will mail a letter to the School District contact and to each non-public high school indicating the provisions of the grant program and indicating an approximate funding level for that year. USE OF FUNDS All funds collected will be used exclusively to fund the direct expenses of driver education programs in both public and non-public high schools in Collier County. Eligible direct education expenses include the purchase of goods and services, including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors, Administrative expenses are not eligible for grant funding. Furthermore, based on the legislative intent of Section 318.1215 of the Florida Statutes, Collier County may lawfully disburse funds to a new driver education program as long as the funds are used for the direct expenses of the new program and there is no supplanting of already existing funds. Funds will be apportioned based on the total number of high school students (grades 9-12) enrolled as of September I of the previous year, beginning in 2003. The application period will be March I - March 31 of the following year with funding based on collections through February 1 of each year, beginning in 2004. Each applicant will be required to report on the application the number of eligible students as of September I of the previous year. The apportionment of funds will be adj usted annually based on the number of students reported on each application, or in the case that no applications are submitted, by the County Manager, or designee, every three (3) years to reflect changes in number of eli 'ble students due to growth and other changes affecting high school populations. Program Description ~ Collier County Driver Education Grant Program Agenda Item No. 16E 11 May 22, 2007 Page 18 of 26 Example: High School # ofe]igib]e 9-12 grade Available Funding per students as of9/1/03 Funding High School School Board 500 $100,000 $90,909 Non-Public High Schools (tbd) 50 $9,09] NOTIFICATION PROCESS By February I of each year, the County Manager, or designee, will mail a letter to the School District contact and each non-public high school providing notification of the grant program provisions, deadline for applications and an estimated funding level for that year. The following contact information will be used and may be amended as new non-public high schools are formed or as contact information changes: District School Board of Collier County Deb Ogden, Driver Education Coordinator 5775 Osceola Trail Naples, Florida 34109 Seagate Christian School Glenn Wiggins, Principal 1010 Whippoorwill Lane Naples, Florida 34105 Community School of Naples Gene Rochette, Upper School Dean of Students 3251 Pine Ridge Road Naples, Florida 34109 Saint John Neumann High School Laura Campbell, Principal 3000 53" Street Southwest Naples, Florida 34116 SUBMITTAL PROCESS The application cycle will be open from March 1 - March 31 of each year. All applicants must submit an application for funding, using the application form provided, signed by the authorized official such as the school principal for private schools or the superintendent of schools for the District Schoo] Board of Collier County. Applications will include: I) Applicant name and contact information, 2) Names and addresses of high schools to benefit, 3) Name, phone number, email and mailing address of contact person, 4) Current program description, including total cost of current program, 5) Intended use of funds/project description, 6) Number of eligible students, 7) Expected time frame for project, 8) Budget for proposed project, and 9) Certifications (funding direct costs only, non-supplanting requirement). In subsequent years, proposals must provide a brief synopsis of the project or program funded in the previous year. Note: this synopsis is in addition to the final report that must be submitted within 90 days of completion of each project. 2 Agenda Item No. 16E11 C II C D. E'J . G P lv1ay 22, 2007 Program Description ~ 0 ier ounty rzver aucatlOn Irant rogram Page 19 of 26 All applications must be received on or before March 31 of each year at the following address: Collier County Grant Coordinator Re: Driver Education Grant Program 3301 Tamiami Trail East Naples, Florida 34112 EVALUATION PROCESS Upon receipt of each proposal, the County Manager, or designee, will review the applications to ensure completeness and eligibility. The County Manager, or designee, may work with the designated contact to obtain additional information or clarification as necessary in the approval process. ApPROVAL AND AWARD PROCESS Following the review of each proposal, the County Manager, or designee, will coordinate with the project contact and the County Attorney's office to prepare a contractual agreement for each project. Each contractual agreement will then require approval by the Board of County Commissioners. Each agreement will acknowledge that funds received will only be used for direct educational expenses for driver education programs and will not supplant existing funding sources. Each agreement will also stipulate that a final report of expenditures and project outcomes be submitted within 90 days of the end of the project or termination of the grant period (whichever comes first). Agreements will also contain provisions for the County to have the right to audit the papetwork and proj ect. DISBURSEMENT OF FUNDS Funds will be disbursed within 45 days following the Board of County Commissioners approval of the contractual agreement. Example: Ste 2 (within 45 days) Funds Disbursed Monies that have not been disbursed at the end of each fiscal year will be retained for disbursement in the following fiscal year (s), as appropriate. Monies disbursed, but not spent at the end of the project's time frame shall be returned to the Trust Fund for disbursement in the following year. 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"" "N .." (-< .:e.:e.:e.:e.:e.:e.:e.:e.:e.:e.:e.:e ~ "'rlooOOOOOOONN'" (J\O\OrlN~O\~~N~N"""" O\rlrlNNNM~Ltlll'l~W\D1.O ~~ o . . . , , , " ~ >< , , " 00 ~ ~ H " >: o u .... '" " " " "' Agenda Item No. 16E12 lv1ay 22, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to award RFP #No. 07-4100 "Air Filtration Services" to Kleen Air Research, Inc. in an estimated annual amount of $153,000.00 OBJECTIVE: To gain approval from the Board of County Commissioners to award RFP # 07-4100 "Air Filtration Services" to Kleen Air Research, Inc. CONSIDERATION: The Department of Facilities Management is responsible for the maintenance, repair, and replacement of all the air conditioning equipment throughout the County. In order to ensure that all the equipment continues to operate in a clean and efficient manner, the County has determined the best method is to enter into a contract with a qualified air conditioning filter service company. This service will ensure that all air filters within County buildings are replaced on a set schedule giving the County the best possible indoor air quality in a cost effective manner. On January 5, 2007, the Purchasing Department solicited proposals for air filtration services and supplies. A total of forty - three (43) notices were sent out and twelve companies requested RFP packages. Only one proposal was received on the RFP closing date of February 5, 2007. A Selection Committee meeting was held on February 20,2007, and agreed to award the RFP to Kleen Air Research, Inc. FISCAL IMPACT: Air filtration services average $153,000 annually, based on approved building maintenance and capital budgets. Funds are budgeted in Facilities Management's FY 2006-07 department cost centers. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of Coliier County Commissioners award RFP # 07-4100 "Air Filtration Services" to Kleen Air Research, Inc. PREPARED BY: Jennifer Cooper, Accounting Technician, Department of Facilities Management Item Number: Item Summary; Meeting Dllte: Page 1 of 1 Agenda Item No. 16E 12 May 22, 2007 Pflrje 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E12 Recommendation 10 award RFP #No 07-4100 Air Fiitration Services to Kleen Air Research, Inc. In an estimated annual amount of $153,OQO.OO 51::2120079.00 QOAM Fiscal Tec:hnician Date Prepared By JennihHCooper Administrative Services Facilities Managem",nt 5/9120074:20:09 PM Interim Facilities Manager Datl'! Approved By OllmonGonzales Administrative Services FaGifltlesManagement 5/9/20074:25 PM Purcl1asingAgent Date Approved By lynWood Administrative Services Purchasing 5110/20078:22 AM Purchasrng/General SVCG Director Date Approved By Steve Carnell Administrative Services Purcha~ir1g 5!10120078AGAM Facilities Management Director Date Approved By Skip Camp, C.F.M. AdministrativeS"rvices Facilitie"Management 5IHI120012:53 PM ,acilitie5 Management Director Date Approved By SkipCarnp,C,F.M. Administrative Services F>lci1itiesMan~gemellt 5110120072:53 PM OMBCoordinator Admini$trativeA$si$tant Date Appro\'cdBy County Manager's Office Orfice o~ Management 8. Budget 5111120078:22 AM Approved By Laura Davisson C"ur,ty Mllllager's Office Management & BudgDI Analyst Datil Office of ManagfHllent8. Budget 511112007 9:S€ AM ManagementS BudgelOirflctor Date Approvcd By Michael Smykowski Counly Manager'sOfflee Office of Managem<i!nt 8. Budget 5!111200710:12AM CounlyManager Dale Apl)rovl.'"d By James V. Mudd Board of County Commissioners County Manager.s Office 5/12!200710c42AM fjle.//r.\Al!endflTest\Fxnnrt\Rl-M.<lv%2022.0j,,?O?007\ 1 n %?OrONSFNTOIn?OAGFNDA\ 1 n 'i/lti/200? Agenda Item No. 16F1 lv1ay 22, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Memorandum of Understanding between Collier County and Emmanuel Lutheran Church of Collier County OBJECTIVE: Board of County Commissioners approval of Memorandum of Understanding between Collier County and Emmanuel Lutheran Church 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 Emmanuel Lutheran Church of Collier County to coordinate relief efforts at the time of a disaster. GROWTH MANAGEMENT: There lS 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 Emmanuel Lutheran Church which has volunteered to partner with Emergency Management dUling both a Presidentially declared and undeclared disasters. Prepared by: Judy Scribner, Human Services Program Manager, Emergency Management Department. ........, Item Number: Item Summary: Meeting Dale: Page 1 of I Aoenda Item No. 16F1 ~ May 22, 2007 Page2of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1 Recommendation to appro'/e Memorandum of Understanding for Counly emergenc'es bet>.....eei1 Collier County and Emmanuellutl1erfln Church of Collier Counly 5!22/20079:00:00AM Date Prepared By Judy Scribner PublicSarvices Case Managel1len! Supervisor Housing & Human Services Sl11200711:09:28AM Date Approved By JenniferA. Belpedio County Attorney A,,~istantCountyAttarney County Attorney Office S11120013:53PM Date Approved By Dan E.Summers County Managers Offlcll 8ur"'<IuofEmergency s.ervices Director Bur..llu of Emergency Services 519120019;21 AM Adm;ni~trativeAssistllnt Date Approved By OMBCoordinator County M~nager's Office Office 01 Management & Budget 5/9120073:3f;PM Date Approved By Michael Smykowski County Manager'!'. Qffice Management & Budget Director Office of Management & Budget 5ItOI200710:17AM Date Approved By JamesV. Mudd BMrdofCounty Commls!>ioner!'. County Manager County Manager's Otlice 5112"200110:31AM filp'II(,'\AOPllrlHTp<:t\Fvnn:rt\R1.Ml'lv%?(]?? %?0?()()7\ 1;; %?nrnl\J<:::FNT%?()hr.FNnA \ 1;; ~/lhnj)()7 . ..,. Agenda Item No. 16F1 lv1ay 22, 2007 Page 3 of 6 Memorandum of Understanding Between Collier County Board of Commissioners And Emmanuel Lutheran Church I: Pumose: The purpose of this Memorandum of Understanding (MOD) 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 Emmanuel Lutheran Church. ll: Statement of Basic ResDonsibilities: 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. Recognizing the increased demand for churches, temples, and synagogues to supplement assistance and recovery to victims of both Presidentially declared or undeclared disasters and the need to work in harmony with local governments and private relief agencies, the Emmanuel Lutheran Church wishes to assist in rendering the most efficient service with a minimum of duplication to the citizens and guests of Collier County. ill: Coordination of Effort: Cooperation and coordination between Collier county Government, through its Emergency Management Department and.Emmanuel Lutheran Church at a time of major disaster and during the post-disaster recovery period should be maintained at efficient levels and is part of the purpose of this Agreement. Emmanuel Lutheran Church works on a voluntary basis as a member of the Collier Emergency Response Volunteer (CERV) Working Group, and will make a continuing effort to acquaint its members of this Agreement to assist Collier County government in carrying out mutual responsibilities for disaster relief. IV: Resoonsibilities: 1 \' Agenda Item No. 16F1 May 22, 2007 Page 4 of 6 Collier County Emergency Management Department agrees to the following: I. Notify Emmanuel Lutheran Church of the potential need to assist in activities following a disaster, and 2. Participate in and develop training in disaster response for the members of Emmanuel Lutheran Church~and 3. Assist in the development plans for Emmanuel Lutheran Church; and 4. Schedule periodic meetings and/or exercises to familiarize members of disaster preparedness or recovery initiatives; and 5. Utilize, when and as appropriate, the services of Emmanuel Lutheran Church for disaster relief and recovery projects; and 6. Whenever members of Emmanuel Lutheran Church 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 Sfailles 768.28, for its negligent acts, however, this responsibility shall not serve as a waiver of Collier County's Sovereign Immunity limits. B. Emmanuel Lutheran Church agrees to: A. 1. Provide facilities and/or staft'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 (CERVl Working Group; and 4. Participate in exercises developed by the Emergency Management Department; and 5. Provide the Emergency Management Department with an update offacility 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 paI1ies 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 organiza tionl owner/operator. 2 " Agenda Item No. 16F1 lv1ay 22, 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 Emmanuel Lutheran Church will cooperate to aid victims at the time of disaster In witness thereoC 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 (I) year renewal period, this Agreement will renew for an additional term of one (I) year unless terminated as provided in Paragraph V1. 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. VI. 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. DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Bv: Deputy Clerk By:_ , Chairman WIT~:J~ ~ ~ Print Name:-bIi('.r?2-~p/J(:-R ~RtFl? -.' S;(l),~ Print Name M~J\SS"- Se-r.,<X.t),eA- ::')e(::" . Emll1a~u~Lch By k '-ew"t-lt4 ~ \<:.e('~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this dav of ~l~ ' 2007, by (Jq-"Id Kerr as -Ff'.e;j/ oed-' of tl>tftl .j /.Jc/knu.. (i~d- He/She is [ ] personallv known to me, or D(I has produced driver's license no. Kt.oO -02'16-<13-#7-0 as identificatio~ , o ,. '. (SEAL) Approved as to form and legal sufficiency: Jennifer A. Belpedi Ass; stant County Attorney Agenda Item No. 16F1 May 22, 2007 Page 6 016 (l~b'- Y>>d~ NOTARY PUBLIC Name UA/S771/l/Cc IU/lL--Te1e 5 (Type or Print) My Commission Expires: ~":I" Conslonco w-. \"".1 Mycom_OO228:l8, ..., Expire. July 0', 2007 4 Agenda Item No. 16F2 lv1ay 22, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve an amendment to thc Certificate of Public Convenience and Necessity for NCH Healthcare System for non-emergency ambulance service. OBJECTIVE: Board of County Commissioners approval of an amendment to the Certificate of Public Convenience and Necessity for NCH Healthcare System. CONSIDERATIONS: On January 23, 2007, the Board approved a renewal of the NCH Healthcare Systems' Certificate of Public Convenience and Necessity. NCH Healthcare Systems cUlTently operates non-emergency ambulance transport under a Certificate of Public Convenience and Necessity. Collier County Ordinance No. 2004-] 2 requires that NCH Healthcare Systems armually renew its original Certificate of Public Convenience and Necessity and pay a $250 fee. Further, the renewal certificate may be approved routinely by the Board of County Commissioners upon advice of the Administrator. Subsequent to the January 23, 2007 renewaJ, NHC has requested that this permit be amended as follows: The Number of Ambulances is amended from "3 Ground Units" to "3 Ground Units; NCH will operate no less than one (1) and up to three (3) Ground Units on immediate call at all times." This amendment is being requested to allow for fluctuations in patient census. NCH has further verified that all other information contained in the renewed permit continues to be accurate and true. The permit has been reviewed by the County Attorneys Office for legal sufficiency. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Amendment to the Certificate of Public Convenience and Necessity for the NCH Healthcare System. 2, Authorize the Chailman to execute the same. PREPARED BY: Artie Bay, Operations Analyst, Emergency Medical Services ,,_.~ Item Number: Item Summary: Meeting Date: Page] of 1 Agenda Item No. 16F2 May 22, 2007 Page 2 of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F2 Recommendation to approve an amendment to the Certificate of Public Convenience and ~Jecessity for NCH Henlthcare System for non-emergency ambUlam:e service 5/V1200790000AM Dale Prepared By ArtieBny Bureau of Emergency Services Senior Administrative Assistant EMS 517120071:2"1:43PM Date Approved By JeftPage Bureau of Emargency Services EMS Chief EMS 5/1120071:S3PM Assist~nt County Attorney Date Approved By JennifllrA. Belpedio County Attorney County Attomey Office 518/20072:30PM D,'" Approved By DanE. Summers CDunty MllnaQI'!f'S Office 8uroau of Emergency Service:> DiNetor Bureau of Emergency Services 5/9/20019,21 AM Oat" Approvel! By OMS Coordinator County Manager's Office Administrative Assistant omce of Management & Budget 5/9120073:39 PM Michael Smykowski Date Approved By County Manager's Offic" Management & Budget Director Offieeof MMag'll'lHmt & Budget 5/10120071020AM Approved By JamesV.Mudd Board of County Commissioners County Manager Date County Manager's Qfflce 5111/200712:06PM file://C:\AgendaT est\Export\83-Mav%2022,%202007\] 6.%20CONSENT%20AGENDA \ 16.. 5/16/2007 Agenda Item No. 16 F2 lv1ay 22, 2007 Page 3 of 3 COLLIER COUNTY, FLORIDA AMENDMENT to Renewal of Class "2" COPCN Name of Service: NCH Ambulance Services Name of Owner: NCH Healthcare System Principle Address of Service: 2157 Pine Ridge Road. Naples, Florida Business Telephone: (239) 513-7080 Description of Service: Intrafacility and out of county transport for the NCH Healthcare System Number of Ambulances: 3 Ground Units: NCH will operate no less than one (J) and UP to three (3) Ground Units on immediate call at all times. See attachment for description of vehicles. On December 13, 2005 the Collier County Board of County Commissioner ("Board") issued a COPCN to NCH Healthcare System. On January 23, 2007, the Board issued a renewal to the COPCN that expires on December 31, 2007. The Board finds that the number of Units set forth above is sufficient to meet the public convenience and necessity. This amended permit, as provided by Ordinance No. 2004-12, shall allow the above named Ambulance Service to operate intrafacility and out of county transports for a fee or charge for the following area(s): Collier County until December 31, 2007 except that this pernlit may be revoked by the Board at any time the service named herein shall fail to comply with any local, state or federal laws or regulations. Issued and approved this day of ,2007 ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Janles N. Coletta, Chairnlan Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney Agenda Item No. 16F3 lv1ay 22, 2007 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve the after-the-fact submittal of the attached Assistance to Firefighters Grant application to the Fedcral Emergency Management Agency for the installation of powered computer mounting systems, including docking stations, to provide Mobile Data Terminal capability in Emergency Medical Services' ambulances and command vehicles for a total of $61,200. OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to submit an Assistance to Firefighters Grant (AFG) application to the Federal Emergency Management Agency (FEMA) to fund the installation of powered computer mounting systems, including docking stations, to provide mobile data terminal (MDT) capability in Emergency Medical Services (EMS) vehicles. CONSIDERATIONS: On May 2, 2007, the County Manager approved the electronic submittal of an AFG grant application, in accordance with Collier County CMA #5330 which authorizes the County Manager to approve the submittal of grant applications with subsequent BCC action at the next available Board meeting to ratify the approval as "after- the-fact." The Assistance to Firefighters Grant program typically provides only a month for development and submittal of grant applications. This year, the program was announced on March 30th with a deadline of May 4th. Furthermore, since there were several changes and new requirements since last year, staff was only able to develop the initial concept prior to this March 30th date and was not able to develop the full application in time for either of the April BCC meetings for approval. This grant was submitted by EMS to obtain funds to install powered computer mounting systems, including docking stations, in EMS vehicles. The installation of the computer mounting systems will allow emergency calls to be dispatched via computer in real time with the benefit of all call infornlation being displayed in real time, which is a decided advantage over radio communications. This will also provide a redundant method of communication in the event of radio failure in the apparatus. Patient care records will be submitted in real time, which will promote accuracy and timeliness. All medical protocols, as well as drug and incident management databases that are currently not readily available, can be downloaded as necessary to provide the most current tools available, with the added benefit of avoiding the high cost of producing paper versions as medical technologies and critical response strategies evolve. The total funds requested for this project was $61,200, $48,960 to be funded by the grant and a match of 20%, $12,240 to be funded by Collier County EMS. If awarded, staff will come back to the Board to request approval to accept the grant and a Budget Amendment to fund the County's match. ~ Agenda 118m No. 16F3 lv1ay 22, 2007 Page 2 of 23 FISCAL IMPACT: There is no Fiscal Impact at this time. However, should this grant be awarded, a Budget Amendment for Fund 491 - EMS Grants in the amount of$12,240 will be necessary to fund the 20% match. GROWTH IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners approves the after- the-fact submittal of an Assistance to Firefighters Grant application to fund the installation of powered computer mounting systems, including docking stations, for Mobile Data Terminal capability for EMS vehicles. PREP ARED BY: Artie Bay, Operations Analyst, Emergency Medical Services Item Number: tlemSummary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Page 1 of 1 Agenda Item No, 16F3 May 22, 2007 Page 3 of 23 16F3 Recommel1dat'on to approve the after.lhe.fact submitlaloithe altachedi\ssistance to Firefighters Grant application io the Federal Emergency Managemen! Agen~y lor the Irlslallatloll or powered computer mounting systel11s including docking slations, 10 provide Mobile Dala Terrninal capability III Emergency Medical Services ambulances and command vehicles fora total ofsr,1,200 5/22/200790000AM Dato Prepared By Artie Bay Bure<lu of Emergency Services Senior Administrative As"islant EMS 5/7/20071:29:29 PM Date Approved By Jeff Page Bum<lu of Emergency Servi~es EMS Chief EMS 5/7/20071:55PM Date Approved By D<:!brt.Eumm Administrative Services Assistant Grant Coordinator AdministrativeScrI;ccs 5/7/20012:J6PM Data Approved By DanE. Summers County Manager's Olfice Bureau of Emergency Services Director Bureau of Emergency Services 5/9120079:22 AM Date Approved By OMBCoordirlator County Manager's Office Administrative Assistant Office of Management & Budget 5/9/20073:40 PM Michaei Smykowski Date Approved By County Manager's Office Management 8. Budget Director Office of Management & Budget 51101200711:01 AM Approved By JamesV.Mucld BomdofCounty Commissione~ County Manager County Manager's Offi~e Date 51111200712:10PM filp,/lr.\A ('J1"t1rl~Tp<:f\FYn{)r1\51i_Mm,o;,,?n?? %?()?f)(i7\ 1 h o/,,?f)('nNS:PNT%?()A(;FNnA \ 1 f, "/1f>!?007 ~ Administrative Services Division Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 marlenefoord(iilcollierl!ov. n et (239) 774-8971 (239) 774-8720 (fax) Agenda 11em No. 16F3 May 22, 2007 Page 4 of 23 J. '-Z-'~.!.Jl TO: Jim Mudd, County Manager COl?.l%ger , .. "'(date) After-the-Fact Approval by the BeC is required at the Mav 22. 2007 BCC meeting. CC: Artie Bay, Operations Analysis, EMS Jeff Page, Chief, EMS Marlene Foordrants Coordinator FROM: DATE: May 2, 2007 SUBJECT: County Manager Review and Approval of an Assistance to Firefighters Grant Application to the Federal Emergency Management Agency Collier County Emergency Medical Services is submitting an application on behalf of Collier County to request funding to install mobile data terminals in each of the 35 Advanced Life Support ambulances, 8 command vehicles, which also respond to emergency calls, and one Special Operations vehicle. The grant request will be $48,960 and, awarded, EMS is prepared to provide a 20% match of $12,240 towards the total $61,200 necessary to fund the purchase and installation of this equipment. This grant program typically provides only a month for development and submittal of grant applications. This year, the program was announced on March 30th with a deadline of May 4th. Furthermore, since there were several changes and new requirements since last year, staff was only able to develop the initial concept prior to this March 30th date and was not able to develop the full application in time for either of the April BCC meetings for approval. Therefore, your review of the application is requested to be followed by after-the-fact approval at the May 22,2007 meeting. This application is submitted online and does not require the submittal of any signed documents. Your approval will allow me, Marlene Foord, on behalf of Jeff Page and Artie Bay in EMS to submit this application via the FEMA online application portal. Once you have reviewed the proposal, please sign in the box above and call me for pickup at 774- 8971. Thank you. Please let me know if you have any questions. Application Nwnber: EMW-2007-FO-04528 Entire Application Page I of 19 Agenda Item No. 16F3 May 22, 2007 Page 5 of 23 Overview Did you attend one of the workshops conducted by DHS's regional fire program specialist? Yes, I have attended workshop 'Are you a member, or are you currently involved in the management, of the fire department or non-affiliated EMS organization applying for this grant with this application? Yes, I am a member/officer of this applicant If you are a grant writer or otherwise not affiliated with this applicant, please complete the information below. If you are a member/officer of this applicant, please do not ccmplete the information requested below. After you are finished press the Save and Continue button below. Preparer Information . Preparer's Name . Address 1 Address 2 'City 'State 'Zip L-'--'-____/l._ _....._1.1:'.___ _ .__..Ir':._ . .-'- l~._.. It:" ,. _"'A,'.-r 1_ l' I ~ . ... '. , o (:"1..., ,,,,^A,...., Application Number: EMW-2007-FO-04528 Contact Information 'Title Prefix , First Name Middle Initial . Last Name , Business Phone 'Home Phone lv10bile Phone/Pager Fax 'Email . Title Prefix . First Name Middle Initial , Last Name 'Business Phone 'Home Phone Mobile Phone/Pager Fax 'Email " , e Alternate Contact Information Number 1 Operations Analyst N/A Artie Bay 239-530-6285 Ext. 239-530-6285 Ext. 239-530-6730 ArtieBay@colliergov.net Alternate Contact Information Number 2 County Manager N/A James Mudd 239-774-8383 Ext. 239-774-8383 Ext. jamesmudd@colliergov.net ,:' /fY ....,"\^...., ,. , . , . .-. ., , Page 2 of 19 Agenda Item No. 16F3 May 22, 2007 Page 6 of 23 ~ ,r-r:....^^r-r Application Number: EMW-2007-FO-04528 Applicant Information EMW-2007 -FO-04528 Originally submitted on 05/0212007 by Marlene Foard (Userid: marlenefoord) Contact Information: Address: 3301 Tamiami Trail E. City: Naples State: Florida Zip: 34112 Day Phone: 2397748971 Evening Phone: Cell Phone: Email: marlenefoord@colliergov.net Application number is EMW-2007-FO-04528 . Organization Name . Type of Applicant . Type of Jurisdiction Served If other, please enter the type of Jurisdiction . ;;mpl()y<;>rJd<;>ntiJiGi3tionNUm.ber , QI.,J-"LSJ'JJJmber Headquarters or Main Station Physical Address 'Physical Address 1 Physical Address 2 'City . State 'Zip Mailing Address . Mailing Address 1 Mailing Address 2 . City . State 'Zip Account Information . Type of bank account , Sank routing number - ~gigit number on the bottom left hand corner of your check 'Your account number Additional Information . For this fiscal year (Federal) is your organization No receiving Federal funding from any other grant Collier County Nonaffiiiated EMS Organization County 59-6000558 076997790 3301 Tamiami Trail E. Naples Florida 34112 - 3969 N~~!;t!J.g:IR.19L;;;IP-.:t<!i 2705 S Horseshoe Drive Suite 202 Naples Florida 34104 - 6146 N~.e.gJ1.gJQJQL~.l.E:t1.? Checking 067091719 1138577 , . . . .-. .. , Page 3 of 19 Agenda Item No. 16F3 lv1ay 22, 2007 Page 7 of 23 r''''''"''^'''....... Application Number: EMW-2007-FO-04528 Page 4 of 19 Agenda Item No. 16F3 lv1ay 22, 2007 Page 8 of 23 program that may duplicate the purpose and/or scope of th is gra nt request? . If awarded the AFG grant, will your organization expend more than $500,000 in Federal funds during your organization's fiscal year in which this AFG grant was awarded? . Is the applicant deliogyeoJ pn anv Federal debt? No If you answered yes to any of the additional questions above, please provide an explanation in the space provided below: In 2005 Collier County expended $25,489,546 in federal funds. It is reasonable to expect that Collier County will continue to expend more than $500,000 each subsequent fiscal year. Yes Application Number: EMW-2007-FO-04528 Department Characteristics (Part I) 'What kind of organization do you represent? If you answered combination, above, what is the percentage of career members in your organlzation7 . What type of community does your organization serve? . What is the square mileage of your first-due response area? . In what county/parish is your organization physically located? If you have more than one station, in what county/parish is your main station located? . Does your organization protect critical Infrastructure of the state? . How much of your jurisdiction's land use is for agriculture. wild land, open space, or undeveloped properties? . What percentage of your jurisdiction's land use is for commercial, industrial, or institutional purposes? . What percentage of your jurisdiction's land is used for residential purposes? All Paid/Career % Suburban 2025 Collier No 67 % 24% 9% . What is the permanent resident population of your Pllrrl<':Hy/Fi[~J:~u_~_Rg_~RPn~_t;tAr~gl.9Jj!JlLgi19jiQr:!~~C!~1 . How many active members does your EMS organization have that meet the minimum EMS certification standards as dictated by your jurisdiction or State? . How many stations are in your organization? 20 . How many personnel are trained to First Responder? 187 - How many personnel are trained to EMT-B level? 187 . How many personnel are trained to EMT-Ilevel? 187 . How many personnel are trained to EIv1T-P level? 137 - What services does your organization provide? Medical First Response Advanced life Support Transport Basic Life Support Non-Transport Advanced Life Support Non-Transport Basic Life Support Transport Hazmat Operational level Rescue Technical level 251000 187 Page 5 of 19 Agenda Item No. 16F3 May 22, 2007 Page 9 of 23 Rescue Operational level Vehicle Extrication Rescue Fire Suppression . What Is the total number of line of duty member fatalities in your jurisdiction over the last three years? . What Is the total number of line of duty member injuries in your jurisdiction over the last three years? . Over the last three years, what was your organization's average TOTAL operating budget? . What percentage of your TOTAL budget is dedicated to personnel costs (salary, overtime and fringe benefits )? . What percentage of your annual operating budget is derived from: Enter numbers only, percentages must sum up to 100% Application Number: EMW-2007-FO-04528 Department Characteristics {Part II} Page 6 of 19 Agenda Item No. 16F3 May 22, 2007 Page 10 of 23 2006 o 2005 2004 o o 35 27 30 16374185 80% Taxes? 60% Grants? 0% Donations? 0% Fund drives? 0% Fee for Service? 40% Other? If you entered a value into Other field (other than 0), please explain . What was the total mileage that your organization drove the vehicles in your fleet last year? . How many vehicles does your organization have in each of the types or c1asss of vehicle listed below? You must include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under contract for purchase or lease by your organization but not yet in your possession. Enter numbers only and enter 0 if you do not have any of the vehicles below. Type or Class of Vehicle Ambulances: Ambulance, EMS Transport Unit Rescue Vehicles: Rescue Squad, Rescue (light Medium. Heavy), Technical Rescue Vehicle. Hazardous Materials Unit Other: EMS Chase Vehicle, AirlUght Unit, Rehab Units, Bomb Uni~ Technical Support (Command, Operational Support/Supply). Hose Tender, Salvage Truck. ARFF (Aircraft Rescue F1refighting), Command/Mobile Communications Vehicle, Fire Boats (more than 13 feet long), Olher Vehicle 1. ,~ J I ,1 {'_ ,,.. . /'_ :r .....^"~I l' 0% 670848 Total Number of Total Number Riding Positions 35 140 o o 11 55 , . . ~J.""'J,""'A(V"" O. . L , o Application Number: EMW-2007-FO-04528 Department Call Volume Page 7 of 19 Agenda Item No. 16F3 lv1ay 22, 2007 Page 11 of 23 2006 2005 2004 " How many responses per year by category? (Enter whClle numbers only. If you have nO calls for any of the ccltegories, enter 0) Working Structural Fires 0 0 0 EMS-BLS Response Calls 12795 12086 16340 EIv1S-ALS Response Calls 29385 27407 19212 EMS-BLS Scheduled Transports 0 0 0 EMS-ALS Scheduled Transports 0 0 0 Vehicle Accidents w/o 0 0 0 Extrication Vehicle Extrications 0 0 0 Other Rescue 0 0 0 Hazardous Condition/Materials 38 16 11 Calls Total calls requiring transport, exclusive of scheduled transport 23004 21954 19976 declared above All Other Calls and Incidents not declared above, including fire, 0 0 0 good-intent, etc. Total 65222 61463 55539 . Please indicate the number of times your department provides or receives mutual aid. Do not include first-due responses claimed above. In a particular year, how many times does your organization 0 0 0 receive mutual/automatic aid? In a particular year, how many times does your or9anization provide mutual/automatic aid? o 1 1.. /I ,1 r ,~ ,~ Application Number: EMW-2007-FO-04528 Request Information Page 8 ofl9 Agenda Item No. 16F3 lv1ay 22, 2007 Page 12 of 23 . 1. Select a program for which you are applying. If you are interested in applying under both Vehicle Acquisition and Operations and Safety, and/or regional application you will need to submit separate applications. (If yOll modify your selection, you will lose data entered under the original activity,) Program Name Operations and Safety . 2. Will this grant benefit more than one organization? No If you answered Yes to Question 2 above, please explain. . 3. Enter Grant-writing fee associated with the preparation of this request Enter 0 if there is no fee. $0 Request Detaiis The activities for program Operations and Safety are listed in the table below. Activity Number of Entries Equipment 1v10dify Facilities Personal Protective Equipment Training Wellness and Fitness Programs o o o o Total Cost $ 61,200 $0 $0 $0 $ 0 Additional Funding $0 $0 SO $0 $0 Grant-writing fee associated with the preparation of this request. $0 EMS Equipment '1. What equipment will be purchased with grant funds? Other If you answered other, above, please specify Installation of powered computer mounting systems '2. Number of units 45 (whole number only) '3. Cost per unit $1360 (whole dollar amounts only) '4, What is the reason for this equipment purchase? '5. Will this equipment bring you into compliance with State or Federal or local protocols standardslregulations? '6. Up to what level of patient care will this equipment bring your department? Upgrade service N/A EMT-P Budget , ,.r_ Ir" ,/' 1('" ,....A".-.,/ ,. , . . () " ~ n._ __ ,... ~!"I"'A('I''''l Application Number: EMW-2007-FO-04528 Page 9 of 19 Agenda Item No. 16F3 lv1ay 22, 2007 Page 13 of 23 SUdg'C't Objectq?~~ a. Personnel b. Fringe Benefits $ 0 $0 $0 $ 61,200 c. Travel d. Equipment e. Supplies $0 f. Contractual $ 0 h. Other $0 $0 $0 g. Construction i. Indirect Charges Federal and Applicant Share Federal Share Applicant Share Federal Rate Sharing (%) ;. N~IJ.:E~Qer1!LB?_~JJf.c_e~ (The combined Non-Federal Resources must equal the Applicant Share of $ 12,240) a. Applicant b. State $ 48,960 $ 12,240 80/20 c. Local d. Other Sources If you entered a value in Other Sources other than zero (0), include your explanation below. You can use this space to provide Information on the project, cost share match, or if you have an indirect cost agreement with a federal agency. $ 12,240 $0 $0 $0 Total Budget $ 61,200 , .. . , r ,~ ". ,(- , . . n. . . ,__ ~_ ~1....1,...^n..., Application Number: EMW-2007-FO-04528 Page 10 of 19 Agenda Item No. 16F3 May 22, 2007 Page 14 of 23 Narrative Statement Project Description . Please indicate which of these Target Capabilities your request outlined in this application will satisfy. Check all that apply: Emergency Medical SeNices . Please provide your narrative statement in the space provided below. Include in your narrative, details regarding (1) your project's description and budget, (2) your organization's financial need, (3) the benefit to be derived from the cost of your project, and (4) how the activities requested in your application will help your organization's daily operations and how this grant will protect life and property. Collier County EMS is a non-affiliated emergency medical services provider for all of Collier County, Florida, which is the largest county in the state, encompassing 2025 square miles. Collier County is located on the southwest coast of Fiorida with a permanent population of 251 ,000. Approximately 20,000 workers increase the population each day. In addition, the moderate climate, miles of beaches, three airports and numerous marinas attract a multitude of visitors each day, swelling the population level during peak season. This EMS agency responded to 42,180 calls for emergency medical services in FY 2006 and provided 23,004 transports. Emergency medical seNices are provided to the County via 167 full-time Paramedics and EMTs, along with 12 fieid supervisors. Project Description and Budget: This grant request is respectfully submitted to provide $48,960 for the installation of mobile data terminals for each of our 35 Advanced Life Support ambulances, 8 command vehicles, which also respond to emergency calls, and one Special Operations vehicle. Collier County will match 20% ($12,240) of the total $61,200 necessary to fund the purchase and installation of this equipment. We expect a turnaround time of approximately 6 weeks to order and install the necessary hardware, 2 weeks to download the various software and databases and another 2 weeks to train field personnel on the use of the systems now available to improve their response time and make them more efficient. It is anticipated that the project could be completed within three months of an award of grant funds. In a recent risklneeds analysis it was determined that the installation of mobile data terminals (MOTs) will enhance our daily operations on many levels. First and foremost, response times will be reduced due to computer aided dispatch. Having calls dispatched via computer in real time and having complete call information displayed in real time offers a decided advantage over radio communications. Patient outcomes will improve due to better coordination and control of information between agencies, especially in cases of multiple transports from a scene with several responding agencies. Patient care records Can be submitted in real time, which will promote accuracy and timeliness. An added and desirable byproduct of Iv1DT capability will be having a redundant method of communication in the event of radio failure within the apparatus. Additionally, the installation of MDTs will offer the capability to provide easy access and efficient updates to medical protocols, the Pharmaceutical Database (for quick reference in the event of drug overdose) and WMo/Pandemic/Mass Casualty Databases. We will also have the ability to reference DOT Emergency Response Guidelines, Cameo and Aloha for HazMat and WMD response. Having these tools immediately available to all units will provide immensely superior incident management for staging specialized incidents such as HazMat, WMD or an incident of CDC significance. Access to mapping and automatic vehicle locator systems is particularly desirable for hurricanes and other catastrophic events where street signs and landmarks have been destroyed. Not only will this capability provide safety for the responders, but aid them in locating victims In a timely manner when every second can count in saving a life. Finally, there is a state mandate for critical facilities to provide site plans, access/egress information, number of floors in buildings, the population of the site and other pertinent information to emergency responders. The receipt and content of this information is limited and haphazard at best. By making this information available via computer, an organized, complete portrayal of such facilities may be maintained. . , c ,~ . ,. II'- ......,..,....,/ 1. I ~ < u ,... ._~__ '- L__ _ 0 f:1"TV\f\f\'"7 Application Number: EMW-2007-FO-04528 Page 11 of 19 Agenda Item No. 16F3 lv1ay 22, 2007 Page 15 of 23 The award of this grant will greatly enhance our department's ability to provide emergency medical services to the citizens we serve. It will also aid in our ability to address all hazards in the timeliest manner, protect our population and our first responders, and benefit the surrounding regions through mutual aid. Financial Need: Slightly over 80% of the Collier County EMS budget is to cover personnel costs. The remaining 20% is utilized to cover operating costs and capital purchases to replace worn equipment. The budget is largely dependent on revenue. With the majority of the county being agricultural, there is a large infIux of both a migrant population and indigent patients. As such, Collier County experiences a high volume of write-offs for ambulance services. As the revenue decreases, the offsetting funds must come from ad valorem taxes, which are already strained due to the growth of the area and demands on the infrastructure of the County. In addition, the unknown outcome of the Florida legislature's decision to reduce property taxes may have a significant affect on available funds through ad valorem taxes. Cost/Benefit: The funds requested will allow us to benefit from computer aided dispatch and not be solely reliant on radio communications to improve our response times and performance. The benefit of having protocols and databases available in real time will allow our responders to be able to respond quickly and effectively with up to date information. This also will negate the risk of hardcopy materials, such as protocols, being removed from a vehicle, putting a patient/victim at risk. All protocols and databases will be downloaded as necessary to provide the most current tools available, with the added benefit of avoiding the high cost of producing paper versions as medical technologies and critical response strategies evolve. In addition, Collier County provides mutual aid to counties throughout the state, as well as neighboring states for catastrophic events such as hurricanes. The vehicle locator and GPS capability will make their movements more efficient and will also provide a level of safely to the crews. In addition, when offering mutual aid for a catastrophic event, having access to pertinent databases via computer will enhance our ability to assist. Finally, a very simple and obvious benefit will be the safety of the laptops themselves. Being mounted in the vehicle will reduce the chance of being dropped as they are repeatedly carried in and out of the ambulance. Effect on Daily Operations: If awarded this grant through the assistance of the U. S. Department of Homeland Security, Collier County Emergency Medical Services will be able to assure thaI 100% of our medics and field commanders have the tools via mobile computer access to respond to medical emergencies on a more timely basis, respond to and effectively stage scenes for catastrophic incidents, and offer mutual aid to the region in a safer, more efficient and cost effective manner. * Please describe all grants that you have received from DHS including any AFG grants received from DHS or FEMA, for example, 2002 AFG grant for vehicle or 2003 ODP grant for exercises. (Enter "N/A" if Not Applicable) 9/13104 Emergency Management Preparedness and Assistance Grant (EMPA) - Operating 10/10/06 Emergency Management Preparedness and Assistance Grant - Program 111105 Emergency Management Preparedness and Assistance Grant - Program 3/11/03 Citizens Corps Sub-Grant Program - Operating for Emergency Management 1128/05 Assistance to Firefighters Grant Program - Fire apparatus for Isle of Capri 1/3104 Assistance to Firefighters Grant Program - FY03 - Firefighting equipment for Ochopee 7/1104 State Homeland Security Grant Program (SHSGP) 2004-2005 - Program and plans 3/8107 Assistance to Firefighters Grant Program - Equipment 1124/06 State Homeland Security Grant Program FY 06 -Planning, training, equipment for Emergency Management 1~....._~.j!_...._,,1 +............... ...r....,/+:~.""n->...........f-/.;".....I+;...a'1(){Y7/.,.t'il.....l;,.~t~r.1.../,"\...;t'\t '::Inn ;cn')nrint=h'lP.Rr~nn nl1 ".17 nOO? Application Number: EMW-2007-FO-04528 Page 12 of 19 Agenda Item No. 16F3 May 22, 2007 Page 16 of 23 3/3/05 Law Enforcement Terrorism Prevention Program - Equipment for Water Department Security Upgrades , " ,,- "'AI''''.''' ,. , . , . '" ',. n r 1..../,............., Application Number: EMW-2007-FO-04528 Page 13 of 19 Agenda Item No. 16F3 May 22, 2007 Page 17 of 23 Assurances and Certifications Form 20-16A ", ""~~",,,,~',,.,,,,."..",,,~,. '. "<~''''U''.'~ """"'.0... '."'_,^""..~.,_,~,_,,"__'A_",._.'" ,_, ......".,...'"",..,,,.~,"~,,..~~...m_._.._..',,,..~^,..,,..,.. ,"."''''''_''u'__--' "-,,,_ ~'. ....;.,,__"'._....H'""'_""'_,~".. ...~,.-.__.. You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an . are required. Assurances Non-Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assislance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 US.C. Sections 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 and 290-€e-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 USC Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform 1 H _ 11._ -,-_1.L'_ ,~ ,/'_ II": ",",ro...,t l' ,...."_-,- _ 0"'\ _ _ __ ~ _ 0 CI'"1,..-"l"\n,...., Application Number: EMW-2007-FO-04528 Page 14 of 19 Agenda Item No. 16F3 lv1ay 22, 2007 Page 18 of 23 Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.SC. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally assisted construction sub agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1 969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 USC. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93- 523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 USC. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.SC. 469a-1 et seq.). 14. Will comply with P .L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89"544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.$.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours prOVisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. L._,- _ __ II '- 1 r. __II:" ./' If" -"\r\"""'/ "_ " 1_.' L ,"\.. . ~ .. '- _ _ n. _ rl~I"'Ar\" Application Number: EMW-2007-FO-04528 Signed by Marlene Foord on 05102/2007 L.I..L__.IL__..L_lr'_____ ______IL~_.__.____L'~__I~ __"""0\,''''''1_ __1~_ L __I.___',.L ___.. ..n .._~ Page 15 of19 Agenda Item No. 16F3 lv1ay 22, 2007 Page 19 of 23 _ n.___ C ''"I'....,'A,..., Application Number: EMW - 2007 - FO-04528 Pagel60fl9 Agenda Item No. 16F3 lv1ay 22, 2007 Page 20 of 23 Form 20-16C You must read and sign these assurances by providing your password and checking the box at the bottom of this page, Note: Fields marked with an * are required. Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug-Free Workplace Requirements. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 44 CFR Part 17, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Homeland Security (DHS) determines to award the covered transaction, grant, or cooperative agreement. 1. Lobbying A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons (entering) into a grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigne<J to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering Into of any cooperative agreement and extension, continuation, renewal amendment or modification of any Federal grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contract(s)) and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.51 O-A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a pubiic (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerate<J in paragraph (1 )(b) of 1.. 1/ .,.... ,,- ,'" '("" .............._, ~,....,^,,^.... Application Number: EMW-2007-FO-04528 Page 17 of 19 Agenda Item No. 16F3 lv1ay 22, 2007 Page 21 of 23 this certification: ar1d (d) Have not within a three-year period preceding this application had one or more public trar1sactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees other thar1 individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A) The applicant certifies that it will contir1ue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grar1tee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishir1g an on-going drug free awareness program to inform employees about: (1) The dangers of drug abuse ir1 the workplace; (2) The grantees policy of mair1tair1ir1g a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistar1ce programs; and (4) The per1alties that may be imposed upon employees for drug abuse violations occurring ir1 the workplace; (c) Making it a requirement that each employee to be engaged in the performance of 1he grant to be giver1 a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employmer1t under the grant, the employee will: (1) Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such ccnviction. (e) Notifyir1g the agency, ir1 writing within 10 caler1dar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, ir1c1udir1g position title, to the applicable DHS awardir1g office, i.e, regior1al office or DHS office. (f) Taking one of the following actior1s, against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and includir1g termination, consistent with the requiremen1s of the Rehabilitatior1 Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcemer1t or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). L.lL____II__ ___'-_1 .c_ Hf~__ , I~ 1("' _ '"1.,,'V""/ f _ 1 ~ _ I... , <-- " ~11""f1""I'\A_"" Application Number: EMW-2007-FO-04528 Page 18 of 19 Agenda Item No. 16F3 May 22, 2007 Page 22 of 23 (6) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance Street City State Zip Action If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a Slate may elect to make one certification In each Federal fiscal year. A copy of which should be included with each application for DHS funding. States and State agencies may elect to use a Statewide certification. Signed by Marlene Foard on 05/02/2007 1~,,-,,-_~_.11.. __-,-_1 .c_____ ___.Ii::..___.___...f:_.. Ir:.._"'\(\r.~f._..___l~ _~~: _.. lu ___ _.... :___,,____:...I._.L____ 0______ _~._ t:1r'/!,",>f\fV"'I Application Number: EMW-2007-FO-04528 FEMA Standard Form LLL Page 19 of19 Agenda Item No. 16F3 lv1ay 22, 2007 Page 23 of 23 Only complete if applying for a grant for more than $100,000 and have lobbying activities. See Form 20-16C for lobbying activities definition. This form is not applicable t...j....~~.11........-...~1 c~........~ ._..... .1r._'~'._'H_...I: ~_ !.c:__"lf\l\'"1/___1: ~....: _._ /._...:..... __+_; _4_"_._':'+~"--"'____ 0_ __._ .__. c/..., lnof\t\'"1 Agenda Item No. 16F4 May 22, 2007 Page 1 of 78 EXECUTIVE SUMMARY Recommendation to approve the outsourcing of Emergency Medical Services (EMS) billing functions to Automated Data Processing, Inc. (ADPI) by piggybacking on the Seminole County Agreement #RFP-0780-05/TRJ for an estimated additional cost of $273,019 in FY 08, resulting in a projected increase in gross revenues of $1,296,270 in FY08 (the first full year of implementation). OBJECTIVE: The Board of County Commissioners approve the piggybacking of the Seminole County Agreement with ADPI for outsourcing EMS Billing to ensure more efficient and effective collection processes, resulting in increased revenues and decreased dependence on the general fund, CONSIDERATIONS: Current staffing and expertise levels are not sufficient in order to bill and return a consistent revenue stream from the EMS calls. Currently staff is approximately 30 days behind in coding the EMS calls, which translates into at least a 30 day delay in revenue collection. In addition, the processes used to identifY payers (insurance companies, Medicare, etc.) are manual, time consuming and laborious, further reducing staffs ability to optimize collections on the existing billings. This is evidenced by the overall lower than desired collection percentage of billed revenues and the inconsistent billings and collections observed. In addition, the medical coding function requires a great deal of specialized training and experience in order to achieve efficiency and it is very difficult for a County operation to train, retain and manage this specialized resource. Therefore, in order to maximize and consistently receive revenue, outsourcing the majority of the billing and collection functions to ADPI is recommended. Here are the projected revenue impacts. Total Gross Revenue with ADPf Improvements $16,000,000 $14.000,000 $12,000,000 $10.000,000 $8,000,000 $6,000,000 14.000,000 $2,000,000 So . Total Collier Projected ReverlU II Total ADPI Projected Revenue Gollier "Bottom~line" Net Re'fflue Increase (after ADPI fees and internal Collier costs) $1,800,000 $1,600,000 $1.400,000 $1.200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 " 2007 200S 2009 2010 2011 (partial year with ADPI) The cost of collections remains essentially stable (7.2% in 2006 vs. 7.4% in future years). In FY 08 the additional cost is $273,019, returning a gross revenue increase of nearly $1.3 million over what Collier projects it could have collected, This represents an approximate 475% gross revenue gain on the additional expense. This pattern continues throughout the projection period with gross revenue gains on the additional expenses of between 473% and 554% in various fiscal years. ADPI offers a set of professional EMS billing and collection services that can allow Collier County to increase revenues, achieve a greater collection percentage, bill and receive funds on a more timely and consistent basis, and lend an expertise to the entire set of functions that a small entity Agenda Item No. 16F4 May 22, 2007 Page 2 of 78 like Collier County's EMS simply cannot afford to create and maintain. The most important benefit is that by outsourcing the billing and collection functions, Collier County EMS staff and management can direct more focus to their mission critical business of saving lives. The ADPI proposal requires two positions be retained to support the ADPI process. The retained staff functions would include quality assurance and hospital liaison work, as well as customer service for those customers who pay bills and receive service locally. Further, revenue management will still be a key function in order to analyze and distribute financial reports, perform process and fmancial control and reconciliation functions, act as the main liaison with ADPI, and generally oversee the entire arrangement. :Current 'Po.sifions With ADPI'lProposal Revenue Manager Retained Fiscal Tech Retained Fiscal Tech Eliminated - vacant Fiscal Tech Eliminated Fiscal Tech Eliminated Fiscal Tech Eliminated ODerations Analvst Eliminated Job Bank Eliminated Job Bank (half time) Eliminated Total 8.5 FTE 2 FTE ADPI currently services 49 customers in the State of Florida, including Seminole, Lee and Miami Dade Counties. Since Seminole County had recently completed the RFP process and received responses from seven firms, ultimately selecting ADPI as the most qualified responder, it was determined that the most timely and cost effective manner in which to outsource Collier County's EMS billing and collection would be to piggyback on the Seminole County RFP. The Purchasing Department has reviewed the documents for the piggyback with Seminole County and is in agreement with that recommendation. The Agreement between Collier County and ADPI will be reviewed by the County Attorney's Office for legal sufficiency. A copy of the final staff report is attached to this Executive Summary and provides more details concerning the analysis and recommendation. FISCAL IMPACT: Funds are available in EMS Fund 490 for FY 07 and the Office of Management and Budget will make the necessary adjustments in the FY 08 proposed budget currently being developed. For an estimated additional cost of $273,019 in FY 08, there is a projected increase in gross revenues of $1,296,270 in FY08 (the first full year of implementation). Please note additional revenue dollars collected directly reduce reliance on general fund allocations. GROWTH IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDA nON: That the Board of County Commissioners approves: 1. Piggybacking on the Seminole County Agreement dated August 22, 2006 to out source certain functions of EMS billing and collections; and, 2. Authorize the Chairman to execute the Agreement with ADPI for Collier County. PREPARED BY: Jeff Page, Chief, Emergency Medical Services Item Number: Item Summary: Meeting Date: Page 10f1 Agenda Item No. 16F4 May 22. 2007 Page 3 of 78 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F4 Recommendation to approve the outsourcing of Emergency Medical Services (EMS) billing functions to Automated Data Processing, Inc (ADPI) by piggybacking on the Seminole County Agreement #RFP-0780-05rrRJ for an estimated additional cost of $273.019 in FY 08. (Psulting ina projected Increase in gross revenues ofS1.296,27 OinFY08(lI"1eflrslfullyearof Implementation) 5122120078 00 00 AM Date Prepared By Jeff Page Bureau of Emergency Services EMS Chief EMS 519120074:47:10 PM Date Approved By Jeff Page Bureau of Emergency Services EMS Chief EMS 5/9120074;50 PM Date Approved By Scott Johnson Administrative Services Purchasing Agent Purchasing 5110120072:49 PM D,'" Approved By Mike Hauer Administrative Services AequisitionManager Purchasing 5110120073:01 PM Date Approved By LynWood Administrative Services Purchasing Agent Purchasing 5/10120073:28 PM Date Approved By SteveCamell Administrative Services Purchasing/General SvcsDirector Purchasing 5/10120073:55 PM Date Approved By Dan E. Summers County Manager's Office Bureau 01 Emergency Services Director Bureau of Emergency Services 5110J:20Q74:1SPM Date Approved By OMB Coordinlltor County Manager's Oflic€- AdministriltiveAssistant Office of Management 8; Budget 5/11120078:20 AM Dale Approved By Sherry Pryor County Manager's Office Management & Budget Analyst OWe!! of Management & Budget 5111/20071:20 PM Date Approved By Michaelsmykowski County Manager's Office Management & Budget Director Office of Management & Budget 5/11120073:47 PM D,'" Approved By James V. Mudd Board of County Commissi<mers County Manager County Manager's Office 5112120079:06 AM +:l~.l/r.\ ^ ~~_..:l_T'__~\T:'..__....\o.., ~ A___O,.."",,", 0''"''''"'''1"\..,' '" n'''''',",,,,,,-..TC"'r-''''T'n/,",''. nT'....,.......'." Co~r County - ~ - Agenda Item No. 16F4 May 22, 2007 Page 4 of 78 TO: FROM: RE: DATE: Chief Jeff Page, Director, EMS Kim Grant, Senior Management and Operations Consultant Advanced Data Processing, Inc. (ADPI) Outsourcing Proposal April 30, 2007 Background Current staffing and expertise levels are not sufficient in order to bill and return a consistent revenue stream from the EMS calls. Currently staff is approximately 30 days behind in coding the EMS calls, which translates into at least a 30 day delay in revenue collection. In addition, the processes used to identify payors (insurance companies, Medicare, etc.) are manual, time consuming and laborious, further reducing our ability to optimize collections on the existing billings. This is evidenced by the overall low collection percentage of billed revenues and the inconsistent billings and collections observed. In addition, the medical coding function requires a great deal of specialized training and experience in order to achieve efficiency and it is very difficult for a County operation to train, retain and manage this specialized resource. Please understand the staff members involved are very dedicated (many work substantial overtime) and work as best they can in the existing situation. And, the department has made numerous improvements over the last few months. It is estimated that at least one additional FTE would be required in order to bring the situation into a current status. It is also assumed that an investment in technology would likely be needed to reduce or eliminate many of the manual steps currently involved. The assertion is being made that management and staff expertise consistent with effectively running a medical billing and collection department is not a core competency of an EMS department. This assertion and above set of circumstances led to evaluating outsourcing alternatives for handling the billing and collection function. The staff in EMS evaluated some options and eventually began serious discussions with ADPI to consider outsourcing the billing and collection functions. ADPI currently services 49 customers in Florida including Seminole, Lee, and Miami Dade Counties. Please see attached Case Studies document for more details. This analysis compares the existing ability of Collier County with the proposed ability of ADPI to effectively handle billing and collection functions for Collier County EMS. Analysis Based on the analysis performed, it is recommended to outsource components of the EMS billing process to ADPI. In order to summarize this transaction, the following is provided: (1) high level process view and changes from the transaction, (2) revenue projections, (3) staffing summary, and (4) cost benefit analysis. There are 2 major components to the billing and collection process: the field activity (7.6 FTE, or $459,000 annually) and the administrative coding, billing and collection activity (8.6 FTE, or $579,000 annually). The ADPI proposal does not affect the field components of the process, however, evaluating ADPI's electronic field system as a future option is recommended. Agenda Item No. 16F4 May 22, 2007 Page 5 of 78 EMS Billing Major Steps being Removed with ADPI Proposal X = ADPI will do entirely, with some coordination to Collier County EMS ADPI's proposed value addition is to increase revenue over Collier County's projections, via systems that replace some of the manual coding process supplemented by certified medical coders, transition of self pay revenue to insurance revenue, increase in Medicare collections and a shift in billing levels of service from non emergency to emergency level of service classification resulting in higher projected collections in this category. Further, they propose to take our old accounts receivable "book" and collect as much as possible. This plan on old receivables is built into the financial model, with revenues being received in 2007 and 2008. Total Gross Revenue with ADPllmprovements $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $- 2006 Base Year 2001' 2008 2009 2010 2011 . Total Collier Projected Revenue iii Total ADPI Projected Revenue It is important to note that collections projected by Collier County and by ADPI on behalf of Collier County are substantially lower than the original budget for FY 2007. The budget has now been adjusted from $ 12.4M to $ 9.7M for FY 2007 and proposed as $ 9.9M for FY 2008. There 2 Agenda Item No. 16F4 May 22, 2007 Page 6 of 78 are two primary factors contributing to this reduction. In the first six months of FY 07, helicopter transports were down nearly 50% of what was projected for that time period, accounting for about $700,000 of the difference. The EMS helicopter is aging and has experienced more down time for repairs than in the previous year. Also, the EMS billing section has had a coding vacancy for the past two months and is currently a month behind in getting billing statements out (close to $2M in unbilled revenue). Should the ADPI proposal be accepted as currently proposed, the FY 2008 budget would need to be adjusted to match their gross projections of $11.1 M. Utilizing ADPI services results in a marginally higher cost of collections (7.2% in 2006 compared with about 7.4% with ADPI), however, on a net basis revenue increases between $1 M and $1.6M annually for the projection period. Collier "Bottom-line" Net Rewnue Increase (after ADPI fees and internal Collier costs) $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $- 2007 2008 (partial year with ADPI) 2009 2010 2011 This proposal requires 2 positions to be retained to support the ADPI process. After a detailed analysis of current and future duties it was determined the staffing level going forward will likely be 2.5 FTE's. However, EMS management has agreed to handle the on-going process with 2 FTE's and has agreed to additional staffing cuts from non billing dedicated staff to keep the overall cost of collections in line with today's levels. The recommended resulting staffing level is consistent with other ADPI customers that are about our size. The retained staff duties are as follows: . Quality assurance and hospital liaison: review and correct patient care report (PCR) information prior to ADPI transmittal, retrieve information from hospitals and provide to AD PI . Customer service: walk-ins, refunds, records/legal requests, customer calls, revenue posting . Revenue manager: oversee other staff, analyze and distribute financial reports, perform process and financial control and reconciliation functions, main liaison with ADPI, problem resolution, customer service 3 Agenda Item No. 16F4 lv1ay 22, 2007 Page 7 of 78 The net affect is a reduction in 5 full time staff members (4 from billing and 1 additional employee) and 2 job bank employees (one at half time). A target date of 10/1/07 has been established for staff transition in order to allow for the additional work associated with the transition to ADPI to occur, and to provide time for staff to become otherwise employed. Staffing/Position Summary Current Positions With ADPI Proposal Revenue Manaaer Retained Fiscal Tech Retained Fiscal Tech Eliminated Fiscal Tech Eliminated Fiscal Tech Eliminated Fiscal Tech Eliminated Ooerations Analvst Eliminated Job Bank Eliminated Job Bank (half time) Eliminated Total 8.5 FTE 2 FTE 4 ""'''-CO l!..O"- (00..... ~NO " N~CO ZN(!) 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Q) (/) .!: "' .c C o E '" " .2 :;; t Q) "' .!: -0-' c C '" Q) Q) ~ '00) :EO> "' '" Q) C :: .Q 0- III ~ fi>'~ .sQ) a:";. ro1ij 'OQ) Q) C i(J '" 0) Q) 005 :;; al ill ~ . Q) Q) .~ 1il 2: Q) '" " o " .!!l 1il E .c OJ ::l o E 'D Q) > Q) E " '" Q) .0 '0 :; o '!: '" " o t5 ~ o " ~ o Q) E ::l o > C Q) Ul '0; " o " '" 1il E '0 Q) E OJ "' "' '" .!!l '" c;; "' o c. o ~ c. .!!l E '0 "' Q) "' o c. ~ OJ C. ~ o I.l. . . Agenda 11em No. 16F4 lv1ay 22, 2007 Page 10 of 78 Process and Control Considerations If ADPI is selected, detailed discussions on process and systems will be immediately initiated. It has already been determined that no additional software or hardware will be required to support the transition, but there is likely to be some programming and revision to uploads and data transfers in order to create a smooth process. All Collier County internal processes will need to be revised/developed such as the precise quality control steps that take place prior to the data transfer to ADPI, the timing of same (billing staff will work 5 days a week but EMS services are provided 7 days a week and we want to get the data to ADPI as soon as possible), procedures with hospitals, etc. It is also anticipated that a review of the field processes will be required in order to shorten that timeframe as much as possible as well as take on more quality control steps. We expect ADPI to provide guidance based on their experience with other customers. In addition, in conjunction with ADPI, we will need to develop control measures for all major steps of the process and develop/understand periodic reporting. Collier County needs to maintain a level of expertise to oversee this outsourced arrangement, and developing effective controls and reporting at the outset will greatly assist in meeting this objective. Finally, ADPI will perform training of the field staff to reinforce the need to collect as much good data in the field as possible in order to bill and collect at the highest possible ratio. Summary It is difficult to maintain the appropriate level of staff and expertise to run a medical billing and collection "business" at Collier County. The mere fact that the EMS services are a 24/7 set of services and our billing and collection staff are a regular 8 hours 5 days a week operation results in process bottlenecks. ADPI offers a set of professional EMS billing and collection services that can allow Collier County to increase revenues, achieve a greater collection percentage, bill and receive funds on a more timely and consistent basis, and lend an expertise to the entire set of functions that a small entity like ours simply cannot afford to create and maintain. The most important benefit is that by outsourcing the billing and collection functions, Collier County EMS staff and management can direct more focus to their mission critical business of saving lives. Collier County has performed due diligence in the review of the ADPI proposal and has received nothing but positive comments from other jurisdictions using their services. In addition ADPI boasts a long term relationship with almost every client that makes the decision to utilize their services. For more information on ADPI and their client base, please refer to the entire proposal document. Based on the analysis and findings presented, it is recommended to outsource the EMS billing function to ADPI and to reduce the associated staff level from 7.85 to 2 as outlined herein, beginning as soon as possible and taking full effect no later than 10/1/07. It is further recommended to build into the contract checkpoints to evaluate whether ADPI is performing as expected and make adjustments accordingly. Finally, if outsourcing is selected it must be 7 Agenda Item No. 16F4 lv1ay 22, 2007 Page 11 of 78 recognized that, should the need arise, it will be difficult and costly to re-build an internal organization to handle EMS billing and collection services. Acknowledgements An analysis of this type relies on a successful team approach. This analysis relied heavily upon and could not have been completed without candid cooperation and involvement of staff at all levels within the EMS billing and collection departments. In fact, a great deal of work had been completed by staff prior to my involvement. This was a time consuming and intricate task and their assistance, extensive background work and truthfulness is to be commended. Difficult examinations of this nature can be uncomfortable and occasionally uncover less than favorable conditions. Management and staff approached this with integrity and a genuine interest in understanding the situation and searching for the right solution for Collier County. In addition, staff in the budget office was extremely helpful in identifying financial components of the analysis, and providing guidance in projecting revenue based on past and current billing and revenue streams. Finally, ADPI executive staff is mentioned for their patient and repeat explanations of the details of their projection models so that Collier County was able to perform a fair and equitable assessment of the value of their services. Their efforts demonstrate both a deep understanding of their business and a commitment to excellent customer relations that is expected to continue into the implementation phase and beyond. 8 Agenda Item No. 16F4 May 22, 2007 Page 12 of 78 ADPI Client Case Studies ADPI has been selected by many city and county agencies as the vendor of choice for its EMS billing and collections. We have transitioned from previous vendors, in-house billing, hospital-based operations as well as assisting in the start-up of new agencies never having transported or billed previously. The following are just a sampling of some case studies where we dramatically improve the agencies bottom-line revenue. This actually is not uncommon due to our business focus and superior, results-driven processes and technology_ Lee County, FL ADPI assisted Lee County as one of several Florida clients who were subject of a vendor performance problem. In January of 2000, ADPI immediately began transition and billing, and increased monthly collections from an average of about $430,000 (previous vendor's performance) per month to an average of over $640,000 per month, a 32% increase compared to the previous year's performance. ADPI helped the County realize a revenue increase of about $2.5 million in the first year alone. In a following year the County budgeted an income of about $9.1 million dollars while ADPI produced over $ I I million. Since that time, ADPI has gone on to exceed expectations and during the last fiscal year, ADPI averaged monthly collections of over $1.27 million, resulting in record EMS revenue of $15,276,255 for fiscal year 2006. City of Jacksonville, FL (Duval County) In 1997, ADPI presented to the City of Jacksonville a new billing and collection philosophy that promised to dramatically improve the City's EMS transport revenue. The City was willing to try a new approach but would have to go to competitive process. We competed for the City's business and were selected. Within a matter of months we proved to the City our ability to deliver results increasing monthly collections from an average of $306,000 (previous vendor's performance) per month to an average of over $520,000 per month, a 70% increase compared to the previous year's performance. ADPI helped the City realize a revenue increase of close to $2.5 million dollars in the first year alone. Since that time, ADPI has continued (0 exceed expectations year-over-year now producing average monthly revenue in fiscal 2006 of over $970,000 ending the fiscal year with $1 1,683,678 in armual transport revenue. 9 Agenda Item No. 16F4 lv1ay 22, 2007 Page 130178 Palm Beach County, FL ADPI assisted Palm Beach County as a Florida client who had experienced a vendor performance problem. In January of 2000, ADPI immediately began transition and billing, and increased monthly collections from an average of about $300,000 (previous vendor's performance) per month to an average of over $432,000 per month, a 30% increase compared to the previous year's performance. ADPI helped the County realize a revenue increase of nearly $1.6 million in the fIrst year alone. During the last complete fiscal year, ADPI averaged monthly collections of over $638,000, resulting in EMS revenue of $7,660,640 for fiscal year 2006. Polk County, FL ADPI presented to Polk County in 2000 the benefits of outsourcing versus performing their billing through the use of in-house staff. The County decided to go with ADPI beginning in March, 2001. The solution we provided allowed for continuance of the Polk staff having them focus on EMS operations instead of billing. Within a matter of months we proved to the County our ability to reliably deliver results. Since 2001, ADPI has increased monthly collections from an average of nearly $480,000 per month to an average of over $1,069,200 per month. ADPI now manages the billing and collections of over 53,000 arumal transports for Polk County collecting record revenue for fIscal year 2006 of $13,366,086. City of Pompano Beach, FL ADPI was selected to be the EMS billing and accounts receivable vendor for the City of Pompano Beach in April of 1994. Upon selection, ADPI immediately launched our new client implementation plan and in the first year, increased monthly collections from an average of $73,000 (previous vendor's performance) per month to an average of over $100,000 per month, a 40% increase compared to the previous year's performance. ADPI helped the City realize a revenue increase of close to $350,000 in the first year alone. Since that time, ADPI has gone on to exceed expectations and during the last fiscal year, ADPI averaged monthly collections of over $830,000, resulting in record EMS revenue of over $10 million for fiscal year 2005. 10 Agenda Item No. 16F4 May 22, 2007 Page 14 of 78 Recent transition of In-house billing agencies Just within the last year, ADPI was selected by several other agencies in Florida who were performing in-house billing. Palm Beach Gardens was won through competitive process; Delray Beach and Fort Myers Beach were won through camp-on contracts. These agencies and others will tell you about our professionalism, courtesy and responsiveness, level of expertise, and ability to produce results. All of these are new enough that statistics have not yet matured. However, as with all of our clients, you may contact anyone of them and they will provide excellent reference of our company, its services and its people. II "r--w u-or-- <00_ ~o U') (]) EroO) (])= ro .=:=O:::::D... ro '0 c: (]) :t N ~ Agenda Item No. 16F4 A 0 VA NeE 6'",:?1i DATA PROCESSING, INC. February 7,2007 Collier County Attn: Sheree Mediavilla, EMS Operations 2705 S. Horseshoe Drive Naples, Florida 34104 Re: Custom Proposal for EMS Billing & Collection Services Dear Chief Page & Ms. Mediavilla: Please accept Advanced Data Processing, Inc.'s (ADPI's) proposal in response to recent communication with your office and Collier County (County) for EMS Billing and Collection Services. We appreciate the opportunity to respond to your outsourcing needs. In this proposal we present our capabilities offering the County the finest available EMS billing services in the country. The proposal contents may be incorporated, in whole, into a written contract. ADPI is familiar with and fully understands the requirements of the County. ADPI is Florida's EMS billing company. With over 25 years experience in Florida, we now serve 49 customers in the State of Florida with a significant portion located in the South Florida Region. We process over 875,000 transports annually for our Florida clients. Our experience in Florida and the United States is unrivaled in the industry. Our leadership is further evidenced by recent contract awards in competitive RFP's in Seminole County, Palm Beach Gardens, Riviera Beach, Boynton Beach, Ft. Lauderdale, Miami Dade County, Tampa and Hollywood. We have also had a number of county clients similar to Collier provide us contract renewals within the prior year. Along with our primary presence here in Florida, we have also become the nation's largest single-specialty provider of EMS billing services. ADPI now has five processing centers that serve over 215 communities across the United States. We process over 1.5 million transports annually and collect approximately $350 million dollars for our clients. We have experience in handling accounts ranging from 1,000 to over 200,000 annual transports and will apply this knowledge and experience to produce the best possible results for Collier County. 6451 N Federal Highway, Suite 1002, Ft. Lauderdale, FL 33308 phone: 954-308-8711 fax: 954-308-8725 www.cmsc1aims.com Agenda Item No. 16F4 A D VA NeE [)"'i~?7i DATA PROCESSING, INC. We believe our plan presents a tremendous opportunity for Collier County to boost its EMS revenue. Our goal when collecting revenue from EMS transports is to more than offset the cost of providing this service, leaving our customer with a substantial surplus along with all the other advantages provided by our expertise in compliance, coding, technology and more. As described in data you've provided, the County is collecting approximately $307 per transport. ADPI will include a plan to increase your revenue per transport to at least $375, which we believe is a more appropriate level for your organization to achieve. Our plan is customized to work with some of your existing employee resources in furthering your operational efficiency and with a corresponding reduction of our standard fee. Collier County can expect superior collection results, unparalleled industry expertise, and a rock solid compliance program from ADPI. We welcome the opportunity to provide Collier County EMS with the most comprehensive EMS billing program in the industry. Please feel free to contact Don Passaro, ADPI's Vice President of Business Development, Southeastern Region if you should need further information (877.600.2034). Respectfully submitted, Doug Shamon President and CEO 6451 N Federal Highway, Suite 1002, Ft. Lauderdale, FL 33308 phone: 954-308-8711 fax: 954-308-8725 www.emsclaims.com Agenda Item No. 16F4 A 0 VA NeE C)"',:111 DATA PROCESSING IN C. TABLE OF CONTENTS CONTENT PAGE Title Page Transmittal Letter/Introduction Table of Contents TAB 1 ADPI Background 1-4 TAB 2 Staffing 5-11 TAB 3 Scope of Services MethodologyfTeclmical Approach Reporting Quality Control 12 13-19 20-21 22-23 TAB 4 References 24-27 TAB 5 Executive Summary Why ADPI? 28-31 32-37 TAB 6 Fee Proposal Proposal Close 38-39 40 TAB 7 Required Documents Insurance Certificate 41 + Documents TAB 8 Attachments General Purpose Statements 42 + Documents TAB 9 TripTix Product Overview 43 + Documents TAB 10 Contract Materials Proposed ADPI - Collier Piggyback Agreement Seminole Agreement 44 + Documents Collier County Proposal- EMS Billing & Collections Table of Contents Agenda Item No. 16F4 A 0 VA NeE rJ"~~~; DATA PROCESSING, INC. TAB 1 ADPI Back2:round Collier County Proposal - EMS Billing & Collections TAB 1 ADPI Background 1 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 lv1ay 22, 2007 Page 20 of 78 ADPI History ADPI was originally established in 1978. In 1981, our focus narrowed to solely EMS billing and collections services and for the next two decades our list of municipal customers has continued to grow. ADPI is the largest single specialty EMS billing and collections company in the United States. We now have over 215 EMS clients in 19 states across the United States and the District of Columbia totaling nearly 1.5 million armuaJ accounts and generating nearly $350 million in annual collections. Office Locations ADPI has regional processing centers and satellite offices across America employing over 250 full-time persons in eight states and the District of Columbia. In many areas across the United States ADPI employs local personnel to assist in gathering important patient insurance information from the area hospitals that will provide a considerable boost to the revenue we collect for the County. City State Eml>lovees Ft. Lauderdale Florida Headquarters 9 Miami Florida Regional Center 102 Memphis Tennessee Satellite 3 Denver Colorado Regional Center 23 Oakland California Regional Center 34 Atlanta Georgia Sales Office I Cincinnati Ohio Satellite Columbus Ohio Regional Center 30 Delaware Ohio Satellite 2 Independence Tennessee Satellite 1 Virginia Beach Virginia Satellite 2 Washington D.C. Satellite 1 Houston Texas Regional Center 50 Oklahoma City Oklahoma Satellite 1 Ridgefield Washington Sales Office 1 TOTAL 260 Collier County Proposal ~ EMS Billing & Collections TAB I ADPl Background 2 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 21 of 78 Memberships/Affiliations in EMS/ Billing Organizations We are proud to provide you with our memberships and affiliations, demonstrating our commitment to the EMS agencies we serve and the health care billing profession as an industry. Not only are we affiliated with these noteworthy organizations, but we actively provide support with financial sponsorship, participation in key reimbursement committees, and regular attendance at relevant meetings. Organization Description of Organization Level of Participation Yearsasa Member AAA Organization comprised of ambulance Active member 5 years American suppliers and associated industry Participant on the Ambulance personnel that promote health care federal reimbursement Association policies, provide research, education, and task force. communications programs to members CFCA Consists of representatives from over Active member 2 year California 1,100 fire agencies in the State of Corporate sponsor of the Fire California. A leader in fire and life 2005 CFCA annual Chiefs safety issues in California and has conference and banquet. Association established themselves with legislative success and access to the Governor on critical issues. FAA Association made up of municipal Active member 4 years Florida ambulance providers and proprietary Ambulance ambulance suppliers in the State of Association Florida. This group is focused on EMS reimbursement. FFCA Floridats leading management education Active member 3 years Florida organization for fire and emergency Sponsor of annual Fire services professionals that specialize in conferencelbanquet. Chiefs promoting and supporting excellence in Participant in annual Association the fire/EM S industry. Fire-Rescue East exhibit HBMA The only trade association representing Charter member 13 years. Healthcare third-party medical billers. Consists of Actively involved in the Billing and 800+ medical billing companies across ethics compliance Management the US. Works with and educates committee. Association Congress and Administration on issues affecting third-party billers. NAEMT Organization dedicated to professional Corporate sponsor 3 years National representation of the views and opinions Sponsor of the Association of of pre-hospital care personnel and NAEMT/ADPI EMTS influencing of future advancement of scholarship for Harvard EMS. Serves professional membership University's State and through educational programs, liaison Local Government activities, development of national Senior Executives standards and reciprocity and the Program development of programs to benefit pre- hospital care personnel. Collier County Proposal ~ EMS Billing & Collections TAB 1 ADPl Background 3 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 lv1ay 22, 2007 Page 22 of 78 Client Base Vancouver ":." @: ; ~ ; ,,:... ;SASKATCHEWAtf '(!?i'-......_........:: .: G): . Ot~TARIO ~f;~rlottElt attle "-':--_"_'_. .: Regina : @\f\Ij~nipeg I"'...... ". i ..-/;" / --....._._._..._.~.~. : ,--- ;, ": i \ N.8. ;'..' wA'S~-'. ""'l,.. 1 : -.---.-.-,.-.-.......... 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''''i ",':~::>:.'~.~:j ;~ ://\~)( ~~~~. . ClflC .....,.J...- : l-:-":.-j,...... :' ~~-".~Dn-:.--~.-~-~~~:ALA.BAMA. U. i Savannah cean )-'---. '...,-...~>;.'-- N .> \8 as:',.:'L~. / i _ ( ~. ~/."_;:').. ,,\.:;~JaCkson"'ille t~ Hermosillo . --'--~~.~c~ fi'Austir! ,;~~':~~~~~:;,.-taitat;;ssee 0- -~. ~ .... San-An1omo~____l!}-~ . New Orleans ?d,l.-..{ @'..\Houston.."p..'\' "0 _ Chihuahua \ , rtXA,c \..:;0.. 'CIudad \1 . <f_ M ~ M' I 6b ' Mon61ova Gulf of exfco u~ Ism 0NaSsal.l.':' _<egon MEXICO 0 ....... . Co Ii ht @2003 Merosoft Co ,md/cr-ilS"su liers. ,All riOht:> resewed ADPI has clients in 19 states and one in the District of Columbia. Our clients range in size and demographics. We have some clients with a large foreign population. We have clients with comparatively high percentages of Medicare patients and several that are "younger" municipalities. We have some municipalities that are wealthier while others are very socio-economically depressed, reflecting a high Medicaid percentage. We have large urban clients and we have clients in rural areas. We have some clients who bill for MV A or alarm fees and some that do not. ADPI's services are tailored to the client's environment and our goal is to accommodate your patients. We aim to bring this breadth of experience to bear on the excellence in service and financial results we will bring to Collier County EMS. We started operations in 11Iinois with the City of Chicago in December of 2006. We started operations in Ohio with the City of Cincinnati in early 2004. We began operations in Missouri with Metro West Township in mid-2006. We began operations in Tennessee with the Cities of Nashville and Memphis during 2005. In aggregate during the past four years, ADPl's business has expanded from the Southeast base of Florida, Georgia and South Carolina to cncompass an additional 16 states and DC. While we continue to expand nationally into new regions of the Country, we believe it is aJso important to note that we continue to process a significant portion of South Florida out of our largest processing facility in Miami. Weare fully prepared and earnestly eager to bring our expertise, commitment and results to Collier County if we are awarded this contract. Collier County Proposal - EMS Billing & Collections TAB 1 ADPI Background 4 Agenda Item No. 16F4 . A DV ANC E rj'ii:m :\ DATA PROCESSING, INC. Tab 2 Staffin2 Collier County Proposal - EMS Billing & Collections T AS 2 Staffing 5 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 24 of 78 Personnel Experience We believe you will find ADPI to have the finest and broadest EMS billing management team in the country. Our management staff has a cumulative total of nearly 300 years of national experience at the highest executive levels from the largest medical billing companies in the country. Our combined experience is concentrated solely on EMS, and more specifically EMS billing. We dedicate all of our resources, technology and people to the EMS industry and specifically what we do: EMS billing and collections. Our senior management team will be very involved with the Collier account and will serve as a constant source of information, updates, improvements, and innovations, Led on a day- to-day basis by your assigned Regional Director, their team, our experienced personnel will provide continuous innovations in processes and in technology. Or knowledge of the payer community, knowledge of state EMS laws and practices, along with our expertise, commitment and results set us apart as the leader in EMS billing services. Organizational Chart Below is our organizational chart illustrating the team of personnel who will be directly supporting Collier's EMS billing services. This team of professionals has been working with patients, payers, and demographics similar to those of Collier and brings a tremendous amount of account level experience to your account. The Regional Team will be thoroughly educated on all local rules and regulations and has been processing EMS transports for many years. They are dedicated to increasing your revenue by submitting quick, clean claims. EMS Billing Operations Joe Belfer Director Application Developmenli3nd Support Collier County Proposal- EMS Billing & Collections TAB 2 Staffing 6 Project Team ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 lv1ay 22, 2007 Page 25 of 78 ADPI's regional teams have a local concentration, allowing them to become specialists in each regional area. You will have a dedicated regional team of staff members to process all your patient accounts. Additional management staff will also continue to support this team. Doug Shamon and Bill DeZonia are the Executive Managers that will continually monitor and evaluate the status of your EMS revenue. Your dedicated Regional Director, Angie Prieto, will oversee all processes and operations in Collier County. The following are details on all management positions that will be involved in your account and in what capacity they will serve you. Roles/Responsibilities -During Procurement We will maintain relations with your designated representatives during the procurement process to ensure that you are outfitted with any and all information that you may need during this time period. Don Passaro: Jack Donahue: Brad Williams: Doug Shaman: General Proposal Contact Mr. Passaro, Vice President of Business Development-Southeast Region, will be your key contact during the procurement process. Procurement/Contract Mr. Donahue, Vice President of Miami Operations, will oversee our procurement process. Contract/Finance Mr. Williams, Vice President-Finance, will handle contract administration and execution. Procurement/Contract Mr. Shamon, President and CEO, will provide contract quality assurance. Roles/Responsibilities- During Contract Term If a contract is awarded to ADPI, the individuals listed below will be involved in implementing our operations within your agency and executing ADPI's EMS billing and collection services along with all other requested billing services from your RFP. Doug Shaman: Bill DeZonia: Project Oversight Mr. Shamon, President and CEO, will provide overall leadership. Project Oversight Mr. DeZonia, Chief Operating Officer, will ensure service quality assurance. Collier County Proposal- EMS Bilting & Collections TAB 2 Staffing 7 Jack Donahue: Joe McCloskey Joe Belfer Regional Team ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 26 of 78 Project Oversight Mr. Donahue, Vice President of Miami Operations, will provide overall leadership, overseeing our contract performance to ensure client satisfaction. He will ensure your revenue is optimized and devise compliant strategies to enhance collections. Compliance and Quality Mr. McCloskey, Vice President-Compliance and Quality Assurance, will continually monitor all compliance efforts and ADPI's systems, procedures, and processes. Technology and Integration Mr. Belfer, Director of Application Development and Support, with the assistance of his IT team, will manage the implementation of all technology integration points. Your dedicated Regional Team has been processing patient accounts for many years. They understand all factors associated with billing for EMS transports in your region and have the know how to get claims paid quickly and compliantly. Your team is cross trained so that in a case of emergency, vacations or sickness there will be no delay in processing of your accounts. Their goal and performance benchmarks are based on the quality and quantity of claims that are being paid. Collier County Proposal ~ EMS Billing & Collections TAB 2 Staffing 8 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 lv1ay 22, 2007 Page 27 of 78 Bios Douglas Sham on - President and CEO Mr. Shamon is a principal and the Chief Executive Officer of ADPI. With 15 years of health care business services and over 25 years of financial management experience, Mr. Shamon has held previous positions as Executive Vice President, Chief Financial Officer and Director of Certus Corporation, a healthcare services company, Chief Financial Officer at Transcend Services, Inc., and several other senior management positions including, Executive Vice President and Chief Financial Officer for both the Physician Services and Hospital Services division of Per Se' Technologies, Inc. Mr. Shamon began his career with Arthur Andersen and Co. and also has experience with KPMG. Mr. Shamon graduated from the Carroll School of Management at Boston College in 1983 majoring in accounting and computer science and holds an MBA degree with a concentration in ffiance from San Diego State University. Mr. Shamon is also a Certified Public Accountant. William DeZonia -Chief Operating Officer Mr. DeZonia, a principal and Chief Operating Officer of ADPI, brings over 27 years of health care billing and revenue cycle management experience to ADPI. He began his career with Blue Cross and rapidly moved into an executive management position for one of the most successful radiology billing companies in the country. When this company merged with Per Se' Technologies, he expanded his talents into other medical specialties, including ambulance. Showing exceptional talent and knowledge, Mr. DeZonia was awarded responsibility of fixing troubled offices while holding positions of Chief Compliance Officer, Chief Operating Officer, and President of Physician Services for Per Se'. Since then Mr. DeZonia played a key role in several turnarounds in the revenue cycle management industry before joining the team at ADPI full time as our COO. Mr. DeZonia graduated from Lynchburg College with a BA in Political Science. Brad Williams - Vice President-COIl troller Mr. Williams joined ADPI in October 2003 and serves as Vice President- Controller. Mr. Williams has over 20 years experience in financial management and is a Certified Public Accountant. Prior to joining the company, Mr. Williams was Vice President and Treasurer for Hollywood Entertaimnent Corp. located in Portland, Oregon and has held various senior financial management roles including Senior Director of Finance for CompUSA, Inc.; Chief Accounting Officer for Lifetime Products, Inc.; and Vice President and Controller for Western Insurance Companies of Texas. Mr. Williams began his career in public accounting by serving almost 5 years with PriceWaterhouseCoopers, LLP in Dallas, Texas. Mr. Williams graduated from Baylor University in 1983 with a Bachelor of Business Administration degree in Accounting. Collier County Proposa1- EMS Billing & Collections TAB 2 Staffing 9 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 lv1ay 22, 2007 Page 28 of 78 Rick Fossier - Vice President- Business Development Mr. Fossier brings over 17 years of Sales and Sales Management experience to ADPI and is now in his fourth year of heading up the ADPI business development efforts. Prior to ADPI, Mr. Fossier served as the Vice President of Sales for a Nashville based Media Company. Having been part of the sales organizations for Fortune 500 Companies as well as start-up organizations, Mr. Fossier has the experience and understanding needed to work with EMS agencies of all sizes, ensuring ADPI remains customer-focused in every situation. Mr. Fossier attended both Yale University and Michigan State University and holds a Bachelor of Arts degree in Advertising. Don Passaro - Vice President- Business Development, Southeastern Region Mr. Passaro is an experienced EMS billing executive with over 14 years with ADPI. Mr. Passaro has been instrumental in the growth of ADPI within the State of Florida during the past decade, having established relationships with dozens of the State's EMS agencies. He has previously held executive marketing and business plaffi1ing positions with a number of companies in the computer and communications field. Mr. Passaro's education includes Electrical Engineering and Applied Math at Georgia Tech and Computer Science at Florida Atlantic University in Boca Raton. Joseph McCloskey - Vice President- Compliance and Quality Assurance Mr. McCloskey brings over 25 years of experience in medical billing to ADPI, including Regional Director with Per Se' Technologies, Inc. in its Physician Services Division. He was also a founder and principal of Consolidated Medical Services and managed the Physician Division of Shared Medical Services. Mr. McCloskey began his healthcare career with Medicare contractors where he was a Director in the Medicare Program. Mr. McCloskey holds a Masters in Healthcare Administration from Long Island University. As one of only about 400 people nationally to hold a Certification in Health Care Compliance from the Health Care Compliance Association, Mr. McCloskey is a Certified Health Care Billing and Management Executive. He brings a wealth of experience and knowledge of medical EMS billing to ADPI, along with excellent credentials in compliance. Jack Donahue - Vice President- Miami Operations Mr. Donahue has 11 years of experience implementing strategic technology solutions that enable the optimization of business processes and revenue. The solutions range from development of new applications, to implementation of packaged solutions, to development of complex system integrations. Prior to joining ADPI, Mr. Donahue was a Senior Manager at BearingPoint. Prior to BearingPoint, he was a Senior Manager at Arthur Anderson, LLP. Collier County Proposal- EMS Billing & Collections TAB 2 Staffing 10 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 29 of 78 Mr. Donahue received his undergraduate degree in Business Administration-Finance from the University of Notre Dame before receiving an MBA in Global Management and Decision Information Sciences from the University of Florida. He received his Executive Masters in Healthcare Administration from the University of Florida in 2004. Collier County Proposal ~ EMS Billing & Collections TAB 2 Staffing 11 Agenda Item No. 16F4 ADVANCED',~:n DATA PROCESSING, INC. TAB 3 Scope of Services Methodology and Technical Approach Reporting Quality Control Collier County Proposal- EMS Billing & Collections TAB 3 Scope of Services 12 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 31 of 78 Methodology and Technical Approach Our approach to EMS billing and collections involves people, processes, and technology to maximize the revenue per transport for each EMS encounter. ADPI is organized using a "client-team" approach. Your Regional Director, will lead the processing team and manage all related patient accounts. ADPI processes are engineered to focus on the uniqueness of the EMS patient encounter. EMS agencies lack the ongoing patient/provider financial relationship that is common in other healthcare entities, such as physician and hospital care. EMS has no admission or patient registration department. The individuals who provide care are also responsible for getting billing information from severely ill or injured patients. This results in gaps and errors in patient information. Recognizing these constraints, we have constructed processes that optimize the use of outside resources during the billing and collection process. Our billing and collection services can be segmented into distinct processes from peR creation to reporting, and each step of the process is guided by compliant account management as depicted in the illustration below Each step in the process has objectives that contribute to the maximization ofrevenue per transport. The process is engineered with a series of edits, feedback mechanisms, and controls that enable us to operate effectively and efficiently and provide for inherent segregation of duties. Every patient transport is "touched" during each phase of our process and always with the underlying goal of achieving maximum reimbursement. Collier County Proposal - EMS Billing & Collections TAB 3 Scope of Services 13 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 32 of 78 Phase 1. The Front End Process (including peR creation and peR transformation) Objectives: 1. To capture all EM S transports and bill them within 24 hours of receipt. 2. To ensure the transport encounter has been properly coded and priced with medical necessity determination, thus, resulting in the maximum allowable reimbursement for all services provided by your EMS staff. 3. To insure absolute compliance with all federal, state and local regulations. 4. To create "clean claims," resulting in fee recovery in the fastest possible manner. 5. To place insurance carriers as the primary guarantor and patients as the secondary. Throughout the peR creation and transformation process a number of systems and tools are utilized as depicted in the peR information flow below. aper peR or ePCR peR Data Pati~nt InfomlatiOll , J): QC~I~f;/> D~tac.titure',:)';: Entry _~:Codlng"; Billing Data t PATIENT ACCOUNTING- SYSTEM -':~ I Claims, R~r(1rts 8 Commercial Carriers peR Information Flow Patients G . Insurance & Patient Info ! Insurance Infomlalion , Insurance & Patient Into LlNKAGE+f: Insurance &;; Patient DemOll' . ClaimStaNs, Pavmcrnlnfo . G Banks/Cr~dlt Card Gateway Incident information is documented using peRs (patient care reports). peRs can be transmitted to ADPI via a secured website (if available electronically), via mail, direct courier pick-up/delivery or electronic file transfer/fax on a scheduled basis. We will work with the eounty to schedule the consistent delivery of eollier eounty EMS run reports. Paper peR data will be manually keyed into the billing system and imported it into Qelaim, ADP['s proprietary software. If received electronically in the future, all data will automatically be imported into Qelaim, where peR transformation will occur. Collier County Proposal - EMS Billing & Collections TAB 3 Scope of Services 14 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 33 of 78 peR Transformation Qelaim's quality edits identify and correct inconsistencies in information that would result in a delay or rejection of the insurance claim. Qelaim analyzes numerous data quality and integrity checks from demographic data elements such as incomplete addresses, non-conforming social security numbers and date-of-birth information to level of service coding, diagnosis coding, and medical necessity coding based on dispatch, assessment, narrative or treatment data. Patient encounter information is analyzed through a series of automated edits and system checks that produce a suggested procedural code, IeD-9 code, and our proprietary medical necessity codes. We provide our coding staff with objective criteria for establishing appropriate code levels and documenting medical necessity. Only employees with intensive training and appropriate certification are allowed to code encounters, Qelaim also provides workflow controls that result in faster "clean" claim generation, therefore resulting in fewer denials. Extensive quality coding audits occur to ensure proper levels of service and appropriate IeD-9 codes are utilized. Patient Linkage Patient Linkage occurs during the peR transformation phase. Patient records are passed through ADPI's eligibility database. As the largest provider of municipal EMS billing in the United States, ADPI has accumulated an extensive patient database. The database is also populated with electronic data obtained from area hospitals through our hospital liaison program. All patient encounters are run through this database to obtain all additional valid patient information. Extensive edits and account specialists are in place to ensure that data used is current and applicable to the current transport Electronic Eligibility If insurance information has not been identified at the scene, the patient account is placed through a series of electronic eligibility transactions to retrieve appropriate information. The following are the most frequently used resources: - Medicare/Medicaid electronic eligibility - Hospital interfaces - Insurance eligibility via clearinghouse - eascading electronic private insurance eligibility - Skip tracing Often times we are not only missing insurance information but patient demographics are incomplete. Before sending a patient bill, ADPI performs the following steps: - Skip tracing- ADPI utilizes Accurint to find missing patient demographics. - Patient Phone ealls- If skip tracing does not produce the needed information, we call patients looking for insurance information before sending the bill to an uninsured patient. Any information obtained is matched to the patient account in our system and moves on to the billing process phase. Collier County Proposal - EMS Billing & Collections TAB 3 Scope of Services 15 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 34 of 78 Phase 2. The Billing Process Objectives: 1. To file a clean claim within 24 hours of completion. 2. To file electronically to as many third party payers as possible. 3. To bill patients on a timely basis. Once accounts are updated and if the patient is deemed to be the guarantor, they will be sent an invoice/statement. Invoices contain, in addition to accurate charges for services, a request for patient insurance information and instructions on how to provide such information. Insurance information can be provided by patients via mail (with enclosed courtesy return-payment envelope), through a dedicated phone line or on our secure patient website, www.emsclaims.net. We can also include customized letterhead, messages, and inserts such as surveys, questionnaires, comment cards, and notices to be included in your statement mailings (Optional). Mailings request forward address corrections to reduce undeliverable mail and cycle time. Rebilling will normally be performed four times at regular intervals of about 35 days (cycle billing) with review of accounts determining if collection action is required. Medicare claims are electronically transmitted within 24 hours of claim generation using the ANSI standard format. Medicaid claims are electronically transmitted daily according to the Medicaid approved format. eommercial insurance claims are processed through our claims clearinghouse, within 24 hours of completion or printed and mailed if electronic delivery is not available. Necessary copies of PCRs or explanation of benefits statements are attached to claims when applicable. Auditing of claims will be performed in many cases before submission of the claim. For instance, 100% of all Medicare and Medicaid claims are audited before submission to the carrier and proprietary medical necessity codes will be assigned to each claim. Collier County Proposal- EMS Billing & Collections T AS 3 Scope of Services 16 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 35 of 78 Phase 3. Payer Response Objectives: I. To post payments and balance witllln 24 hours of receipt. 2. To provide appropriate account level payment detail within 48 hours of receipt. 3. To provide effective customer service to patients who contact our office. 4. To provide timely and effective response to payer's denial or request for additional information. All payments will be sent to a lockbox with the banking institution of your choice. In this enviromnent, all payments are processed in a secure fashion and ADPI is provided with posting information and patient correspondence on a daily basis. Upon receipt of payment documentation (typically 24 hours after deposit date), payments are posted to the appropriate account and reconciled to the bank deposit. Payment Review We review each payment received from a third party to ensure accurate reimbursement. If a "short pay" exists, the account is noted for our exception processing which results in an appeal to the third party carrier for payment. If patterns develop, we work directly with the appropriate representatives of the carrier to resolve them. We have been successful in resolving a significant amount of "short pays" for our clients. Secondary Payer At initial Medicare filing, we utilize Medicare's Medigap feature to its fullest. All payers secondary to Medicare will be filed immediately after receipt and posting of the Medicare payment. Other third party insurance, if applicable, will be filed sequentially. eorrespondence All patient and insurance correspondence is reviewed and accounts are updated with information within 24 hours of receipt. Trend analyses are done to constantly refine the filing process and to identify specific third party correspondence issues. Collier County Proposal- EMS Billing & Collections T AS 3 Scope of Services 17 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 36 of 78 Denial Management and Reporting Our denial management program involves managing the submission of clean claims to avoid denials and in the event of a denial, aggressively pursuing payment on denials. Our system electronically posts payments and denials for payers who send us an electronic remittance. Depending on the type of denial, we initiate a series of actions specific to that particular denial reason. For example, if a claim is denied due to a policy number issue, we contact the patient to obtain the correct insurance information. If a claim were denied for "medical necessity" reasons, we review the claim's diagnosis code against the peR to see if a more specific I eD-9 code could be used. If so, the claim is resubmitted and an educational corrective action is initiated with the person who initially coded the claim incorrectly. Our coders are required to maintain a minimum 95% coding accuracy level to continue coding claims in order to limit any and all types of denials. Our reports track denials by type. These reports can be part of a regular monthly report package or requested as ad hoc reports. The accurate mining of this denial data is the most critical element of our denial management process. Once the top denial reasons are targeted, we dedicate resources to diagnose consistent causes with the goal of preventing on-going denials. Overpayments/Refunds Our system automatically flags credit balance accounts, generating a special report that lists all accounts to be researched. Refund requests are presented to the client in report format with supporting documentation (e.g. copies of all remittance documentation and account payments), an explanation of recipient, amount of refund, and where to mail the refund check. We complete all documentation that must accompany the refund request. We retain copies of all receivable-related correspondence indexed by deposit batch date. We also provide the information in Excel format for simple check processing. Once submitted by ADPI to the eounty, it then becomes the eounty's responsibility to process and issue a refund check to the appropriate payer. Scanning and Records Retention ADPI will maintain all eounty PCRs and payment records for the period specified by the RFP and contract, either in the original electronic format or via a scanned copy we would create from all paper-based peRs sent by the eounty. These will be filed by cash receipt date and kept in chronological sequence along with deposit reconciliation. eopies of specific documents will be available via your web-access to our system or can be provided upon request if you would prefer. All records are considered your property and will be returned upon completion or termination of the contract. Records are available for inspection, review, or audit by federal, state, or other personnel duly authorized. We will support you in any audit with all reasonable requests. Collier County Proposal- EMS Billing & Collections TAB 3 Scope of Services ] 8 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 37 of 78 Patient eustomer Service We maintain active customer service from 8:30 a.m. to 5:15 p.m. daily, excluding holidays. Multilingual eSRs are available for foreign speaking patients. We also make outbound calls that extend into early evenings and Saturday mornings if deemed necessary. The phone calls are monitored for accuracy, courtesy, and type of phone call. All activity is documented in the system's patient notes section with standard note codes used in all possible instances. Specialty eases In the case of patient hardship, we will arrange for a payment plan of no less then ten dollars per month or another amount designated by the eounty. The account is marked as a payment plan and is withheld from collections as long as payments are being made. All "special" cases or write-off policies will be specifically cited by the eounty and must be approved by eollier eounty authorized individuals. These cases will be marked in our system and handled according to your specific requirements. Complaint Resolution Process ADPI customer service representatives (eSRs) are trained on our billing system and on how to handle patient phone calls and complaint mail. Each eSR assists patients in the most professional manner. If a eSR receives a call from an upset patient who wants to file a complaint or speak with a manager, the eSR informs their operations manager of the current situation and the complaint. The call is then transferred to the manager, at which time the patient phone call is resolved. If, for whatever reason the patient is still not happy with the outcome, ADPI will report all complaints to the designated eollier eounty representative. It is our goal to resolve as many complaints as possible before they have to be transferred to the eounty. All patient phone calls are documented in the account and are consistently reviewed by the Regional Director for proper handling. Collier County Proposal ~ EMS Billing & Collections TAB 3 Scope of Services 19 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 38 of 78 Reporting ADPl's goal is to constantly keep our customers in touch with results and how operations are proceeding. ADPI will provide your designated eounty personnel with a website log- on and password to review ADPl's database in accordance with our HIPAA Business Associate Agreement with the eounty. Only individuals approved by eollier eounty will have access to web site logon and password. As indicated earlier, those eounty employees granted access will have web-based access to account level and agency-wide reporting as system access is granted. You will gain knowledge of historical collection results and areas where attention is required, therefore facilitating more accurate financial planning, control, and forecasting for the eounty. The following are major reports we produce as a sample for eollier's evaluation: Billing and Collections - Summary Provides a summary of charge, payment, and adjustments for the closing month period showing gross and net collection percentages for each period. Summarizes totals for each type activity and computes average collections for both gross and net. Note: All payment activity is reflected against the original month billed in order to reflect true collection percentages. Billing and eollections - Summary to Date, Monthly Running Shows current month receivables as applied to "original billed month". Collection Statistics - by Financial Payor elass Provides a running month summary for the closing month period of collections by Payor elass (Self-Pay, Medicare, Medicaid, and Private Insurance). The report also shows for each running month the mix or, percent of total collected against that month's billings for each class. This report also shows number of accounts billed and total number of accounts. Summarizes total amounts collected for each class and as percent of totaL Insurauce Receivable Report - Number of Bills Peuding Insurance Payment Provides for each billing month the number of accounts billed to a specific type of payor or, pending payment from that type payor. eollection Schednle - Receivables Report M-T-D and Fiscal Y-T-D Shows all daily collections by closing month with running totals for month-to-date, fiscal year-to-date and, since inception. Accouut activity - Monthly Billiug Report (eharges) Shows all billing (new charges) processed alpha sorted by last name and summarized total billing for period. Collier County Proposal- EMS Billing & Collections TAB 3 Scope of Services 20 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16 F4 May 22, 2007 Page 39 of 78 Account Activity - Mouthly Payment Report (Receivables) Provides a batch oriented listing of all payments processed including check number and type of payment (self pay, Medicare, Medicaid, private insurance). Report reconciles against bank deposit and ties back to EOB detail for secondary filing, refund processing and adjustments. Accounts Receivable - Summary Provide summary for period ending of accounts receivable showing gross billing, payments received/processed, reflected write-offs and adjustments, reversals and ending balance. Monthly Refund Schedule Report provides detail for each overpayment account of associated payments reflecting refunds to be processed. Refund Request Report provides remittance advice for each overpayment account showing reason for refund, appropriate amount and recipient. Ambulance Unit Report Shows for current month number of transport and gross charge amounts for each reporting transport unit. Ad Hoc Reports ADPI prides itself in providing essential statistics in a concise, easy-to-understand format. However, we do understand that special requirements come up on occasion. In response to such situations, we provide ad hoc reporting according to client specifications. Once an ad hoc report has been delivered (normally within 24 hours), this then becomes another standard report that the eounty can access at any time. Collier County Proposal- EMS Billing & Collections TAB 3 Scope of Services 21 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 40 of 78 Quality Control ADPI's goal is to supply the most productive, efficient and compliant EMS billing and collection services for all of our clients. We comply with all state, federal and local rules and regulations, with close attention to and abiding by regulations specific to our industry. We have put forth an extensive and aggressive compliance program, especially when dealing with Medicare and Medicaid. Our adherence to current Federal HIPAA guidelines relating to privacy and security implementation further emphasizes our commitment to compliance on behalf of our clients. We set standards and employ audit checks on these standards to ensure we produce clean claims that get paid. ADPI has had an active compliance program in place since 1999 when the OIG first presented the voluntary eompliance Program Guidance for Third-Party Medical Billing eompanies. We certify that the ADPI compliance plan is compliant with the intent and activities included in the U.S. OIG Compliance Program Guidance for Third Party Medical Billing eompanies established December 18, 1998. This plan is enforced on our President down to the coders, encompassing every individual within ADPL The compliance program is supplemented by the implementation of HIPAA guidelines relating to privacy, security and data sets. All employees are educated in compliance, standards of conduct and HIP AA requirements upon hire and receive ongoing training throughout their employment. Compliance and Quality Assurance Departmeut Our full time eompliance and Quality Assurance Department is led by Joseph Mceloskey, eHe, Vice President of eompliance and Quality Assurance. Mr. Mceloskey is nationally certified in Health eare eompliance by the Health eare eompliance Association and is certified as a Healthcare Billing and Management Executive. He has worked in medical billing for over 25 years including several years with Medicare carriers in compliance and quality assurance. Mr. Mceloskey continues to develop, implement, revise, and oversee the ADPI eorporate eompliance Program. He maintains and expands the visibility of the program throughout all levels of our organization. Mr. McCloskey meets with a committee that makes recommendations and implements compliance initiatives that match those established by the healthcare regulatory enviromnent. He also oversees the compliance hotline, designated for anonymous callers with a concern, according to government guidelines and in accordance with industry best practices. Collier County Proposal - EMS Bitting & Collections TAB 3 Scope of Services 22 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 41 of 78 We assure quality through a series of audits, checks and balances performed in the eompliance/Quality eontrol Department. The functions of the department are as follows: I. Monthly coding audits 2. Payment audit 3. eredit balance review 4. eompliance training 5. Incident documentation review Having had the opportunity to evaluate the acquisition of many other EMS billing companies across the country as we have expanded our operations, we can confidently say that ADPI has a focus on compliance that goes unmatched by any other company in the industry. We assure that your organization will be constantly provided this unmatched level of protection and dedication to compliance. Quality Audits eoders must maintain a 95% accuracy rating to continue in their coding position. This accuracy standard follows the Federal Government's General Accounting Standards. eredit Balance Audits are completed monthly to assure compliance with Governmental standards of refunds completed within sixty days of credit balance. eontrol Point Auditing is also completed monthly for detecting, mitigating and providing reeducation to avoid process errors. eontrol Points that are monitored monthly include: . Payment Posting-Payment postings are reviewed to confirm correct payment posting and adjustments as well as receipt of expected reimbursements. eopies of payment remits/correspondence are reviewed against postings. . Denial Posting- Denial remittances and correspondence are reviewed to confirm completion and accuracy of action . Inter-facility eoding- Audit for correct coding and modifier usage for these special coverage services. . Medical Necessity documentation Audit- For clients providing non-emergent transports, review is completed to assure proper completion and maintenance of Physician eertification Statements (peS). . NR Follow-up- Auditing of accounts with open balances to assure proper NR follow-up activities including insurance follow-up, patient contacts, etc. Results of all audit activities are reported to management responsible for correction and reeducation of staff. Follow-up audits for identified areas needing improvement are completed by eompliance/Quality Assurance staff. All employees at time of employment and at least annually thereafter are trained in eompliance and HIPAA Privacy requirements. Collier County Proposal- EMS Billing & Collections TAB 3 Scope of Services 23 Agenda Item No. 16F4 A 0 VA NeE D~i;?% DATA PROCESSING, INC. TAB 4 References Collier County Proposal- EMS Billing & Collections TAB 4 References 24 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 43 of 78 Client References ADPI has been providing EMS billing and collection services to public sector municipalities across the country for over 25 years. We have every confidence that given the opportunity to supply your eounty with our billing and collection services, we will provide noticeable, measurable and continuous improvements to Collier eounty's EMS. Weare constantly refining our people, processes, and technology. Our goal is to remain ahead of the curve regarding your expectations and service delivery. Listed below are several of our references for whom ADPI performs the exact same services as to what has been requested by eollier eounty. We have listed clients that are either similar in size to Collier, were new area/state operations for ADPI or are also Florida customers. We encourage eollier to call our references, and if the eounty is interested in contacting additional ADPI customers, we will be happy to supply a complete client list for your use and review. EMS Avenev ContactITitle Dcscrintion of Services Phonc/email Lee County, FL David Kainrad, EMS billing/collections 239-335-t6t4 EMS Director 47,000 annual transports davek@leegov.com Plus Helicopter transports Client since: January 2000 Regional Director: Angie Prieto Orange County, Alex Morales, EMS billing/collections 407-836-90t5 FL EMS 17,000 annual transports A lex. Mora Jes({:I;:ocfl.net Administrator Client since 8/200 I Regional Director: Omar Perez Seminole Tracey Posadas, EMS billing/collections 407-518-2204 County. FL Administrator 11.000 annual transports tnosadas(a:sclTI inolecountvfl. gOY Client since 11/2001 Regional Director: Omar Perez Polk County, FL Beverly Chenault, EMS billing/collections 863-5 t 9-7401 EMS 53,000 annual transports beverlvchenau 1t((i.~Dol ktl.colTI Administrator Client since 2/2001 Regional Director: Patty Heuberger City of Charles Moreland, EMS billing/collections 904-630-7873 Jacksonville, FL Chief 48,000 annual transports chaTlc~m(1rfland(i1)coi.net (Duval County) Client since 1/1997 Regional Director: Ornar Perez Collier County Proposal - EMS Billing & Collections TAB 4 References 25 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 44 of 78 /lLee County Emergency Medical Services has contracted with Advanced Data Processing Inc. (ADP!) to provide ambulance transportation billing since Januwy 2000. During the past 6 years, ADP! has provided excellent billing service for Lee County. Besides a comprehensive billing service, ADP! maintains an open line of communications with EMS and reJponds in a timely and professional manner to any and all requests. The company also provides excellent management reports, which have proven to be an invaluable asset to Lee County. " "For your infonl1atio11, Lee County EMS responds to 70,000+ pre-hospital medical emergencies per year. Total ambulance transports are nearly 50,000. ADPJ's col/ection percentage for Lee County for overall billables remains at a consistent 74?/o, hut more importantly, they continue to increase our revenue per transport levels in the county. Should you have any questions regarding the seroice ADPI provides to Lee County, please feelf;-ee to contact me directly. " -David Kainrad- Administrative and Finance Managerfor Lee County EMS ''ADPI handles all of our EMS billing and we are extremely pleased with ADPI and they have done much and overcome many huge obstacles to increase our EMS billing revenue. Our increase in revenue for 2006 was approximatc~l' $700,000 over 2005.1 can give them a veT}' enthusiastic endorsement. Please call me if you need any additional comments." -Chief Mike Kroeger- Assistant Fire Chieffor Cincinnati Fire Rescue "Early last year, ADPI won our contract in a competitive process and commenced operation on June 1, 2006. In their proposal, they stated that they !mnv how to help us and could do so in a short period of time. The statement was not merely advertising and self-promotion; infact, AD?I has ramped up ve,y quick~v and is now, a.fter only five months, producing monthly revenue in excess of that produced by previous contractors. Ifind them to he not onl.v exceedingly Immt'ledgeable in all matters related to EMS billing but 1 am happy to say that they are accommodating in their dealings lvith us and seek to develop a genuine partnership and view it as a Joint venture. In addition to their proven abilities in the area of EMS billing, they have demonstrated expertise in assisting us to implement and incOJporate mobile data terminals into our operation. Their management of the project has not only kept within the promised timetines, but they have also assisted us to meet our own implementation tasks. We have CVO)! reason to expect that our relationship lvill he long and profitable to the District afColumbia and that AD?I will continue to po/arm in a much more than satisfactory manner. /I -Captain Chris Zervas- EMS Captain for Washington, DC Fire Rescue Collier County Proposal- EMS Billing & Collections TAB 4 References 26 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 45 of 78 Financial References The following is a list of references for the purpose of confirming our financial and professional experience and backing. With the significant financial return to be realized by eollier eounty from this contract, the knowledge that you have contracted the service to a well-financed and stable company is an important factor. We believe you will find that ADPI displays the utmost integrity in all aspects. We encourage you to inquire as to our stability, longevity, reliability and performance in each of these relationships to provide you with every confidence necessary to partner with ADPI as your EMS billing provider. Comoany Contact Address Phone Miller, Ray. Houser & Stewart LLP Joseph N. Miller 3060 Peachtree Rd, NW 404.365-1400 At]anta, GA 30305 Merrill Lynch Kevin Queally 45 Williams Street. Suite toO 781-431-4045 Wellesley, MA 0248t Amegy Bank of Texas David Moriniere 5 Post Oak Park 713-888-46]3 4400 Post Oak Parkway Houston, TX 77027 Merrill Lynch Capital F araaz Kamran 222 N LaSalle Street 312-750-6211 16th Floor Chicago, Illinois Collier County Proposal- EMS Billing & Collectioos TAB 4 References 27 Agenda Item No. 16F4 A 0 VA NeE D~'i;?1; DATA PROCESSING, INC. TAB 5 Executive Summary Collier County Proposal- EMS Billing & Collections TAB 5 Executive Summary 28 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 47 of 78 Executive Overview ADPI has committed to partnering with eollier eounty in such a way as to leverage the use of both partners' resources to produce maximum gain in revenue but also yielding improved compliance and operational efficiencies for eollier eounty. The chart below provides an estimate of expected revenue enhancement proj ected for the period of 2007-2011. The projections start with the base revenue as reported by Collier EMS for 2006 and includes the base revenue increases derived from increased transport volumes. On top of this base revenue are improvements you can expect to see due to ADPI's process, expertise and technology. These improvements (covered in later sections) range from about $1.6 to over 2.3 million annually, the total of which is expected to bring in excess of$12 million dollars over the period. Total Projected Revenue w/ADPI improvements $8,000,000 $12,000,000 $10,000,000 $6,000,000 $4,000,000 $2,000,000 $- . ADPI ImprOl.ement D Base Revenue 007 2008 2009 2010 2011 The chart below shows the net to eollier eounty's EMS bottom-line after ADPI's fees and considering billing costs eollier will not incur by outsourcing to ADPL The total net for the five year period is expected to be in excess of $8.3 million with annual net improvements ranging from $1.2 to 1.8 million. Collier County Proposal- EMS Billing & Collections TAB 5 Executive Summary 29 $2,000,000 $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $- ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 48 of 78 Collier "Bottom-line" - Net after ADPI fees 2007 2008 2009 2010 2011 CoUier County Proposal ~ EMS BiUing & CoUections TAB 5 Executive Summary 30 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 49 of 78 ADPI has met with eollier eounty to evaluate the current process and personnel to collaborate in determining the best use of available resources. eonsiderable tempering of the use of Collier's personnel was necessary due to ADPI compliance and process considerations. ADPI has recommended, based on these limitations and its experience with similar organizations, that the resources be utilized in the following areas and focus: . Data Entry & Quality Assurance - 1 to 2 resources - Review and correct peR documentation prior to ADPI transmittal - Provide continuous performance and documentation feedback . Refund Processing & Miscellaneous - 1 resource Receive, process, and distribute refunds - Review, analyze, and distribute ADPI financial reports - Handle patient correspondence (when necessary) . Hospital Liaison - 1 resource Establish hospital connections, electronic or manual - Retrieve patient information from the hospitals, and transmit that information to ADPI The details of these responsibilities will be jointly developed by eollier EMS and ADPL It is important to note that not all of these functions alleviate ADPI costs. Rather, our experience has shown that focusin on these tasks will benefit revenue and eollier EMS operations. Net Revenue Plan Below is a summary of ADPI's forecast revenue model that was used to project the improvements anticipated based upon data provided by eollier eounty EMS. The data was used to produce the charts above and shows the total net for the five year period is expected to be in excess of $8.3 million with annual net improvements ranging from $1.2 to 1.6 million. It is important to note that the increase in revenue ADPI has projected will more than offset both ADPI's fee and the retention of Collier EMS's resources. Base Revenue Total Revenue AD PI Improvement 2007 $7,480,393 $9,150,227 $1.669,834 2008 $7,704,805 $9,864,137 $2,159,333 2009 $ 7,935,949 $10,160,062 $ 2,224,113 2010 $ 8,174,027 $10,464,863 $ 2,290,836 2011 $ 8,419,248 $10,778,809 $ 2,359,561 Less ADPI Fees Recoup Billing Costs Recoup System Costs $ (549,014) $ (591,848) $ $ 123,165 $ 125,360 $ $ 10,000 $ (609,604) $ (627,892) $ (646,729) 127,621 $ 129,949 $ 132,348 10,000 $ 10,000 $ 10,000 Net of Plan $1,243,986 $1,702,845 $ 1,752,130 $ 1,802,894 $ 1,855,181 $ 8,357,035 Collier County Proposal - EMS Bilting & Collections TAB 5 Executive Summary 31 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 50 of 78 Why ADPI? Twenty-Five Ycars of EMS Billing Experience You leam a great deal when you do something for a long time. ADPI has the most successful track record of EMS billing in the country. Our system has been designed to meet the needs of our clients over a long period of time. We have asked and answered the tough questions about EMS billing others simply have not even considered. Our multitude of established client relationships continually provides valuable feedback from one client's experience that then becomes beneficial to all ADPI clients. Years of Experience iu South Florida We know South Florida. We know about your payer mix. We know your demographics. We know your concerns. We know the payer community and have personal first-name- basis relationships that get the job done. We even have other clients surrounding your eounty for whom we have performed for years. We know how to maximize your revenue and minimize your compliance risks. These are among the reasons that, amongst tough competition, ADPI was selected this last year by other in-house billers such as Palm Beach Gardens, Delray Beach and Fort Myers Beach, to provide superior EMS billing service. We are familiar with the payer community and have knowledgeable personnel to ensure that the job gets done and done exceptionally. We know how to maximize your revenue and minimize your compliance risks as we share throughout our proposaL Our database already contains thousands of records with historical demographic and insurance eligibility information from patients across the United States. No one else has the advantage of our regional knowledge coupled with our national industry perspective and knowledge that can comparably serve the interests of eollier eounty with the highest level of expertise, commitment and results. With the unyielding commitment to continued growth and results we have for the key customer Collier County Is to AD?l. we submit that we offer a solution that will produce unparalleled results for the County. Hospital Liaison Program/Patient Eligibility Information eapturing insurance and patient demographic information from hospitals is essential to performing at high collection levels. ADPI will use Collier eounty's already established relationships with local hospitals, and will continue to secure relationships with hospitals used by eollier eounty EMS to capture patient information. We also serve many municipalities across the country as described within this proposal, thereby increasing the chances of finding patient demographic and insurance information. Our patient database has accumulated and has been updated over the past 25 years. This database will serve as a vital source of insurance information when processing patient accounts. ADPI also has the capability of loading your historical patient infornlation into our database, which will Collier County Proposal- EMS Billing & Collections TAB 5 Executive Summary 32 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 51 of 78 serve as another source of insurance information from which ADPI can perform historical linkage from previous transports. Expertise of Management and Staff You can find several different "types" of companies in the EMS billing and collections industry. First you have a couple of firms that are large and multi-faceted with large top line revenues of which their EMS billing revenue is only a very small percentage of the total company sales. There are no companies in this category with anywhere near the designated resources, expertise, focus or client volumes of ADPL Second, there are many "regional" companies across the country that have, at most, two or three seasoned medical billing professionals running the company. While most of these firms are exclusively dedicated to EMS billing and collections, they are again lacking the depth of experience and have nowhere near the resources and client relationships to bring value to you as ADPI does. ADPI is exclusively focused on EMS billing, and we have more than 20 people on our management team across the country averaging more than 15 years of industry experience, many with 20-25 years. Our customers are handled by Regional Operations Teams who are staffed with experts in the functional areas of coding, data input, payment posting and reporting, customer service, and insurance gathering. Each team possesses regional expertise and is backed by a management team that are experts throughout the entire country, bringing a wide range of tested and proven techniques from within the EMS billing and collections industry. All personnel are routinely trained and updated on compliance issues, and each Regional Team has a compliance liaison who reports to ADPI's Vice President of eompliance and Quality. This focus translates into client and customer service that is unparalleled in our industry. Financial Modeling and Results One of ADPI's most frequently received questions is "What is your average collection rate?" While this number can have some significance when evaluating collection performance, ADPI spends the m~ority of our time bringing solutions to our customers to enhance the amount of revenue collected per transport rather than focusing efforts on a metric that can be highly variable due to many factors. Based on our review of both customers and prospective customers of all sizes across the US, we have constructed and implemented financial modeling and strategies that continue to dramatically impact the success of our customers. Based on the demographic make-up of your transport patients, the fees and policies set by your agency, and the information gathered by your paramedics and EMTs, we have put together a financial model that demonstrates the upside you can expect if you are to utilize ADPI's services. We use these numbers to benchmark our perfoffi1ance and are continually aiming to exceed all expectations we have mutually agreed upon. Not only are the targeted results in excess of historical collection numbers, but you are provided understanding of the calculation of those numbers and can monitor your revenue per transport with an in-depth knowledge of what goes into your results. Collier County Proposal - EMS Billing & Collections TAB 5 Executive Summary 33 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 52 of 78 Mission-Critical Reporting To date, ADPI, like almost every other company in the EMS billing and collections industry, has provided financial reporting to our clients via a set of "canned" reports that are produced at month's end. Because of our programmer staff and technological advancements, we have the capability to meet client ad hoc reporting requests. These reports were historically generated after month-end closing and sent via paper Excel spreadsheets or via our secure web site, allowing our customers to download reports. As of January 2007, we are able to offer reporting to our clients that is incredibly powerful and advantageous versus anything else seen in the marketplace. Our reporting allows for real-time financial reports via the Internet, and also produces clinical and management reporting data that can be used for training and forecasting purposes among other things. This is mission-critical in the sense of managing your vendor, ADPI, and planning many of the operational variables in your department based upon data-driven reports delivered in real time. Front-Eud Operational Focus EMS billing and collection are centered on the notion that if you can obtain insurance information for the patient, you can get the claim paid. EMS has no admission or patient registration department and the individuals who provide care are also responsible for getting billing information from severely ill or injured patients. This results in gaps and errors in patient information. Recognizing these constraints, we have constructed an in depth front -end process that optimizes the use of outside resources during the billing and collection process. ADPI places a great amount of operational efforts on our front-end process with the primary goal of obtaining patient demographic and insurance information. We utilize advanced technology and processes that are designed to locate patient information from receiving facilities, insurance databases, historical transport records and patient phone calls, if necessary. To the degree that we capture valid information and bill the patient's insurance, we believe this lends to optimal customer service for the obvious reason that we do not have to bother your patient for information we are able to recover on our own. ADPI's focus on front-end operations has led to greater results on the financial back-end ofthe process and reduced patient-related issues. Patient Care Reporting Solutions There has been a recent trend of EMS agencies moving towards electronic patient care documentation and reporting. ADPl has been performing these conversions for years and we are now receiving data from more than 15 different electronic patient care reporting systems (ePeR) in the marketplace. We have also worked with many of the largest ePeR vendors to purchase and implement these systems for our clients, recovering our investment via our collection percentage over the life of our contract. Collier County Proposal ~ EMS Billing & Collections TAB 5 Executive Summary 34 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 53 of 78 This seamless approach has positioned ADPI as an industry expert, which is noted by the many clients and vendors that we work with. We have hired dedicated technical personnel in this area that provide expertise on the procurement and implementation of such systems and can help you, depending on which transmittal method you use. As of January 2007, ADPI has the capability to offer our own ePeR solution, TripTix™. We happily demonstrate the advantages and operational ease of this system to any customer or prospective customer that is interested. Our pricing for eollier eounty includes an option which can be exercised to procure this field data solution should the County be looking to improve on the system currently in use. So How Will ADPI Improve Collections? ADPI constantly seeks new ways to improve our customer's reimbursement levels. The methods that we outline in this proposal have the potential to increase eollier eounty EMS's current revenue results. ADPI will work with you to set proper fee rates and provide operational recommendations to improve data collection at the scene, leading to more opportunities for timely and complete information to expedite the billing process. When formulating plans to increase collections, ADPI has five main components that we focus on: eligibility, documentation, coding, NR management and fees. Below is a detailed description of how we will assist eollier eounty in this process. Eligibility Historical EMS collection perfonnance levels routinely indicate that additional insurance coverage may exist that is not identified through current processes. Our experience in many other geographic areas with demographics similar to eollier eounty indicates an opportunity to improve your payer mix. Your staff provided ADPI with the percentage percentage of claims being submitted to each payer, showing about 41-42% of eollier EMS claims are being sent to uninsured patients. ADPI will utilize our many front-end processes to find additional patient insurance eligibility infOlmation with the goal of reducing the self-pay percentage down to a level that we believe the eounty should be seeing, that being in the area of 30-35% self-pay. This reduction would prodnce an upside of more than $450,000 annually. This has been demonstrated to the eounty via the ADPI financial model, as we were given the opportunity to do so We will implement a hospital liaison program to seek electronic data tiles from each area hospital containing their patient demographic and insurance eligibility information after discharge from the emergency room. We have been very successful in implementing these programs in other agencies and with the help of local eollier EMS administrative staff and eounty officials, we will bring this service to you. Where electronic access is not available from a particular hospital, we will implement a manual process by sending someone onsite to capture a copy of the hospital face sheet for each ambulance transport. Collier County Proposal - EMS Billing & Collections TAB 5 Executive Summaryh35 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22. 2007 Page 54 of 78 In addition to the hospital liaison program, we will work with eollier eounty EMS to improve your collection and documentation of insurance information at the scene. With our documentation training, we can help increase the number of reports containing valid insurance eligibility information. Improvement in this area can tend to have a further positive impact on collections. Finally and as described earlier, ADPI will also implement our patient linkage system to electronically seek patient insurance eligibility information from Medicare, Medicaid and other m1!ior third party payers via historical patient transport records. Documentation We will conduct a series of training programs at eounty locations to educate field personnel on the proper completion of incident reports to support revenue wherever it is necessary and mutually agreeable. We encourage your department to track individual performance levels, set goals, and develop an incentive system to improve compliance with documentation requirements. This will include information related to the patient, insurance eligibility, incident zip code, specificity of assessment of medical condition, treatments and interventions, supplies, and drugs. Our monthly reporting will monitor your progress and results from field documentation and can do so down to the level of detail that allows for tracking of specific field personnel if the eounty opts for reporting to achieve this level of detaiL eoding ADPl's coders use the Medicare level of service coding guidelines unless they conflict with a local ordinance. All coders must achieve a 95% coding accuracy to qualify as an ADPI coder. eoders use ADPI's proprietary coding assistance tools to provide consistency and accuracy. In evaluating the data provided by Collier eounty during the RFP process, we believe that the level of BLS claims being billed is high, and thus reflecting negatively on revcnue. Should ADPl be able to work with the eounty to bring this number down to a ratio that we believe is much more reflective of the work being done by eollier eounty EMS and the regulations governing coding, the effect to the eounty should be more than an additional $200,000 annually. Fees ADPI proactively monitors fees regionally and nationally to provide guidance to our clients. The cost of EMS is related to the cost of preparedness and the cost of response. Furthermore, the cost of bad debt is immense. We believe EMS agencies should aim to collect at a level allowing them to reasonably cover agency costs. EMS agencies revenue suffers because of adverse selection. Those who lack insurance coverage and the ability to pay are more likely to call 911 compared to those with adequate insurance coverage or some other ability to pay. We will assist the eounty and provide current marketplace trends on fee schedules. We will work with you when necessary to present increased fees schedules when required to Collier County Proposal- EMS Billing & Collections TAB 5 Executive Summary 36 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22. 2007 Page 55 of 78 meet your fInancial needs and expectations. We know that you do not desire to place an undue burden on taxpayers to subsidize the cost of EMS when insurance coverage exists to fully cover the eounty's cost of service. We routinely develop fee increase strategies as part of the services we provide to help our clients win public support for policies that protect uninsured and underinsured taxpayers from bearing any of the fee increase. AIR Management Our front end process ensures that clean claims are produced, resulting In higher collections and fewer denials. ADPI's regional teams have dedicated NR representatives that are constantly following up on patient claims while pursuing all possible and appropriate means to receive payment in full. ADPI also has a separate Accounts Receivable Department that is dedicated to problematic AIR issues and projects. In short, our aim is to reduce your NR and increase the number of claims that get paid, in whole, and compliantly. Our staff works diligently to identify HMO and other insurance payers who attempt to reimburse less than the full amount billed. We reply to the "short pay" with a letter requesting that the payer pay the full usual and customary rate, which can be defined as that which is charged by your organization since you are the only provider in your jurisdiction. After receiving a response from the payer, the patient is then balance billed. ADPI works vigorously on all claims that are denied on the basis of medical necessity. We pull all documentation, including but not limited to trip reports and hospital notes, for a second review. Through this appeal process we evaluate all documentation and attach alternative diagnosis codes and resubmit using an appeals fonn. We have an 85% success rate in all claims that are resubmitted based on denial. Our denial management program is two-fold; first, we put in place the steps necessary to avoid denials and secondly, we pursue claims that are denied in spite of the precautions we take. Our denial management software and reporting can post denials either manually or automatically with payers who send us an electronic remittance. Subsequent to the denial being posted, depending on the type, we initiate a series of actions specific for that denial reason. If appropriate, the claim will be changed and resubmitted to the correct payer. ADPI, if established in a contract, can accept all old NR for further processing (though we know that at this time, that is not planned). We can resubmit all valid claims that have not passed submission deadlines. Based on the practices and policies described above, we believe ADPI's AIR methodologies and associated technology can bring additional revenue to eollier eounty. Collier County Proposal - EMS Bilting & Collections TAB 5 Executive Summary 37 Re\enul' Cyell' .\1anagement i',,"....I.~l'H ill....,"'\l:"i"."...l' Agenda Item No. 16F4 A 0 VA NeE D'i':?~i DATA PROCESSING, INC. TAB 6 Fee Proposal Collier County Proposal- EMS Billing & Collections T AS 6 Fee Proposal 38 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 57 of 78 ADPI Fee Proposal for Collier County Hillin!! Fees: ADPI herein presents a fee proposal that indicates our confidence in the high collection levels we will continue to achieve for eollier eounty and reflects cost advantages we enjoy from our superior processes and technologies. The base fee is derived from the Seminole eounty contract with ADPI which was awarded resulting from a highly competitive process in 2006. Base Fee Percentage of Net eollections:* Flat Fee for Medicaid Related eollections: 6.25% of Net eollections $7.50 per Medicaid elaim Optional Service Fees: Mailing Notice of Privacy Practice: Processing of "Old" AIR (acconnts w/DOS prior to 3/1/07) $1.00 per patient account 7.25% of Net eollections Fee Reduction: Proposed use of Collier personnel: (per Executive Overview) $2500/month (eredit) Field Automation Option: TripTix (liceused use & hardware): 1.75% of Net eollections per month *Net Collections is Defint'd as Total Cash Colkctions, Less Refunds. The price bid herein shall include all expeuses of billing and collection including, but not limited to, stationery, forms, envelopes, postage, and phone facilities. Credit card fees (generally 2.5% of amount charged) for processing patient payment via credit card account are netted with payment amount. ADPI reserves the right to increase fees to cover increase in postage costs during the term. Collier County Proposal- EMS Billing & Collections TAB 6 Fee Proposal 39 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22. 2007 Page 58 of 78 Proposal Close ADPI would like to thank you for the opportunity to present this proposal to you for EMS billing and collection services. As indicated in our response, we believe that ADPI offers Collier eounty EMS a solution that is unparalleled in terms of the level of expertise and commitment we will bring as your EMS billing service provider, and all at what we believe you will find to be a highly competitive fee rate. If you should have any further questions concerning the contents of this proposal or any other issues we can help clarify, please do not hesitate to contact Don Passaro, ADPI's Vice President of Business Development - Southeast Region, at (877) 600-2034. Again, thank you and we look forward to the opportunity to serve eollier eounty. "Expertise. Commitment. Results." We bring the expertise of the ADPl staff and the strength of our resources and accomplishments. Our commitment to the EMS industry is unrivaled. We are involved on both the national and local level with EMS and the associations representing the industry. We demonstrate this by focusing 100% of our time and resources to delivering the best results in the EMS billing industry every single day. Results in personable and professional customer service: collecting insurance information while maintaining relationships with all patients and payers. Results in reporting: allowing agencies to run by data-driven decisions. Results in revenue: providing you the ability to cover costs. "Count on Us." Collier County Proposal- EMS Billing & Collections TAB 6 Proposal Close 40 Agenda Item No. 16F4 A 0 VA NeE D'fo:??i DATA PROCESSING, INC. TAB 7 Required Documents Insurance Certificate Collier County Proposal - EMS Billing & Collections TAB 7 Required RFP Documents 41 Agenda Item No. 16F4 A 0 VA NeE D'ld:1~i DATA PROCESSING, INC. TAB 8 Attachments General Purpose Statements Collier County Proposal- EMS Billing & Collections T AS 8 Attachments 42 Agenda Item No. 16F4 A 0 VA NeE D'fi:?n DATA PROCESSING, INC. General Purpose Statements Corporation ADPI is a Delaware corporation. Taxpayer Identificatiou Nnmber and Registration ADPI's FEIN and taxpayer identification is 22-3875190. ADPI is registered to do business in the State of Florida. Financial Stability ADPl certifies the company is financial sound with a strong balance sheet and excellent cash reserves. We have no current or prior bankruptcy proceedings. Insurance ADPl will comply with all insurance requirements set forth by Collier County. "Please refer to the Attachments Section of this document for a copy of ADPI's insurance certificate. Litigation ADPI has not had any litigation, claim or contract dispute filed by or against the company related to our services. Conflict of Interest ADPI certifies that neither its officers nor its employees have any conflicts of interest with Collier County. Collusion ADPI certifies that this proposal document was made without collusion with any other person or entity submitting a proposal pursuant to this request for proposaL Equal Opportunity Employer ADPI certifies that it is an Equal Opportunity Employer with a comprehensive Affirmative Action Plan. Drug Free Work Place ADPI certifies that it is a Drug Free Work Place corporation. Compliauce with Public Records Law ADPI certifies that it complies with all pertinent aspects of The Public Records Law. Collier County Proposal ~ EMS Billing & Collections GENERAL PURPOSE STATEMENTS Agenda Item No. 16F4 ADVANCEB~:?n DATA PROCESSING, INC. TAB 9 TripTix Product Overview Collier County Proposal- EMS Billing & Collections TripTix Product Overview 43 ADVANCED DATA PROCESSING, INC. Agenda Item No. 16F4 May 22, 2007 Page 63 of 78 TripTix™ - The Portable Tablet PC Reporting System TripTix™ is the unique software application for entering patient care reports on a lablet PC lhat was custom-developed by Intermedix, Inc. The TripTix multi-media technology system significantly reduces the time necessary for emergency medical personnel 10 enter patient care reports and provides other unique features and data tracking capabilities not currently available in any similar product. The TripTix application comes installed on a durable, hand-held, slate-type PC, which is made by Motion Computing. Not only is this package tough, it is lightweight and completely portable, which allows medics to carry the system into the field and enter information in real time. One of the unique features of TripTix is its handwriting recognition capability. Using a special pen, the medic can write information directly on the face of the tablet, which has a view- anywhere display optimized for outdoor viewing. This allows signatures to be obtained al the scene and allows the medic to enter notes about the incident on-site. Incorrect information can be easily erased. Another feature of TripTix is its GPS integration system. This allows emergency response crews to more accurately locate and report the scene of an accident and gives administrators the ability to see the location of their EMS units at any given lime. One of the most used features of TripTix is its ability to get real-time demographic information about patients. Using cellular data cards from major induslry providers, a medic can enter a palienl's name or social security number and retrieve vital demographic dala about the patient, such as their address, which might otherwise be unobtainable at the scene. Other features of TripTix include: * Bluetooth@ compatibility for sending EKGs * Auto-faxes patient care reports to hospitals * Auto-populates fields for easy, quick selection of data * Lightweight and easily held in one hand * Battery operaled for portability * Voice recording capability Collier County Proposal- EMS Billing & CoIlections TripTix Product Overview Agenda Item No. 16F4 ADVANCED;??: DATA PROCESSING, INC. TAB 10 Contract Materials Piggyback Contract Seminole! ADPI Contract Collier County Proposal- EMS Billing & Collections TripTix Product Overview 44 Agenda Item No. 16F4 May 22, 2007 Page 65 of 78 AGREEMENT BETWEEN COLLIER COUNTY AND ADVANCED DATA PROCESSING, INC. FOR RESCUE AMBULANCE BILLING & RELATED PROFESSIONAL SERVICES. THIS AGREEMENT, hereinafter "AGREEMENT", made and entered into this 22nd day of May , 2007 by and between COLLIER COUNTY, a Florida political subdivision, with principal offices located at 3301 E. Tamiami Trail, Naples, Florida 34112 hereinafter referred to as the "COUNTY", and Advanced Data Processing, Inc., a Delaware Corporation with principai offices iocated at 6451 North Federal Highway, Suite 1002, Fort Lauderdale, Florida, 33308, hereinafter referred to as the "CONTRACTOR". WITNESSETH: WHEREAS, Seminole County, a political subdivision of the State of Florida, entered into an agreement ("Seminole Agreement") with CONTRACTOR dated August 28, 2006 and as amended; and WHEREAS, Seminole County utilized the due diligence established by the County seeking responses from qualified firms to provide medical billings, collections, and accounts receivable professional services for Seminole County's EMS Fire Rescue Division; and WHEREAS, the COUNTY desires to "Piggyback" the Seminoie County process and obtain certain terms and conditions of the Seminole Agreement, and WHEREAS, the COUNTY desires an adjustment to the Contractor's fees if the COUNTY provides certain assistance in completion of the Scope of Services, and WHEREAS, the parties hereto now wish to enter into an agreement, pursuant to which the CONTRACTOR will render those professional services in connection with said project as defined in CONTRACTOR'S Agreement and hereinafter provided; NOW THEREFORE, the parties hereto agree as follows: 1. DEFINITION OF THE PROJECT. The objective of the project is to utilize the services of the CONTRACTOR to provide the COUNTY with ambulance billing and related services. 2. SCOPE OF SERVICES. The CONTRACTOR shall perform and carry out the work as defined in the Seminole Agreement heretofore referenced and attached hereto. All payments shall be paid directly to COLLIER COUNTY or via Locked-Box facility as directed by the COUNTY. COUNTY will provide specific assistance in completion of the Scope of Services and receive credit as defined herein on the basis of assistance it provides. 3. TIME OF PERFORMANCE. This Agreement shall be effective for a five-year period from May 1, 2007 through April 30, 2012, under the terms and conditions contained Page 1 of9 Agenda Item No. 16F4 May 22, 2007 Page 66 of 78 herein unless otherwise terminated. This AGREEMENT may be renewed for a period of two additional1-year tenms by mutual agreement of the parties. 4. COMPENSATION AND METHOD OF PAYMENT. 4.01 The COUNTY reserves the right to request changes in the services within the general scope of the Agreement to be performed upon mutual written agreement by the COUNTY and CONTRACTOR that shall specify the change requested and the adjustment of time and compensation required therefore. 4.02 Any services added to the scope of this Agreement by a change order shall be executed in compliance with all other applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized unless contained in the duly executed change order. 4.03 The CONTRACTOR shall be paid by the COUNTY a monthly amount representing fees for the basic services provided computed as: 4.03(a) Six and twenty-five one-hundredths percent (6.25%) of all monies collected by CONTRACTOR, excluding amounts collected from Florida Medicaid, plus 4.03(b) Seven dollars and fifty cents ($7.50) per Florida Medicaid account, whether or not such account is ultimately paid by Florida Medicaid. 4.03(c) an amount of eighty-five cents ($0.85) per notice for providing billed patient required HIPAA-compliant Privacy Notice per Scope of Work (Exhibit A). Contractor reserves the right to increase these fees if postage is increased by the United States Postal Service, but only to cover additional postage costs. 4.04 The CONTRACTOR shall be paid by the COUNTY a monthly amount representing fees for the optional services provided computed as: 4.04(a) an amount of seven and twenty-five one-hundredths percent (7.25%) of all monies collected by CONTRACTOR for accounts with date of transport prior to May 1, 2007, excluding amounts collected from Florida Medicaid. 4.04(b) an amount of one and seventy-five one-hundredths percent (1.75%) of all monies collected by CONTRACTOR for optional use of CONTRACTOR's TripTix field automation system software and hardware. 4.05 The COUNTY shall be credited by the CONTRACTOR a monthly amount of twenty-five hundred dollars ($2500.00) representing fees for the optional services provided by the COUNTY in accordance with the Optional Services Provisions as specified in Attachment C. 4.06 The COUNTY shall issue a check for the amount invoiced in accordance with Chapter 218, Florida Statutes, also known as the Florida Prompt Payment Act, upon receipt and acceptance of an accurate invoice. Contractor will resolve any disputed amounts within sixty (60) days from the date COUNTY gives notification. Page 2 of9 Agenda Item No. 16F4 May 22, 2007 Page 67 of 78 4.07 Should the COUNTY elect to open and maintain a lockbox, it shall bear all the cost associated with such Lock-box services. Should the COUNTY elect to participate in any credit card acceptance program, agrees to assume and be responsible for all costs associated with such program. All other costs incurred by CONTRACTOR in the performance of services as specified herein (including. but not limited to postage, materials, communications and phone costs and other operating costs) shall be assumed by the CONTRACTOR. 5. REPORTS. The CONTRACTOR shall provide the COUNTY with status reports as set forth in the Seminole Agreement and other reports as mutually agreed. The CONTRACTOR shall also provide changes to such reports and ad hoc report requests on a reasonable basis and as mutually agreed. CONTRACTOR reserves the right to charge an additional fee for any programming cost associated with ad hoc reports that would require more than a reasonable amount of time to accomplish. 6. DATA TO BE FURNISHED BY COUNTY. The COUNTY will make available to the CONTRACTOR, for use in performance of services under this Agreement, all available reports, studies or any other materials in its possession that may be useful to the CONTRACTOR. All material furnished by the COUNTY will not be disclosed to any party, other than as required under the scope of the Agreement, without the COUNTY's prior written approval. 7. INDEPENDENT CONTRACTORS. The CONTRACTOR is an independent contractor and not an employee or agent of the COUNTY with the following exception: To the extent necessary to fulfill its billing and collection efforts under the Agreement, the CONTRACTOR is authorized to sign in an administrative capacity for the COUNTY the following types of standard forms and correspondences only: probate filings; letters to patients or their representatives verifying that an account is paid in full; forms verifying the tax-exempt status of the COUNTY; and insurance filings and related forms. The CONTRACTOR has no authority to sign any document that imposes any additional liability on the COUNTY. The CONTRACTOR shall retain full control over the employment, direction, compensation and discharge of all persons assisting in the performance of service by CONTRACTOR. The CONTRACTOR shall be fully responsible for all matters relating to payment of employees, including compliance with Social Security, withholding tax and all other laws and regulations governing such matters. The CONTRACTOR shall be responsible for its own acts and those of its agents and employees during the term of this Agreement. 8. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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. Page 3 of 9 Agenda Item No. 16F4 May 22, 2007 Page 68 of 78 This section does not pertain to any incident arising from the sole negligence of Collier County. 9. INSURANCE. 9.01 CONTRACTOR shall procure and maintain for the duration of the Agreement, the following insurance coverage: 9.01 (a) Workers' Compensation Insurance in compliance with the applicable state and federal laws 9.01 (b) General Liability insurance in an amount no less than $1,000,000 per occurrence. 9.01 (c) Coverage for business interruption, destruction of data processing equipment and media, liabilities affecting accounts receivable, contracts and independent contractors and, valuable documents in an amount no less than $100,000 aggregate; 9.01 (d) Liability coverage for all vehicles whether owned, hired or used in the amount of $500,000; and 9.02 The policies are to contain, or be endorsed to contain, the following provisions: 9.02(a) General Liability and Automobile Liability Coverage (COUNTY is to be named as Additional Insured). 1. The COUNTY, its officers, officials, employees and volunteers are to be covered as additional insureds; liability arising out of activities performed by or on behalf of the Contractor, including the insured general supervision of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, ieased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protections afforded the COUNTY, its officers, officials, employees or volunteers. 2. The Contractor's insurance coverage shall be primary insurance as respects the COUNTY, it officers, officials, employees and volunteers. Any insurance of self-insurance maintained by the COUNTY, its officers, officials, employees or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. Contractor hereby waives subrogation rights for loss or damage against the COUNTY. 3. Any faiiure to comply with reporting provisions of the policies shall not affect coverage provided to the COUNTY, its officers, officials, employees or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Page 4 of9 Agenda Item No. 16F4 May 22, 2007 Page 69 of 78 5. Companies issuing the insurance policy, or policies, shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles with are all at the sole responsibility and risk of Contractor. 9.02(b) All Coverage 1. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the COUNTY. Contractor shall furnish the COUNTY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the COUNTY before work commences. The COUNTY reserves the right to require complete, certified copies of all required insurance policies at any time. 10. OWNERSHIP OF DOCUMENTS. CONTRACTOR shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. The CONTRACTOR agrees that any and all documents, records, disks, and electronic data produced in the performance of this Agreement shall be the sole property of the COUNTY, including all rights therein of whatever kind except as may othelWise be provided hereinafter. 11. ATTACHMENTS. The fOllowing named attachments are made an integral part of this Agreement: A. Seminole Agreement, dated August 28, 2006 (Exhibit A attached hereto and made a part hereof) B. Business Associate Agreement (Exhibit B attached hereto and made a part hereof) C. Optional Service Provisions (Exhibit C attached hereto and made a part hereof) 12. TERMINATION. During the time of this agreement the COUNTY may terminate this Agreement either for convenience or for default after first giving to CONTRACTOR thirty (30) days written notice. For cases of default, the CONTRACTOR shall be given opportunity to cure the default within the thirty (30) day period fOllowing such written notice. In the event the acts constituting default are a vioiation of law, CONTRACTOR shall be subject to immediate termination of Agreement. 1.1 Upon termination for any cause, the CONTRACTOR shali submit an invoice(s) to the COUNTY in an amount(s) representing fees for services actually performed or obligations incurred to the date of effective termination for which the CONTRACTOR has not been previously compensated. CONTRACTOR shall not be entitled to any other or further recovery against COUNTY, including, but not limited to, anticipated fees or profits Page 50f9 Agenda Item No. 16F4 May 22, 2007 Page 70 of 78 on Services not required to be performed. CONTRACTOR must mitigate all such costs to the greatest extent reasonably possible. Upon payment of all sums found due, the COUNTY shall be under no further obligation to the CONTRACTOR, financial or otherwise. For purposes of this section, the notice period begins when the CONTRACTOR receives written notice from the COUNTY. 13. UNCONTROLLABLE FORCES. Neither the COUNTY nor CONTRACTOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, terrorism and governmental actions. Neither party shall, however, be excused from performance if non-performance is due to forces that are preventable, removable, or remediable nor which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONTRACTOR with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONTRACTOR with full decision- making authority and by COUNTY'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder. the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 15. JURISDICTION, VENUE and CHOICE OF LAW. All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the Page 6 of 9 Agenda Item No. 16F4 May 22, 2007 Page 71 of 78 laws of the State of Florida. Any legal action by either party against the other concerning this agreement shall be filed in Collier County, Florida, which shall be deemed proper jurisdiction and venue for the action. 16. ASSIGNMENT OF AGREEMENT. Except to a parent, subsidiary, or affiliate, the CONTRACTOR shall not sell, transfer, assign or otherwise dispose of this Agreement or any part thereof or work provided therein, or of its right, title or interest therein, unless otherwise provided in the Agreement, without express prior consent by the COUNTY. 17. NOTICES. All notices pertaining to this Agreement shall be delivered, mailed, emailed or sent by facsimile to such party at their respective address as follows: To the COUNTY: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell, Purchasing/GS Director Telephone: 239-774-8371 Facsimile: 239-732-0844 To the CONTRACTOR: Brad Williams Vice President, Finance Advanced Data Processing, Inc. 500 NW 165 Street Road, Suite 104 Miami, Florida 33169 18. PIGGYBACK. CONTRACTOR hereby extends to COUNTY the terms and conditions of the Seminole Agreement with the exception of Compensation and Payments which shall be governed by this Agreement (due to differences in transport volumes of the COUNTY and Seminole County and other service provisions not offered in the Seminole Agreement). Where any conflict exists between this Agreement and the Seminole Agreement, this Agreement shall prevail. 19. REPESENTATION AND WARRANTY. CONTRACTOR represents that they have experience and agrees to follow all Federal, State and Local Laws including, but not limited to, Public Records Laws and those laws and statutes applicable to discrimination. 20. SEVERABILITY. Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected thereby. 21. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties. The CONTRACTOR represents that in entering into this Agreement it has not Page 70f9 Agenda Item No. 16F4 May 22, 2007 Page 72 of 78 relied on any previous oral and/or implied representations, inducements or understandings of any kind or nature. [signature pages to follow] Page 8 of 9 Agenda Item No. 16F4 May 22, 2007 Page 73 of 78 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dated: (SEAL) By: James Coletta, Chairman Approved as to form and legal sufficiency: Assistant County Attorney Print Name CONTRACTOR: Advanced Data Processing, Inc. A Delaware Corporation DOUG SHAMON PRESIDENT Page 9 of9 Agenda Item No. 16F4 May 22, 2007 Page 74 of 78 Exhibit A: Seminole County Agreement Agenda Item No. 16F4 May 22, 2007 Page 75 of 78 Exhibit B Business Associate Addendum CONTRACTOR the "Business Associate" and COUNTY hereby add the following additional language to the Agreement. 1. CONTRACTOR shall carry out its obligations under this Addendum in compliance with the privacy reguiations pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F - Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"), to protect the privacy of any personally identifiable protected health information ("PHI") that is collected, processed or learned as a result of the Billing Services provided hereunder. In conformity therewith, CONTRACTOR agrees that it will: a. Not use or further disclose PHI except as permitted under this Addendum or required by iaw; b. Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by this Addendum; c. To mitigate. to the extent practicable, any harmfui effect that is known to CONTRACTOR of a use or disclosure of PHI by CONTRACTOR in violation of this Addendum. d. Report to COUNTY any use or disclosure of PHI not provided for by this Addendum of which CONTRACTOR becomes aware; e. Ensure that any agents or subcontractors to whom CONTRACTOR provides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to CONTRACTOR with respect to such PHI; f. Make PHI available to COUNTY and to the individual who has a right of access as required under HIPAA within thirty (30) days of the request by COUNTY regarding the individual; g. Incorporate any amendments to PHI when notified to do so by COUNTY; h. Provide an accounting of all uses or disclosures of PHI made by CONTRACTOR as required under the HIPAA privacy rule within sixty (60) days; i. Make their intemal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the Department of Health and Human Services for purposes of determining CONTRACTOR's and COUNTY's compliance with HIPAA; and Exhibit B Page 10f 2 Agenda Item No. 16F4 May 22. 2007 Page 76 of 78 j. At the termination of the Agreement, return or destroy all PHI received from, or created or received by CONTRACTOR on behalf of COUNTY, and if return is infeasible, the protections of this Addendum will extend to such PHI. 2. The specific uses and disclosures of PHI that may be made by CONTRACTOR on behalf of COUNTY include: a. The preparation of invoices to patients, carriers, insurers and others responsible for payment or reimbursement of the services provided by COUNTY to its patients; b. Preparation of reminder notices and documents pertaining to collections of overdue accounts; c. The submission of supporting documentation to carriers, insurers and other payers to substantiate the health care services provided by COUNTY to its patients or to appeal denials of payment for same. d. Uses required for the proper management of CONTRACTOR as business associate. e. Other uses or disclosures of PHI as permitted by the HIPAA privacy rule. 3. Notwithstanding any other provisions of this Addendum, the Agreement may be terminated by COUNTY if CONTRACTOR has violated a term or provision of this Addendum pertaining to CONTRACTOR's material obligations under the HIPAA privacy rule, or if CONTRACTOR engages in conduct which would, if committed by COUNTY, result in a violation of the HIPAA privacy rule by COUNTY. Exhibit B Page 20f 2 Agenda Item No. 16F4 May 22, 2007 Page 77 of 78 Exhibit c: Optional Service Provisions The following are Optional Services which will be provided by CONTRACTOR upon mutual agreement of the COUNTY and the CONTRACTOR under the terms and conditions specified in the Agreement: 1. The deployment and use for the term of the contract of the CONTRACTOR's TripTix field automation system software and hardware as specified. 2. Billing and collection for accounts considered as "Old AIR" defined as accounts with Date of Transport prior to May 1, 2007. The following is considered a modification of Scope based on County's provision of personnel and performance of the following responsibilities. This is an option exercised by mutual agreement between the COUNTY and CONTRACTOR the details of which shall be defined in a separate document. Successful exercising of this option and completion of the defined responsibilities by the COUNTY shall entitle the COUNTY to a reduction in fee as a monthly credit as defined in the Agreement. The following are a general description of the responsibilities for consideration: 1. Data Entry & Quality Assurance - 1 to 2 resources a. Review and correct PCR documentation prior to ADPI transmittal b. Provide continuous performance and documentation feedback 2. Refund Processing & Miscellaneous - 1 resource a. Receive, process, and distribute refunds b. Review, analyze, and distribute ADPI financial reports c. Handle patient correspondence (when necessary) 3. Hospital Liaison - 1 resource a. Establish hospital connections, electronic or manual b. Retrieve patient information from the hospitals, and transmit that information to AD PI Exhibit C Page 10f 1 Agenda Item No. 16F4 May 22. 2007 Page 78 of 78 Memorandum To: Dan Summers, Director, Bureau of Emergency Services From: Steve Carnell, Purchasing/General Services Director Date: May 8, 2007 Subj: Cooperative Purchase of Ambulance Billing Collections Services Pursuant to your request and in accordance with the Board's purchasing policy purchasing department staff has reviewed the contract between Seminole County and Advanced Data Processing (ADP) Inc. for ambulance billing collection services and the acquisition process Seminole County used to procure the agreement. In the opinion of purchasing staff, the Seminole County process was very competitive. Seminole County RFP 0780-06/TRJ was posted in March 2006. A total of seven (7) responses were received. A selection committee reviewed the proposals and subsequently ranked the proposal from ADP as the number one (1) ranked firm. In making their recommendation, the committee considered several factors including the business procedures proposed by each firm to achieve maximum collections, the fees charged for these services and each firm's prior experience and qualifications pertaining to performing these services. The Seminole County BCC awarded the agreement on June 13, 2006. Staff from both the emergency medical services and purchasing departments have reviewed the agreement and determined that it will meet the business needs of Collier County. Under section XII.B of the Board's purchasing policy, the Purchasing/General Services Director has authority to approve the utilization of contracts created by other governmental entities without seeking further competition. Should you have any questions concerning this matter, please let me know. Purchasing Department Agenda Item No. 16F5 May 22, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Memorandum of Understanding between Collier County and Moorings Presbyterian ehurch of eollier eouuty OBJEeTIVE: Board of County eommissioners approval of Memorandum of Understanding between eollier eounty and Moorings Presbyterian ehurch of eollier eounty. eONSIDERATIONS: Under ehapter 252, Florida Statutes, eollier eounty, through its Emergency Management Department, provides coordination of emergency services within Collier eounty. eollier eounty 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 eollier eounty authorities. eollier eounty 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 eollier eounty and Moorings Presbyterian ehurch of eollier eounty to coordinate relief efforts at the time of a disaster. ~ GROWTH MANAGEMENT: There IS no Growth Impact with this Executive Summary. FISeAL IMPAeT: There is no Fiscal Impact. REeOMMENDATIONS: That the Board approves the MOU's between the eollier County Board of eounty Commissioners, through its Emergency Management Department and Moorings Presbyterian ehurch which has volunteered to partner with Emergency Management during both a Presidentially declared and undeclared disasters. Prepared by: Judy Scribner, Human Services Program Manager, Emergency Management Department. - Item Number: Item Summary: Meeting Date: Page 1 of1 Agenda Item No. 16F5 May 22, 2007 Page2of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F5 Recommendation to approve Memorandum of Ullderstanding for County emergencies between Collier County and Moorings Presbyterian Church of Collier County 5122120079.00:00.A.M Prepared By [Jnte Judy Scribner Public Services CllseManagement Supervisor Housing & Human Services sm200711:13:12AM Date Appro\'ed By Dan E. Summers County Mana(ler"s Office Bureau of Emergency Services Director Bureau of Emergency Serviees 519120079:21 AM Date ApprOlled By OMS Coordinator County M<>n;:.ger's Office Administrative Assistant Office of Manag<'lment 8. Budget 511112001S1SAM Date Approved By Michael Smyl<.owskl County Manager's Office Management & Budget Director Office 01 Management 8. Budget 51~1I200710:14 AM Date Approved By JamesV. Mudd Board of County CommiSSioners County Manager County Manager's Office 5111/200712:04 PM fil...Jlr.\ A (T.....,.h.T..d\J:'V....Arl\Q'L~A,,,.G/..'l{)'l'l G/.. 'l{)'1(\(\'7\ 1? G/.'1{)f"'(')1\T(;:l::1\fT'(}':''l{) A "'t::lo.m ^ \ 1 Co l:11 COn(\{....7 ~ Agenda Item No. 16F5 May 22, 2007 Page 3 of 6 Memorandum of Understanding Between eoIlier eounty Board of eommissioners And Moorinl!s Presbyterian ehurcb I: Pumose: The purpose of this Memorandum of Understanding (MOD) is to set forth, define and establish mutual agreements. understandings, and obligations by and between the Collier County Board of eounty Commissioners, through its Emergency Management Department, and Moorings Presbyterian Church. II: Statement of Basic Resoonsibilities: A. Collier County Board of eounty 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 ehapter 252, Florida Statutes, the Board of County eommissioners, 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 eollier County authorities. In addition, eollier 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 eollier County authorities deem it necessary. B. Recognizing the increased demand for churches, temples, and synagogues to supplement assistance and recovery to victims of both Presidentially declared or undeclared disasters and the need to work in harmony with local governments and private relief agencies, the Moorings Presbyterian ehurch wishes to assist in rendering the most efficient service with a minimum of duplication to the citizens and guests of Collier eounty. ID: eoordination of Effort: Cooperation and coordination between eollier county Government, through its Emergency Management Department and Moorings Presbyterian Church at a time of major disaster and during the post-disaster recovery period should be maintained at efficient levels and is part of the purpose of this Agreement. Moorings Presbyterian Church works on a voluntary basis as a member of the eollier Emergency Response Volunteer (eERV) Working Group, and will make a continuing effort to acquaint its members of this Agreement to assist eollier eounty government in carrying out mutual responsibilities for disaster relief IV: ResDonsibilities: 1 ... Agenda Item No. 16F5 May 22, 2007 Page 4 of 6 Collier eounty Emergency Management Department agrees to the following: 1. Notify Moorings Presbyterian Church of the potential need to assist in activities following a disaster, and 2. Participate in and develop training in disaster response for the members of Moorings Presbyterian Church~and 3. Assist in the development plans for Moorings Presbyterian ehurch~ and 4. Schedule periodic meetings and/or exercises to familiarize members of disaster preparedness or recovery initiatives; and 5. Utilize, when and as appropriate, the services of Moorings Presbyterian Church for disaster relief and recovery projects; and 6. Whenever members of Moorings Presbyterian Church 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 ColJier County, and Collier eounty shall be liable for their acts and actions as if they were performing their duties for eollier eounty; and 7. eollier 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 eounty 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 eounty's Sovereign Immunity limits. B. Moorin&!s Presbyterian ehurch agrees to: A. 1. Provide facilities and/or staff to eolJier eounty 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 eollier 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 offacility and manpower capabilities at least annually prior to June of each year. e. Both of the above named parties agreed to the following: 1. No modifications or changes will be made to the facility/property by the Collier eounty 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 2 ~ Agenda Item No. 16F5 May 22, 2007 Page 5 of 6 wear and tear is considered to the responsibility of the organization/owner/operator. 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. Effedive Date. Automatic Renewal. and Modification: This Agreement presents the general and some specific guidelines by which Collier County, through its Emergency Management Department and Moorings Presbyterian Church 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 eommissioners 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 eounty reasonably believe that the spirit or intent of Chapter 252, Florida Statutes is not being effectuated by this Agreement. AS TO COUNTY: Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY eOMMISSIONERS eOLLIER COUNTY, FLORIDA, By: Deputy Clerk By: , ehairman WITNESSES: 0n,^,~, Q. XG.-LvJ- . ~t Name: c...y nTf'l,' rt ,4. L Ai, t'I' ~~' ~ ~ Print Name: ~ P6"-"J\.., (J0lo.(JA.Y'< (cD MOO:z?gS P sbyterian Church By: .' J:)/lf;ckr[ I STATE OF FLORIDA eOUNTY OF COLLIER The foregoing Jnl':l I instrument was 2007, by acknowledged before me this-EJLday as of of 3 \bs~ G. ~st("y , a:S cte~ [ ] has produced driver's license no. Agenda Item No. 16F5 May 22, 2007 Page 6 of 6 . @She is ~erSOnallY known to me, or as identification. ~'. (SEAL) NOTAR~LIC~ th ~ Name: ~ n.WL ( (Type or Print) My Commission Expires: Approved as to form and legal sufficiency: ~()-~ Ie er A. Belpe . Assistant County Attorney 4 Agenda Item No. 16F6 May 22, 2007 Page 1 of 16 EXECUTIVE SUMMARY Authorize a budget amendment of$23t,000.00 from reserves to the Department of Emergency Management to support the purchase of seven (7) portable generators from Godwin Pnmps of America under bid number (06-3953) to improve the disaster response capability for Collier eounty. OBJEeTIVE: To provide funds for the acqUlsll10n of seven (7) 45KW portable generator units and associated temporary distribution panels, cables and minor accessories to provide temporary portable power response capability for at least 50% of its designated evacuation shelters. The generators will be available as back-up equipment to other county departments during non weather related events. The equipment may be used during non weather events to support lift stations, traffic signals, Fire and EMS stations, and other power interruption events as approved by the Emergency Management Director. The Department of Emergency Management has the resources to store, tow, maintain and operate this equipment on an annual basis via its annual program support funding from FEMA. CONSIDERATIONS: eollier eounty Emergency Management has identified a serious shortfall in the availability of critical life safety back-up generator systems. In previous years the Department of Emergcncy Management has relied upon pre-event disaster rental agreements with pre-paid retainer fees to provide mission critical portable generator equipment 72 hours before the arrival of a storm or hurricane. The coordination and logistical support for the pre-hurricane landfall delivery of this equipment severely taxcs the capability of the county's shelter SUPP01t teams. The teanlS are taxed by the rental equipment delivery so close to landfall. It is critical that some generator equipment be pre-positioned and tested at our shelter sites several days before landfall for the safety of all involved. The Department has tried unsuccessfully this fiscal year to engage in the rental process and has gone through two (2) recent fOffilal bid or quotation processes. Rental fees have tripled since the 2004 hurricane season. In 2004 and 2005, $20,000.00 was paid each year. In 2006 rental contingency fees escalated to $40,000.00 and the most recent and responsive bid was for $62,131.00. Since 2004, $80,000.00 has been spent on contingency rental equipment for only seasonal availability. Should the county rent this equipment again this year at the current bid response, over $140,000.00 will have been spent on rental equipment retainer fees. Our recent bid process has revealed that rental vendors are reluctant to rent on a contingency basis in the hurricane prone communities when the equipment can be more profitable to the weekly rental or construction markets. - Agenda Item No. 16F6 May 22, 2007 Page 2 of 16 Emergency Management has determined that with proper care and maintenance the requested generators should have a life cycle of a minimum of 7 -10 years. Assuming 7 years as a minimum life cycle; and $80,000.00 annual payment in contingency fees; and assuming these fees do not continue to rise; the county would save over $310,000.00 over a 7 year period of rental fees, and have the safety of resources "on-hand" for a timely response. Additional savings could be recognized by reducing some rental cost for periodic needs by other county departments. The Department of Homeland Security and its Federal Emergency Management Agency and the State of Florida have done little to otTer funding or insure a timely delivery of temporary portable emergency generators for local response until well-after landfall and the clearing of transportation routes. Federal or State support for p0l1able generator needs is not expected until 72 to 96 hours after landfalL This delay in emergency generator support is not acceptable and would place our evacuees in peril without basic emergency power resources at our shelters. While FEMA will not reimburse the purchase of these generators, it will reimburse reasonable and customary cost for their operation during the disaster period. While this project supports our "first-line" generator support capability to the shelters, more generators if needed would be rented locally or regionally, as the storm impacts and would be followed by State and Federal support as available. The Department of Emergency Management continues to seek funding sources and partnerships for large permanent generators at evacuation shelters. The State has partnered with eollier eounty District Schools for lOO% funding for one fixed gcnerator for Palmetto Ridge High SchooL Portions of Palmetto Ridge High School serves as our primary Special Needs Shelter and installation of the one megawatt plant is expected to be completed by December 2007. eollicr eounty District Schools has been most helpful and accommodating providing supp011 where possible to all shelter operations. Equipment specifications for the generator units are identical to equipment recently bid and purchased by the Public Utilities Department in an attempt to standardize parts and maintenance efforts. This equipment while primarily acquired to support Emergency Management needs will be compatible with the needs of the Public Utilities Department and may be shared with other departments for other infra-structure protection needs. It is our intention to utilize current bid (#06-3953) and purchase like equipment, should the funds be authorized. This etTort should help expedite the purchase and delivery of the equipment for this season. Other equipment such as distribution panels, weather proof cables, security equipment such as wheel locks and chains will be acquired from other local sources. FIseAL IMPACT: The $231.000.00 requested funding for this initiative will require a budget amendment transferring the funds from General Fund Reserves 001-9190 I 0- 991000. GROWTH MANAGEMENT IMPAeT: There IS no Growth Management Impact associated with this executive summary. Agenda Item No. 16F6 May 22, 2007 Page 3 of 16 REeOMMENDA nON: The Board of eounty eommissioners authorizes the budget amendment and directs the Department of Emergency Management to acquire seven (7) portable generators from Godwin Pumps of America under bid number (06-3953). PREPARED BY: Joseph W. Frazier, Emergency Management eoordinator r Item Number: Item Summary: Meeting Date: Page ] of 1 Agenda Item No. 16F6 May 22. 2007 P8ge 4 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F6 Authorize a budge: amendment of $231 ,DOOCD from 'eserves to the Department of Emergency Managemenl to support lhe r,urchase o/seven (7) portable generators/rom GodwInPurnpsofft,flIericaunderbidrlumber(06-3953,ltolloprovethe disaster response cOlpClbiitty ~or Collier County 512~12007 9:00:00 AM Dale Prepllred By JosepnFrazier AnministrativeSerJ;ces PurchllsingAgent Purchasing S/10!20078:10:43AM Dan E. Summers Dale Appro\'ed By Countv Manager's Office Bureau of EmE'rgency Ser/ice.. Director Buro.1uof Emerg<!n::y Serllices 5/1CI20078:38AM Approved By S~ott Johll5on AdminislrativeServices. PurchnsingAgent Date Purchasing 511Ui20072:55PM Date Approved By Mike Hauer Admtlll:;tr.niveScrvices Acquisition Manager Purch~sing 5/1O/20073:04PM D'" Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Pureha&ing 5110120073:08 PM Date Approved By OMB Coordinator Counl\' Manager's Office ~ Admini"lraliv~ A~slstal1t on,ce of Management &. Budget 5'1112007825AM Date Apprond By Michael Smykowski County Manager's Office Man,1<jcm.-,u.& Budget uirector Office of r.,tanagement & Budget 5Itl!100110:08AM Onte Approved By JamesV Mudd Board a/County CommiSSIOners CountrMarHger County Manager'sOmee 5111120074:20 PM -- f;l...flr'.\ ^,.,,,,,...A...T..,,t\J:;~~~..-t\Q':l l\Am,O/_"')rn"') 0/_"')(1"')(1(1'7\ 1 to. OI."')"rn......'('J:;.....TTO/"')flll"-C.....TT> ~\ It: ~llt:l"')flfI'7 Agenda Item No. 16F6 May 22. 2007 Page 5 of 16 ~ COWER COUNTY GOVERNMENT ADMINISTRATlVE SERVICES DIVISION 3301 TAMIAMI TRAIL EAST purchasing Department NAPLES, FL 34112 (239) 774-8407 Fax: (239) 732-0844 www.colllergov.net/purchasing NOTICE OF AWARD Date: July 26, 2006 To: Mr. Joseph L. Abbott Godwin Pumps of America, Inc. One Floodgate Road Bridgeport, NJ 08014 BID 06-3953 RE: Title: Purchase of Generators This letter will serve as notification that on July 25, 2006, the Board of County Commissioners considered your proposal for the above-referenced bid. You are the sua:essful bidder and have been awarded a purchase order for the following service{ s): Furnish and Deliver services, in aa:ordance with the terms and conditions and spedfications of Bid 06-3953 A formal contract for this service will not be necessary. The using Department will forward you a Purchase Order which will serve as the County's Agreement to your Proposal. Please provide a ament copy of your insurance certificate (copy of the requirements attached). Please be advised that a purchase order cannot be issued until we receive the insurance certificate. Upon renewal of your policy, please furnish us with a replacement certificate. Thank you for your interest in Collier County, and congratulations on the award of this contract. If there are an questions, please do not hesitate to contact me at 239/417-6098. cc: Tom Stiers, Wastewater Collection Department attachment: Insurance Requirements I Bid No. 06-3953 Purchase of Generators Page 15 Agenda Item No. 16F6 May 22, 2007 Page 6 of 16 / (' THIS SHEET MUST BE SIGNED BY VENDOR Board of County Comml..lon... Collier County, FIorIdo Purchlllling Dopatlmont BIDDERS CHECK UST IMP 0 R TAN T: P...... _d .."""IIy, sign in the speces Indicated and !lIll!m with your Bid Response. Bidder should check off each of tha following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings. descriptive IKerature. etc. have been included. 6. Any delivery informanon required is Included. 7. If reouired. the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been Signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples. Florida 34112 10. The mailing envelope must be sealed and marked with: .r- . Bid Number; . Bid Title; . Opening Date 11. The bid will be mailed or delivered in time to be received no later than the specified OPElnino date and time. (Otherwise bid cannot be considered.) AU COURIER DEUVERED BIDSJRFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. of America, Inc. Abbott, National Sales Manager Anril 27. 2006 Date "..- Agenda Item No. 16F6 May 22. 2007 Page 7 of 16 The Bidder proposes and agrees, if this bid is accepted, to contract with the County to furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: PART A Furnish and Deliver Unit Price Generator 1 for 20 hp pump $ 27,211.00 Generator 1 for 30 hp pump $ 32,006.00 Generator 1 for 47 hp pump $ 47,630.00 Delivery Time in Calendar Davs days 50-60 Days; ARO Service Facility Name and Location Tampa,FL Two Copies of Manufacturer's Specifications Attached [1a Yes Deviations from Specifications? o Yes []j Yes o No o No o No If so. List of Deviations Attached? I Bid No. 06-3953 Purchase of Generators Page 17 Agenda Item No. 16F6 May 22, 2007 Page 8 of 16 r PART B Generators: Sizes from 220KW thru 2000KW Percentage Discount From Current Catalog Pricing: 25 % Installaton of Generators nme and Material Cost: Hourly Rate S 82 . 00 Material Costs: $ Cost + ] 0% Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered, Prompt Payment Terms: 0 % 0 Days; Net ~ Days Addenda received (if applicable): #1 Yes #2 #3 r- Bid Response continued on next page.... /""'" Bid No. 06-3953 Purchase of Generators Page 18 Agenda Item No. 16F6 May 22, 2007 Page 9 of 16 BID RESPONSE CONTINUED The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Bid Response be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days; will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 27 day of April ,2006 in the County of Gloucester , in the State of NJ Godwin Pumps of America, rnc Firm's Complete Legal Name One Floodaate Road (Address) Bridgeport, NJ 08014 (City, State, ZIP) Phone No. 856-467-3636 Fax No. !l~6-467-442B Check one of the following: o Sole Proprietorship [XJ Corporation or P.A. State of New Jersey o Limited Partnership o General Partnership ~ T and Written Signa r Joseph L. Abbott. National Sales Manager Title I Bid No. 06-3953 Purchase of Generators Page 19 Agenda Item No. 16F6 May 22. 2007 Page 10 of 16 .~ ~.********************************.*..**.**.**..*.*................................................. . ADDITIONAL CONTACT INFORMATION Send Payments To: (REQUIRED ONLY if different from above) (Company Name used as Payee) (Address) (City, State, ZIP) Phone No. Contact Name Title FAX No. Email address: Office Servicing Collier County Account !Place OrderslRequest Supplies (REQUIRED ONLY If different from above) 3007 N. 50t:h St:reet: r-- (Address) Tampa, FL 33619 (City, Stale, ZIP) Contact Name Craig Godwin Phone No. 81B-74\l-OB31 Title Sales Enaineer FAX No. I'll <_74n n<<? Email Address:tarnDa@aodwin~urnps.com Note: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid response pages. r-- Bid No. 06-3953 Purchase of Generators Page 13 Agenda Item No. 16F6 May 22, 2007 Page 11 of 16 Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS -X- 1. Workers' Compensation Statutory Limits of Florida StaMes, Chapter 440 and all Federal Government Statutory Limits and Requirements. -X- 2. Commercial General Liability (Occurrence Form) patterned after the current I.S.0. form with no limiting endorsements. Bodilv Iniury & Prooertv Damaae $500.000 Single Limit Per Occurrence -X- 3. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attomeys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. -X- 4. Automobile Liability OwnedlNon-ownedlHired Automobile Included $500.000 Each Occurrence 5. Other Insurance as indicated below: a) Professional Liability $ -0- b) Builder's Risk $ -0- J Agenda Item N~16F6 May 22, 2007 Page 12 of 16 r Hill Nil. O(..J9~) I'un:husc of Generalur", P3~ 14 Collier County Florida Insurance Requirements (Continued) -X. 6. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he Is required to meel. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. . ...Jt 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate lor Commercial Generel liability, ...Jt B. 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 Tamiaml Trail Naples. FL 34112 ...Jt 9 Thirty (30) Days Cancellation Notice is required. ...Jt 10. The Certillcate must state the Bid Number and Title r BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained In these specifications. and that the evidence 01 said insurance may be required within five (5) business days 01 the award of bid. Pumos of America. Inc. Sign ure of Bidder Jos ph L. 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'::;V}Q~a: :E OJ . 0;:) .l!';; -- ..eo.::- ~.!a ~ 0- a .s : > "0$::;;> :5~~ .P 0. u~~ ~ ~E OIl ~ ._ . 0.- '=, e ... ~ ~ ft p~ ~ c II ft.~ .l!~'O fo-o..o ,,0 -d .- -0 s.g ~ ~8 0 ~ fJ ~ " !i ~ ~ ~ oS 3 ti o 0 ~ i;l ~-g ~ ~ li !3d"E 08~ li~~ ~ "" ~ ~ ~ ~ :E u ~ ~.9~ 0-.- u ~ ~. -EB-g >,~c:> ~ ~ u u~-S e-gE 6 Cd g ~~~ :if ~ ~ ~ e .5 E ~ . ~ . ~ 0.. .= OIl .5 ~.~ ~ a ~ o ~ a ;;~~ .~ 0 E e '0""'. ~ Ci C ::l ~ ~ ~jj-g ;;; ~ ~ ~ . . ~] .5 ~-o g> -g~uJ Cd .g e ~ ~ . ~:9::;! '00 tl ~ JjiJE.. vl "0 .~ ::l G:: vl ~ .... >,.0 ~ ~ ~ 'g ~] "0 ... vl .~~ ~ ;J a ~ vl ~ ~~ .}! o ::1 -- - :';l :i:<;l .s ~ 81 ~ ~ '" 0.. .;:: ;> ..... ~ 12 ..I<l a 0 l:l. -0 ...- '" ;><0 ~ 0.. <:l ::c 0'; ., o ~....; .~ "d ~~ t:: .... E N l::: 0 tU ~ i:'d Cl)0~ ;.... ~ ....... ,;: ..I<l]gu "'" ... fl 'C::C ~ .. ~0~~2 ~ ~ a'J ~.... c:. - ~o -'8'0il '" .::I '8 ~:::: ~ r~ :g~~s:: ~ =....~::>;g =: =.8'"O~ou~ -i e B~oa~ ~ "'d ~ Os Q) 8 ~.~ ,~ ... .~ s:: >< .... ::: .... 0 -1 0 lIJ '.;:ll.tl ] of u .c ~ <t:"":! 4-+~O o ~ gg ~,,-. e._z E '" "ol) - 0.."815 coe. '!i ti: g, """"" o C:'~ "O~ ;:; o ;;;; I Agenda Item No. 16F6 May 22, 2007 Page 14 of 16 To. 856-467-4428 03/13/07 12.58 PH pag" 2 of 3 From: DeLeonDiana ~ CO....... CO... y GOVBRJOIBIlT .lU)MUU8TKATlVB 8PVlCU PXVl810R . 3301 TAMIAMI TRAlJ. !l;A8T P\orcha...... Depart_ot IfAPLlt8, FL 3411:1 '23$11 774-837S; FlU< (23?1 530-6897 www.ooUlercov.net ------- March 13. 2007 Joseph L Abbott Godwin Pumps of America, Inc. One Floodgate Road Bridgeport, NJ 08014 Fax: 856-467-442& RE: Renewal of Contract #06-3903 "Purchase of Generators" ~- Dear Mr. Abbott: Collier County has been under Contract with your company for the referenced servlces for the past year. The County would like to renew this agreement under the sarne terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement. If you are agreeable to renewing the referenced contract, please indicate intentions by providing tne appropriate Information as requested below: .L your I am agreeable to renewing the present contract for Purchase of Generators under the same terms and conditions as the existing contract. I am not agreeable to renewal of this contract. If you are agreeable to renewing the contract, said renewal will be in effect from July 25, 2007 until July 24, 2008. Also, plea~ provide an updated certificat!t of insurance for our files. Due to the VOlUme of insurance certlflcates received in the Purchasing Department, the contract number should be referenced on the certifiC!lte to ensure that our records are updated accordingly. Agenda Item No. 16F6 May 22, 2007 Page 15 of 16 To: 856-467-4428 03/13/07 12:58 PH Page 3 of 3 From: .DeLeonD1ana PlIge 2 of 2 Renewa' of Contl'llClt 1108-3963 "Purchase 0' Generators" Please return this lelter to. the Purchsslnll Department with your response and Insurance certificate no later than April 6"'. Your pr~mpt attention is urgently requested.. If you have any questions you may contact me at 239m4-8375. . Very truly yours, ~/7~ '-~rc DianIo;; Leon . Contract Technician Acceptance: Godwin Pumps of America, Inc. .--, - \.) John If. . Paz; President Typed Name and Title (Corporate Officer) Dale: March 26. 2001 In ordEn to make sure our contract information is current, please provide the following information: Contact persOn: Joseph Abbott. National Sales Manager Phone # 856-467-3636 Fax' 856-467-4428 Email salesl[lgod...inpumps.com Address: One Floodgate Road, p,!' i d~~f.'p'lr l. .~ I '-'~';)]-4 Cc: Tom stiers, Wastewater Collection Agenda Item No. 16F6 1-319 P002/0~~~1~007 04-65-'07 13:48 FROM-THE ADDIS GROUP 6102798543 ACORD. CERTIFICATE OF LIABILITY INSURANCE CPKl n~ ~"16 "";:::;r-l 04JO~J07 -- THIS """ ".!CAn! . __ M It. IMn1!Jt lIP INl'DIlIIAllON ONLY IfiD ear _ -4 NO RKlHTa UPON 11fE CERTlACATI! no. _. Gz'oUP. %no. -.ot!R. 1HIlI c:mmFICAlE DClU N01' _II, IiX1EIlD OR 2500 RcDa1..anc. B1vd. .t. 100 AI. TER THE COYI!IWJI! N'~ flY TIlE -..olD 1IIiL<IW. XiDs of ~..i. PA 1'406-3772 PhoDe.Cl0-27'-0550 ".x.S10-2,,-8S.a3 -'_AFFORIlIIIG _I: NAIe . - --.ok ....... -..... ~ 0.. 16S3S _It ~ ......... .. LlMiltc:r 262'7 g:~!a; of itri.oa. %DC. _a a,,!dg_" i! ft 14 _It -., CCIVERAIlQ tHe POl.ICI!8OF IMI\IfWICIi LW1'm1ll!LOW HIIWE ~.....-ow 1tle INSUIEOfWMiDMr;Mi FOR THI!! P'OUC'tfleNOO INDICATSD. rcnwrrtII'I'A/'CMNGI NIY....S'T. T8llOIItCONDlTlONOf MNCONl'RACTOftCJl'Hl!llt DOCUMEtfTWIlH ADP!CfTOWfEH THI8 CiRl1FICAief/IAY ~ tSeUEOOR ....VP5RfMI. ne."'PW<<:SAFF'ORDIDBVlHlI! I"OI.JCIEI DDCAlIIDHCMIN ~ alJLl&CTlO AlL TMlTSMIS. f'W"Il ~ ANO~I""'Ol" SUCH ~.....,.,_ lIIIR'S 3HOWN MAV MIMi: IEeN fU!I)UCZD ft f"AII)ClAIa ~- B! ~or:..'_.~ POUCY_ """. .-'LMMJI'Y I!ACH~ $1 OOO~ooo .a. ~ tOII.Fc:u.L.GDIIIW.LNILf1'Y GL08196352 03/01/07 n/Ol/OO '&00..000 - -l'"""'"""""[!]0CCIJI0 IE)"",,_~ OlD 000 - ~INN"""'" 01 000 000 - __-n; 52,000 000 ~-YElIIlIlTn,- PAQalJC'T'a.0C\IMP'f0I"N)G 12 000,000 I'OLlCVI l~ lOC ~UABI.lTY COMlNJeD IlM!ILELMT 51,000,000 A :II: ""IUm JlAP0156336 , 03/01/07 03/01/00 1&0_ = _ AU.CJWtB) AUTOS lIOOI.YIIWRY . -:::- l!CHEDWi>"""'" I '""'- ~.....,"""'" IODILYlNJtJIItY 0 X _AlIlOO ...- i'" c:.... $250 """""""'- 0 'i" eon f500 ....- :ru..nT AUTOOM.'t. &II. ACCD!NT . _AU1\) ~= ...u:c . .... . ,-"""".-I.~ M04OC't:\ -IC& no 000 ODD a 'u""""" 0..-...... AnC:U7to66 03/01/07 OJ/Dl/08 .......-...T1! .30.000 ODD =1= . 0 . . ~~TJD"AND X 1".It'. ~ -~ WC:OU6J35 03/01/07 03/01/08 u. 0AQl """"""" .1.000.000 M'(~7INR1~1\I! ........_~ ". EX'CUJQIOD? E.L DInAR ~ I!A 11,000 000 ~_...... E.l.~.POI.JC'tLMT 11,OOO..QOD -- or-. - ..... 01' Clf'lltAflDN8, L.DCA1'IDNS/'VIHICL81 ~ NMlIID In'..... Elrr/iP'I!(;J&L~ ... ai4 .0. 05-3553 eo111er county Board of Count:.r c~..iOlWr. i. aamed .. .dditio~l inauzed .:Ltb raapeota to GeD,eral LiaJ:t11ity oovez;ag.. co;w..IZZ CANCI!UATION atIOQ"pAWt c. THf. MOW ~1tOI.JCZa BIr CANCm.Lm -.oR TN! EXI"IR4T1ON QllTl!~.TNII.-..o~wu."OMVaIlTDIM&. !!.- U..,.WIITTDII NCmCI!. TO,.,.~TE HOlD!aNMlm TO.... L8FT,1WT "AlLUM YO DOao.....t. IMPOIlIIm OIN.JIMTJDtII OK............,OF.,.... UPON ,.....uRDl" rn......,.. OR _A_ ~~""'~GJ~ "ACORD COIII'CIRATION 1881 Cl!Il'TIIlICATE HOUlER c:olU..., C:o=~ a..."" of COWlt.y cc-u...10A*:r. At. tat D!.aaa >>e L.oik 3301 _..t T.-iami ~~.11 1Iap1.., FL 3"'112 ACORD 2lI(21lO1_ Agenda Item No. 16G1 May 22, 2007 Page 1 of 32 EXECUTIVE SUMMARY To approve and execute Site Improvement Grant Agreement(s) between the eollier Connty eommunity Redevelopmeut Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle eommnnity Redevelopment arca. OBJECTIVE: To approve and execute a Site Improvement Grant Agreement(s) between the eollier eounty eommunity Redevelopment Agency (eRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. eONSIDERATIONS: Annually, the eommunity Redevelopment Agency's Site improvement Grant Program is funded at a level that satisfies existing grant obligations from prior fiscal years and future grant opportunities. The purpose of the grant program is to provide an incentive to revitalize the area by providing a matching grant to encourage the private sector to upgrade/rehabilitate their property. The residential property grant requires applicants to provide a project cost-match of at least 50% with thc remaining project dollars supported by Tax Increment dollars generated from the eRA District. For FY 07, a total of $180,000 is budgeted for the rehabilitation grant program. From this allocation, $100,000 is available for new projects and $80,000 is committed and due to previously approved applicants upon satisfaction of all grant stipulations. The site improvement grant application submitted by John & Julie Simoldoni of 2631 Lakeview Drive, Naples FI., 34112 was recommended for approval by the Bayshore/Gateway Triangle eommunity Redevelopment Local Advisory Board at their May I, 2007 meeting. FISCAL IMPAeT: Sufficient budget exists within the FY 07 Bayshore Gateway Triangle Fund (J 87) to satisfy this new grant application. A Site lmprovcment Grant may fund up to 50% of the applicants project cost up to a ceiling of $8,000. This site improvement project totals $23,684.00 and the grant request is $8,000.00 which is 34% of the estimated project cost. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the eounty, including the Bayshore Gateway Triangle eRA that may consider alternative land use plans, modifications to development standards, improvements to infrastructure and incentives to encourage redevelopment. REeOMMENDATION: That the eRA Board approves and authorizes for execution the Site Improvement Grant Agreement between the eommunity Redevelopment Agency and John & Julie Simoldoni of 2631 Lakeview Drive, Naples Fl., 34112 in the amount of $8,000.00. Prepared by: Jean Jourdan on April 23, 2007 Project Manager, Bayshore/Gateway Triangle eommunity Redevelopment Agency -1- Item Number: Item$ummary: Meetlng Date: ,s.qemt3Item 16G1 :!.()()7 L of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16(;1 10 approve and execute Site Improvement 3ranl Agreernelltis\ b'i!tween tne Collter COllnt~ C:ommll~ily Recevelopment Agency and a Grant ApDlicanns) W,tlllll the BaysrH)ttJ GiJtI:'way TrI<Hl9lnComrnulllty i'<edevetoprrwmaro<l :S[;{)OOi U22i2007,IOCOO/..M Project Manager Dale Prepared By Jean Jourdan Community Redevelopmcnl A>lency 8ayshore-Gal0W~y Redevelopment S14I200711A4:00AM JellnJourdan [Jate Approved By Community Redevelopment Agencv PrOject Manager B~yshon!_Gateway Redevelopment 519/2()()7 2,03 PM Approved By Date DavidJllck!'.on Community R~dev"lopment Aqency Executive Director Bayshore-GatewayRedevclopment 5i9/20072;09PM Date Appro\'edBy OMBCoordinator County Manager'sOIf,ce AdrninistrativeAssistant Office of Manllgell1ent & Budget 519i20073:35PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 5/1112007519 PM Dmr. Allproved By .James v_ MtJdct l3aard01 Counly C,.,,,,misswner,, County Manager County Milnager'sOffice 5/11120076,0:1 PM file://C:\AgendaTest\Export\83-May%2022. %202007\ 16.%20CONSENT%20AGENDA \ 16,. 5/1612007 "tJ!{"\/A~lAla It~~yN202.1~~; v n I t/ /I VI1I. Page 3 of 32 GRANT AGREEMENT BETWEEN eRA AND OWNER FOR SITE IMPROVEMENT FOR BA YSHORElGA TEW A Y TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this 22nd day of May, 2007 by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "eRA") and John and Julie Simoldoni (hereinafter referred to as "Owner"). WIT N E SSE T H: WHEREAS, in eollier eounty Ordinance No. 2002-38, the Board of County Commissioners delegated authority to the CRA to award and administer eRA grants including contracts with owners for eRA grants; and WHEREAS, Owner has applied for a site improvement grant in the amount of $8.000.00 dollars; and WHEREAS, the eRA has determined that Owner meets the eligibility requirements and was approved for a grant award in the amount of $8.000.00 dollars on May 22, 2007 ("eRA Approval"), which is 34% of the costs to construct the site improvements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: I. Owner acknowledges to the eRA that Owner has received a copy of the eolIier County Community Site Improvement Grant Program (hereinafter referred to as "Grant Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to the CRA that Owner lUlderstands and agrees to abide by aU of the terms and conditions of the Grant Program. Owner agrees to the terms and conditions of the Grant Program. 2. Owner is the record owner of property described as 2631 Lakeview Drive. 3. Owner has agreed to make certain improvements to the properly pursuant to the grant application submitted to the eRA dated April 13. 2007 attached hereto as Exhibit A and incorporated herein by reference. 4. Owner agrees to complete the construction of the Site Improvements within one (1) year of eRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. FY2007 SIG Agreement Agenda item No. 16G1 May 22, 2007 Page 4 of 32 5. CRA has approved a grant to Owner in the amount o~ g, 000 0 0 to be I administered pursuant to the terms of this Agreement based on an estimated cost of ,;)3/ '" iV. 00. If the actual costs are less than the estimated costs to construct the Site Improvements and less than $8,000, the grant amount shall be reduced dollar for dollar in matching CRA funds as determined by ratio of matching private funds required. 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of the Site Improvements and no Owner, or any immediate relative of Owner, shall receive compensation for labor for the construction of the Site Improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mo1her-in-law, father-in-law, brother-in-law and sister-in-law. 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Divisio11- Upon completion of the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials and construction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the eRA staff. The CRA, through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty-five (45) days after confirmation that the Site Improvements were constructed pursuant to the terms of the approved application, Owner shall be issued a check in the amount of 1he grant. However, if Owner fails to make the improvements pursuant to 1he terms of the approved application, or if the project is not completed within one (l) year of CRA approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant shall be deemed revoked and Owner shall be entitled to no funding. 9. of Florida This Agreement shall be governed and construed pursuant to the laws of the State 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or writte11- No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. II. This Agreement is personal to Owner, and may not be assigned or transferred by Owner or to Owner's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. FY2007 SIG Agreement 2 Agenda l18m 1'>10. 16G 1 May 22. 2007 Page 5 of 32 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year fIrst written above. OWNER: ByJe ,h? '-{'6~") _\;fl1d~(V: Printed/Typed Name \j (2)Y,.~f' ~ Witness Signature /"";Nf:oc..... !c J....MC"SoN Printed/Typed Name [3 ~. -, ~ ;;w, })jc;~ j -- .J~S-iJGA( ---. A TrEST: DWIGHT E. BROCK, elerk eOLLIER eOUNTY eOMMUNITY REDEVELOPMENT AGENey By: , Deputy Clerk DONNA FIALA, Chainnan Approved as to fonn and legal sufficiency: ~ FY2007 SICi Agreement 3 Agenda Item No. 16G1 May 22, 2007 Page 6 of 32 THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA SITE IMPROVEMENT GRANT APPLICATION Yesterday .?~~ , -,TJ SITE IMPROVEMENT GRANT APPLICATION .^ .....".-,.--"" ~ ~'?i '. 'Ii: ro ~ i' r i:,VUi, John and Julie Simoldoni 2631 lakeview Drive Naples, FI., 34112 Ilf]//3//itJ,Ni, 1~~; Vn/tM/l/v,/ of 32 SITE IMPROVEMENT GRANT PROGRAM General Provisions The Collier County Community Redevelopmcnt Agcncy (CRA) crcatcd thc Sill' Improvement Grant Program to provide tinaneial assistance to cxisting residential (single-family O\\l1er- occupicd and single-family or duplcx rentals) and commercial establishmcnts in the Bayshore!Gateway Triangle Redevelopment Area hy offering financial and technical a<;sistance for site improvements. Improvemcnts must hC cxtcrior improvements to the structure or surrounding sitc. All improvemcnts must meet thc critcria listed below as wcll as the current requirements of thc land dcvelopmel1l code. huilding code, construction inspections and pCl111iK and any applicable zoning overlays. lmprovemcnts thaI rcmedy existing code enforcement problems also qualify if combined with other sitc improvcmcnts. The CR/\ is funded by Tax lneremcnt Financing (TlF). TlF is a uniquc tool that CRA's can use to levemge public funds and to promote private scctor activity. . For single-family owner-occupied residcnccs (I to I dollar matJ::h): The CRA will provide 50% of thc cost of imprm'cmcnts to existing structurcs. buildings and surrounding propcrty. up to a maximum grunt amount of$8.000. For example, a project that will cost $16.()OO total may rcceivc a grant f(Jr up to $!L!lOO, howevcr a project that will cost a total of $7JlOO will only; rcccive a grant for up to $3,500. . For single-family or duplex residential rcmal property (I CRA to 3 private dollars match): The CRA will provide 25% of the cost of improvements to existing sfructures, huildings and surrounding property, up to a maximum grant amount of $8.0(](). . For umuncrcial propertics (I CRA t(1 2 private dollars match): The CRA will provide 33% of!he cost of improvements to l'xisting structures. buildings and surrounding property. up to a maximum grant amount of SH.OI)Il. Funding awarded will he evaluated ha,ed on the contribution madc hy each applicant as well as the extent ofimprovemenLs. Commercial projects must include a minimum ofthrce (3) diffcrent types of improvcmcnts and any residential projccts must include a minimum of two (2) different types of improvcmcnts (descrihcd bclow). For example. a project that consists of' only one type of improvement (ncw sign only or new paint) will not qualify. All work must he prcapproved hy the CRA Advisory Board, the eRA and any applicablc county dcpartments that would normally rcview such improvements. All proposl'd work must bl' approved bcforc bl'ginning any work. Grant funding is not rctroaclivc. All work mllS[ he L'ompleled wilkin one ,l'(!Ur (?lufJprol'al hy ('RA, ApfJlicanls' are required to request a meeting with slat!prior [0 .I'lIhmula/ o(app/ica[ion. Eligibility Gran! funds are eligihle 10 commercial structures (owner or tenant with a minimum lease tcrm of 2 years remaining) within the Rayshorc/Gateway '1 rianglc Redevelopmcnt Arca. Tcnants must f7J'2/2\ Agenda Item No. 16G1 May 22,2007 Page 8 of 32 have a current occupational liccnse and owncr authorization. Authorization form must be submitted with application. All single family ovmcr-occupied residcnces are eligible to receive Site ImprovemCllt Grant funds. Multi-fa.mily and rcsidential rcntal property are limited to single- family or duplex dwellings. Grant funds may be used for the following improvements: . Removal of false fa~ade. awnings. canopies, porches. signs or old entryway . Porches. a\\11ings~ canopies . Construction of new public entrances . Signs - rcmove & replacc, on building or monument stylc . Parldng l.ot Improvcmcnts. drivcways. swalcs or storm water improvements . Fencing (chain link not approved) . Painting (all colors must he approved) . Window or door rcplacements or repairs to hurricane standards. hurricane shuttcrs . Repointing of mortar joints f(.lr brick or stone fronts . Exterior woodwork repair. replacement or new installation . Stucco work, or new siding (stucco, vinyl or hardihoard) . Landscaping installation and improvement at front of building (visible from public street). and must ineludc in-ground irrigation system . New Rooting. rain gutter system and soffit work . Construction/repair materials i r work performed by applicant . All work must he completed within one year of approval by eRA Grant funds may not be used fur: . Working capital or administrative costs (payroll, rent, utilities, etc.) . Sweat equity (time/labor ofapplieant or family) . New construction, residenlial or commcrcial . Residential or commercial additions/cxpansions of cxisting buildings or on site . Rcsidcntial rental properly - apartments or buildings with more than two units . Interior renovations . Seawalls or watcrfront improvements . Demolition only . I.ollils or othcr capital support . Work that will extend beyond one year of approval by eRA . Work completed prior to approval of sit(~ improvement grant Project Evaluation All projects will be evaluated based upon thc f(,lIowing: . Applicant's financial contribution (grcatcr the applicant's contribution, morc points awarded) . Numbcr and cxtent ofimprovemcnts (minimum 3 for commercial. 2 for residential) . Ability to begin work immediately and abilitv to complcte projcet within one ycar . Remedy of code enforcement problems :' Agenda Item No. 16G1 May 22, 2007 Page 9 of 32 POINT EV ALUA nON FORM .II. point system will he uscd by CRA staff to evaluate projects, using thc following table (application must clearly indicatc what projcet providcs to get the points associated with thm item): i--------- ~---- ---.------- r-------------..---------- I -'~-l I -~T- ioints ' 1',;i~tS--l ! Available Awarded' , I ' ~ . I ____~I 1_~-L____ I 1 i __.__....J Ii New siuns. on buildin!! or monunlcnl I 1 I I ~f~:E~~~~!:~~:~~--l~- l~~;\~;i~:~t~;;~;;i~i~TS~v~~~~;r_st;~ront~_ _____~- ~==j ..--.-..--}--r------.J m~~dR:~r~::::;~ r:~I\~~~I:~n~~j{if~=lnSlallatiQl~---- -- --~--. --E-]-: __.]. _ ____ , Stucco o~"idir1g WOl:.kn~~______ ___ . _ Il___ I Parkin" improvcments (Commercial) I 2 I I e _ .___...____.__~__... Qriv'e~~E'OJ')I"':ement~>r:it11J1rovcll1ent..(l~e.sicl.ential) ____~___+-l- L"ndseaping imEc,-vemcnts and irrigation SY-,,~er~_________ I 2 Hurricane protection (storm shutlers. windows:doors) ____.---=_~ 1--~_2. ! Fencing __________ . ____,______~_ _____J___!___ 1--- Subtotal r=--____._===---=--_6thcr Cri~ria _-~____ _ .__1. I ,\pplicant has funding and is prepared to hcgin permitting proccss and hiring I I of qualified contractors immediately following eRA approval and complete I all work within O!lC vear of af'Imwallw eRA . ~___5 Ilmp~-;;~~;;~~~ts \~ill-.Jl(l\~ al)plj~~l~-t-t~~;eJTIcdy e"i~ii;lg-~ode ~-nt;;r~~;;~~~-t------i 5 ! : ~;tOt~~~~ite Improv~;l1~nt (ir,;;;t applic;;;:;trrepeat applicants qUalifYl(;~~~--- i if grant not aw"rdedJJreviot,lsly or_t'd_ c'2.mmercial siteL______ . i CRA contrihlltion of 25% or less oflhe tot~[t:e~.~(}Sl I eRA contrihution of 26(~{1 - 50~/~J of the total project cost ~.~. ~=_:==---~~:~:---~~~~-- I'ClI'liTS FOR~I Project Provides Removal of falseJCl_~ade. avming:s:..':anopics. [lord,es. "igns o~ld entryway NC\\~~tl~,_~\Vnlng, and/~_~anor~' _ ___.____.___. .S:()!'struction of nevvp.'lblic .<:'ntr"ll_ce_ ____~__. I l 1 ? I 1-- ---I i 5 I --I 10."1 5 i 5 -r-3-j -----_J ~~?O~~ l/l-J NOTE. 1: Any alterations in thL' project must bt, prc-aprroved hy the eRA to avoid n:vocmlon or funding. In the even! thal the total funding request from all applicants exceeds the amount <:lvailahle for this t:'T'dllt cycle. funds will be awarded at the final discretion oflhe eRA based on the m::rits provided to the redcveiopmenl area. NOTE 2: Grant is filr rCllovatioll,'jrnprnVL"TIlent of existmg structures. Granl may be awarded for improvements made to ""existing" struClures as part ofa ne\-\- construction project (example: hurricane quality \-'I'indo\\' rcplac....lTlcnts on exislIng structure as pan ofresidc:ntial room addition or commercial ot1icc expansion). ~~g~. ] Agenda Item No. 16G1 May 22, 2007 Page 10 of 32 PROCESS Step 1: Applicant Meets with Staff . Applicant must request a meeting with staff prior to submittal of application. . Applicant & staff meet at project site Stcp 2: Applicant Submittal . Site Improvement Grant Application . Project Initiation and Completion Form . Owner Authoriz.ation Form (il'eommereialtenant is applicant) - requires notariz.ation . Two 8 x 10 color photos of the existing building !"<wade ("bellm:" photos) . Sketch of proposed improvements . Budgct estimates l()r the improvcments if work to be completed by applicant . Submit two (2) wTitten cstimates/quotes from qualifiedmcensed contractors . Copics ofcolltractors license and oecupationallicensc Step 3: eRA Staff and Advisory BO(trd Review . CRA staff reviews application and complctes the Points Form. then places the applicatioll' on agenda of next Advisory Board meeting . Advisory Board checks project 10 make sure it meets all grant criteria and Redevelopment Plan criteria . Applicant is required 10 be prescnt at the Advisory Board meeting to answer any questions that may arise during the review or to provide additional material ifrequested . If project meets all criteria. the Advisory Board makes a recommendation to eRA to approve the application . Grant funding is limited with first priority givcn to projcets with higher points Step 4: eRA Revicw and ApprO\'al . CRA staff prepares Site Improvement Grant Agreement f()r the CRA to rcview and appro v e . Applicant signs Site Improvement Grant Agreement . Application with Advisory Board recommendation and agreement placed on eRA agenda for rcvicw and approval . CRA reviews Advisory Board recommendation and agreement during regular meeting and approves or denies project Step 5: Permittinl: and Site Plan Improvement Prucess . If eRA approves project. applicant obtains all neeessary pemlits and/or submits eounty site improvemcnt plan to Community Dcvelopment & Environmental Serviccs Division. (Proof that all necessary permits \Vcre obtained, i.e. windows. doors. ruoling and any other structural improvements. will be required for payment of the Site Improvement Grant.) Step 6: Project Work . Applicant applies for and receives permits. then begins work 4 Agenda Item No. 16G1 May 22. 2007 Page 11 of 32 Step 7: Projcet Completion and Suhmittal of Projcct Summary Rcport . c.'pon completion of work and after all inspections have been completcd to insure work confonns to the work that was proposed. applicant submits: " "Project Summary Rcpol1." including description 01' completed improvements. two 8X I 0 color "after" photos. contractor invoices. list of materials and construction techniques used. list of architects and/or contractors and any additional infomlation specific 10 the project. . Notarized ""Payment Request Form" and all materials receipts and/or canceled checks as proof that all materials and contracted improvements havc been paid Step 8: CRA Staff Submits Project Completion Report for Paymcnt . CRA Statl visits site and documents improvements. . CRA Stall forwards Completion Report and documents 1O County for payment. Project Forms All applicable forms must he completed. Forms to include with application (Sections 1 through 3): I. Project Initiation and Completion Fonn 2. Ovmer Authorization Fonn (if commen:ial tenant is applicant) - requires notarization Form to complete and havc approved by eRA prior to start of projcct: 1. Site Improvement Grant Agreement (provided by staff after Advisory Board recommendation and prior to CIV\ review and approval of grant application) Forms to submit following project completion: 1. Project Summary Rcport Fonn ~ Payment Request Fonn, requires notarization \ ORIGINAL Agenda Item No. 16G1 May 22, 2007 Page 12 of 32 SITE IMPROVEMENT GRANT APPLICATION Section 1: Applicant Information Owncr Name: '- /:)h,,; "S; ;/70 L'~('lv' Ovmer Addrcss: ,) t, j I J. t:J kc' Vi r.: to) Site Address (if diffcrent from owncr addrcss): ,iJI? v (~ Dj"J i.~ ,/. f( ) c/ 117 Lcgal Description of Site: Daytime Phon(~Jj.Lr'J 7- 3iXiL_____________'.___" Alternatc Phone: _ (.Lit,;'},_ ? 7 >I .:JX2.i, [-Mail ,.\ddress: ____..L.2ir>:Lf/rJ, ,J, (Ii. o ' /} FccI'1F {'( , _L L i(' /r1 How long have you owned this propeny? ,:2 (j )"/,2) , lIow long is lease term if leased'? (attach copy of lease) _, Tcnant Nan1e (Commercial Only): Tenant Daytime Phone: Tenant Alternate Phonc: Number of Years in Business at Site Address: Occupational Lieensc Number: Olhcr Tenant Names. if anv: , First Time Site Improvement Gram Applica11l') Yes frS:J NoD Ifno. how many applications subrnit1ed') Grant(s) awarded') Yes D NoD 6 Agenda Item No. 16G 1 May 22, 2007 Page 13 of 32 Section 2: Project Information Existing Condition of Project (attach addilillnuJ shects if necessary): /-I, ,'J.. I i].r: J (k I 1t'Yl ~1 /1, f ,{ (.1/1J '.....A , iJ, A.. (1/" ( , w 1I'F {h /I/'I-' /?'r (::. "'j.~ 1I1(J t' r< "..'/~:J- V / ATTACH "BEFORE" PHOTOS AT LE4ST TWO 8XIO COLOR PHOTOS, OTHERS MAY BE ADDED TO ACCURATELY DESCRIBE THE SITE). Outlinc Proposed Improvements in Dctail (attach additional sheets ifncccssary): List !\latcrials 10 be Uscd and Construction Mcthods to bc Utilized (i.c. rcd bricks. wood panels. woftype, ctc.) (attach additional shccts ifneccssaryl: A 1'7AClI PlIOTOC01'/E:~ Of' EXISTING COVlJ1710SS l'llOTOS llJlo'Nl1FHNG' ARE.IS TO BE 1,Ill'ROVE/J. ATTACH DRAWINGS OR SKETCl/ (W 1,ltl'ROJ'EMENTS. ATT4Cl/ COLOR SAMP/.ES FOR EACII lMI'ROI EME.\T. 7 Agenda Item No. 16G1 May 22. 2007 Page 14 of 32 Section 3: Project Cost Information Estimatcd Projcct Cost: . ALL WORK TO BE COMPLETED BY A LiCENSED CONTRACTOR . A.PPLICATlON MUST HAVE A T LEAST TWO (1) WRITTEN E\'TIMA TES/ QUOTESATTACHED TO THEAPPLIC4T/OiV. . COPIES OF FLORiDA/ COLLiER COUNTY CONTRACTORS LICENSE AND COLLIER COUNTY OCClfPA T/ONAL LICENSE MUST BE ATT4C/lEI) TO E~,)TlMATE'S/QUOTES.. Estimated Rcquested from eRA $_ <is cx::o. 0 0 _ _. Residential owner-occupied (up to 50.110 of the total project cost, up to, but not exceeding $8.000.) Residential rental (up to~% of total project cost, up to but not exceeding $8,000.) Commercial (up to ~/~ of total project cost, up to but not exceeding $8,000.) 33 COPIES OF ALl- RECEIPTS AND/OR CANCEl.ED CfIECKS WIl.l. REQlJIREI) UPON PROJECT COMPLE11Ol' ,is PROOF mAT AU MATERIALS ANI) CONTRACTED IMPROVEMENTS /lAVE BEEN PAil). .'VO REIMBURSEMENT WIU BE MADE n}' TIfE CRA UNTIL ALl. RECEIPTS ANn/OR CANCEHED C/lECKS /lA VE BEEN REeEII EO ANI) VERIFfED. FOR eRA USE ONLY Request from eRA: d(? fp}! if' ./ (7 IJl'. ) , ,I ~ 'I' . ::: yp:, Total Estimated Project Cost: Pcrccntagc of Total: ~\ . ~. ,'- U./'{ CZ, lit, '7 ' . jLA-"lC;~ -::-X"VI'le'\'(}Ct' '-' -f-. . ~ - . Ow~~r Signatu,e r, Date f ./ } I, I / / X ~L ~ -~- \// ?,j, / Ow~er\Signa7ure .:___ Date I ~);" ) (}:uQjfl/l{)_ ";;3 ~Z ~ ~_c 8 Agenda Item No. 16G1 May 22. 2007 Page 15 of 32 PROJECT INITtA TION AND COMPLETION FORM (to bc submitted with Site Improvement Grant Application) 1. ~jJ\(Lj~JJ-1L~'),.~~__c_ ~_, (\wncr/tenaJ1l of the property located at .2L ,; I L{,;/:<,,:, /-) __' have the funding and capability necessary to begin the siw improvcmcnts listcd under Section 2 of thc complctcd site improvemcnt grant application and havc the ability to complete all improvemcnts within one year of the approval of the site improvement grant by the Collier County Community Redevelopment Agency. \ .' 1--- 1/ I // 1:/ f (. , .....,Lfc:..: .' ------r"--'-.-.c::'- Signatflre ofO~ner/Tenant (Co~;;;~rcial only) / , ~/ 1_ Date / /1 -.~i ) /' -' .I/._~A~:~.,.. }","-1-1:'- ,I, ;Y.;.<'-_(/\ ._.._____.__ . ---r - Sigriature ofOwnerrTenant (Commercial onlv) (if jointl)' owned or Icased) ,ili Date Signature ofOwnerrrenant (Commercial only) (if jointly owned or leased) Date 4 Agenda Item No. 16G1 May 22, 2007 Page 16 of 32 PRO.JEeT SUMMARY REPORT FORM (Submit after project completion) Describe Condition of Project: ATTACH "AFTER" PHOTOS (INCLUDING AT LEAST TWO 8XIO COLOR PHOTOS, OTHERS MAY BE ADDED TO ACCURATELY DESCRIBE THE SITE IMPROVEMENTS). List Materials and Construction Methods uscd, especially if unique methods wcre necessary to preserve or enhance some aspects of the improved site (attach additional shcets if necessary): - List Names and Contact Information for Architects and eontrdctors Involved to Provide Proper Credit Provide any other important information specific to the projcct. All projects will be listcd in the annual project report of the CRA so details and noteworthy information about the projcct is very critical. " - \, / ( \ / i I" ~ fOwn r Sigiia'ture I /; .'.-\-.,; -n'-A\;'~ ~..,)...t,.l'I 't;,.,-<,~-,C'~ t', Owner Signature l / /~ '1///7 Date 'I (?/c Date - II ~r-N OOM (!)O~ ~N 0 ciN-r--, ZN~ <= >- OJ .... ro Q) ~2~ ro '0 c OJ OJ <{ ~ Q ..-a C ..}- C d jA-' v1 .~ 11'I V V .,l.. 6 <.J , d Jr ~ - '6 J \l ," ~"'" ~-:. ......''''~ I t i ; , \\' f' 3 " '::) ....- ..-0 c... v J - - 2 VI M Detai Is Agenda Iter\;~ lel!11 May 22, 2007 < Page 20 of 32 :':::'u-: tv ;':"~cord 1--.--1 JP Folio No.1i 48; 73720004 Current Ownership Property Addressll2G:ti LAVEV1E:W OP fJ Owner Nam SIMOLDONI, JOHN Addresses 2631 LAKEVIEW DR City I NAPLFS State Fl Zip 134'112 . 587~ Legalll GULF SHORES Bl". 5 lOT' 3 OR I 1270 PG 554-555 Section 14 T ownshi 50 Range 25 Acres 0.17 Map No. 5A14 Strap No. 3916005 135A 14 Sub No. ",I Use Code J91600 GULF SHORES SINGLE FA MIL Y RESiDENTIAL /,' Milia Area 111 ;~'J Milia e 14.1B74 2006 Final Tax Roll (Subject to Change) Latest Sales History :f a,l! \}3[UE::;' sh:)V\rn t::elz)w equal [1 tt:lS- p.a.rc~d \fy'as cr~at(;:1 2~er tn~> t=ini'"J T<1x R{)n Land Value (+) Improved Value j""l Market Value $ 42"T.284_00 $ 152,407.00 S; 579,691.0(1 S 442.745.00 S 136.946J}{; S 25.000.00 Oate II 05' 1937 II 9{)(j!<: r';;:.~W 1270 555 Amount I $ 110,OOOJ)O I ,.\ SOH E~(>mj}t Valu": I~f Assessed Vahl(" :-1 H(J:w~~,tead ami nHH;1 E>Wr~1nt \-',1!t1: 1';::1 Taxable Valup j; 11-:.MG,OQ SOH"" "Save Our Homes" exempt value due 10 cap on assessment Illcreases The Information IS Updated Weekly \ httn" /iv...rurv..' ('()111("rqnnr~l'i...(,1' rnrn/R p('nnlnf~tnil ~~,n'}M~In=Nn8r ~'nl inl r)=()()0004R 171.. 7?nn04, 4!70nOr}7 I , Prim Map Agenda Ite~%tr 1 ElC.f1] May 22. 2007 Page 21 of 32 ~) 2004 Coliler County Prope'ty Appraiser \.'Vhrle trle Collier Count" ProperlY Apc.ralst" IS committed to pfO\/ldlng the most accurate and up-to-date information f1( tm the data herein Its use. Of liS Interpretatlor nttn'/iman" (,()"lPr~lnnr~ll"'f'r ,'om/\,\Jf':hm:lnlmnnnrint a,n'X')lil1f~=)V()rif>"nl=1 ;\ :-.Jnsc A PF&na 4nnn0fl7 Agenda Item No. 1681 May 22, 2007 SOUTHERN SIDING AND WINDOWS CONSTRUCTION AGREEMSN42 of 32 This agreement. dated this _~_ day of. Naples (CONTRACTOR), Flonda Certified Building Contractor Ucense ,. CBe 1252853, , 20__ by And between J Miller Building Company I Southern Corporation of ,"",ase address is 25090 Bernwood Drive North, Benils Springs. FL. 34135 and (OWNER) whose legal address- " , tor wor\o; to be performed at , tor the work d€scribed below and on the accompanying Specifications of Work, is agreed as tollows' OWNER agrees to provide unobstructed access tor CONTRACTOR during nomal business hours tor the completion 01 the work. CONTRACTOB agrees to complete the work described below according to industry standards, and :n such a way as 10 ensure the validity of manufacturers' warranties. The tola! amount of the contract ($ ) Is to be paid as tollows: OWNE ., .t- / " .' .. C."I.Lt ~,' r" h) looit of 1$ 1 upon Slgmng 01 the contract, and the balance of (S CONTRACTOR's management must approye any deviations Irom1his standard The work to be porlormed is as follows: General Description of the Work: /'. .w-~_,::"'" ",:>,;;;e,..." t --?'-~":;'-":, ~'7- .,<" )Ietlon i/.. All);::" ~ ~ 'k', ".$'-- ",;" '. . (I >/ j' ~ .".- .,..,. ."--- _.,--~---~-- 'l j/l c/ ';".- <; , I--~ ..,.. "i." Demolition: ""~,,--~ Preparation: '.,,.- ......., Other Dmalls: .".-" The prices, speclficatiOl'lS, and conditions 01 this agreemenl EIre satislactory and hereby accepted, CONTRACTOR is authonzed to perlorm the work. specified and according to the terms and conditions of this agreement It is hereby :.mderstaod and agreed that CONTRACTOR's employees. agents or subcontractors work at the direction 01 CONTRACTOR only. It is further unClerstood that a certain relationship between CONTRACTOR and employee/agent1subcontractor may be damaged through mterference by OWNER; lherefore, CONTRACTOR's employees, agents or subcontractors may not be hired by OWNER directly or mdirectly except through CONTRACTOR. OWNER agrees fhOit !! any additional work is per10rmed that vlolales the SPirit or letter of thiS agreement. OWNER is fully liable to CONTRACTOR for all charges at CONTRACTOR's lull rate. Any work not expressed in this agreementlhat is requested by the OWNER or required to be perlormed in oroer to complete the work of th,s agreement .....m be charged to OWNER at the rate of $79 pet man.l'1our plus materiais cost. Any suCh charge will be immediately due and payable OWNER agrees to make payments as outlined above. OWNER's lailure to make payments accordmg to the payment SChedule as oultined will result In additional charges 01 1,5% per month payable immediately by OWNER to CONTRACTOR. OWNER and" or signatory agree!!;) to pay all legal fees and filing toes il this agreement i5 not paid according to Ihe above schedule Permits and any related fees are net included in thl$ contract unless expressly noted No warranty express or !mplied will be valid uniess the entire amount 01 thiS conlract plu::; eny additional work perlormed is paid according to Ine terms of thiS agreement. ej'- - (CONTRACTOR) J M,lIef au ding C:ompany 'SWI'1e BUlldmg Contractor Ucense # cae 1252853 lITHERN SIDING 5090 Bemwood Dnve North Bonita Springs, FL 34135 phone: 1239) 444-1000 fax: (239) 444-1115 Date Agreed: ________ Date: I"OOI;Ulan ()' NaPles ~ 0<1 SO,,'''t''rn Sidmg (OWNER) Buyer's Notice of Right to Cancel .' If this Construction Agreement is a result ot an in.home sale, you may cancel this agreement by maihng a notice to Southern Corporation of Naples If you do want the goods or services described herein, This notice must indicate that you do not want tne goodS or serVices, and must be postmarked before midnight of the third business day after you sign this agreement. The buyerts) hereby acknowledge this Notice of Buyers Right to Cancel: I OWNER) Date: ____,.__ Licensing Ponal - License Details ,.. (":';1' 11 Public Servtces i ".,- - ,--.c:-_'n~;~.' \/Ie\'. :~ ~ :'J: _h~ "~, tu f:"e'd1i( x.::'n rln:J :'::';cir'71 Inf'Jrrr,;::t',cr': ;::-: : (-' fj . . ':J T,'~~) t~ i r',:: E~ /,,~~tl\'1t\; ~lr,~t C)CCi' " l\~~?,T :i'.:!:nC.JU'2nt l!\',/~.':C>~' .ED U5e~' S~~rv~ce~" C- "..-:':,\! :d:;! : i;.::J "lii1 I.:':.':.li r,jQ~j':'VV d i.,!c~~'r~:':.,~_' Ct1tlns~c' L_iCC;:':"C' :.:;catu:: t-l ~i: rl ~<:';! nL.c(: U U f"; L '._;'1a~l~F f,f:\' ;~cJrt':;: \j : (::' ~../ c.~ JJ....J!!. ." .'.' [;,:~ - Agenda Itenl'l'M: 1BC3i! May 22, 2007 Page 23 of 32 '.' ......-U." ...'.,'r;.....;II..JT-.'... f' it ' .... ':!!'/ . ,....ct:. , ",'_::~"'_i:,..,:,: "_.,,,,~;:..., ,._, ..'''.. ",,_,_...~ " f"'_' ,,"' I "'..L', t,,-;; "":,,'_~, =," "#,1( :':':~ "o=':.:';-'?".:;': :.)lL _ J,.. ..:a'l!ii""'......_,J. ."..c ........" ::::BPf~ Home Online Services Home Help Stte rv~ap 32605 pft ; ,j,:t'fl'>tT I h'ta~l<.;. Licensee Information Name: Main Address: County: License Mailing: License Location : License Information License Type: Rank: License Number: Status: Licensure Date: Ex pires: Special Qualifications Qualified Business License Required a Licensc: WOODHULL, NATHANIEL H (Primary Name) JMILLER BUILDING COMPANY (DBA Name) PO BOX 26 BONITA SPRINGS Florida 34135 LEE Certified Building Contractor Cert Building CBC1252853 Current,Active 04/06/2005 08/31/2008 Qualification Effective 04/06/2005 I ~jn hnps:! iw'Ww. myt1oridalicense.comiLicenseDetail.asp"SI D~&id~ :C9072 7 5 4/:C5!2007 <_i'i,J' ;,,% r.1v' :-';;'. Ii :':1 := ~ \; ,':llf Li:':zcTlse CGniplai~it ... Replacement Windows Patio Rooms Entry Doors Awnings Patio Covers CONTRACT /.-f L,'- '6 <-1(,30 ~a Item No. 1681 V 1~~:~~~ Corporate Ollicos 27.25 Needmore Road. Dayton. OhIo 45414 (937) 278.8216. (800) 827-8216 www.yaleindustries.com ~" Name iJ ,..~...n-, __..-'. V~F\.8j.bt..zy~____ Addres ___;;L/..., ~ i ' . ~ .....~-- :(J A-. City ~;L..L... .___._____ State F: I Work To Be Done At '5 rl rYl Ie Within the Are you the owner of the property? (!!!,'>fJ No We, Yale Industries propose to furnish, install and service under warranty (stated below) all materials and labor reqUired and pertaining to the conditions and specifications set forth in this proposal. tJ""pl~S O~':""e 7(,4 ~ NOUO nc;. C./- ;)39- 73:2-/000 ~ate :;?- ':;0' D'l~. Phone ,J 39" I -7-7 - /.5;;l '"' Work Phone lip 3Y/r "- City Limits @) No WORK SPECIFICATIONS ~Ih iJ.> 4 H^;~.w 1~ Ii A1.OL T> 'S H X I:) /[,] 7 =; :2 -i,;..l ,'Y>J.1Ld i' "::'.1/11'1. (I ,,,I'Ll..^.h-:t~ A~ b.fr\.Vd j.j ~J", A.....,Ll.-MK J,v..(."".d~..,,:..:) Jr,- ?Lf;o 't ..) () CUi! ~ . J J' u - < ~- 't,.....:. j r.,~ .A....- ~. ~\.:...... ~ / ,.(..t-~~.-l1-M ~ J.IL,.(\ /J.A:.~ h-1..J1~~lL2c_~~__Ll~c;~_~~r_~"_. ~~ O,JA ~ iM-YJ..U. l.l.~..o<..._,_ CUle 9~a.(\.0" ^~,.{1 j""" "i" '.~ /(,-.";"J.J'~'l"",t . ( , -I /'" , .. " , " . ., J '1 / I ...u,~,-I' /). '<\-'-f--J--b.-Q"l-~C Il-l ---~ !~_u&~----u,~~"_ _ J1 Ai.' ~./# ^; ;/ 'L~~ .I] "AN , I 1. ',' ::;T. t '.. .....l if '1} .'1 ~ .. -. '".' ~_.. 1h-,/ 1/~"",;;.",;,~;,.Q",::.~Ju..1.~i ~\l'I",.-I.U;Ld) H",- d') '''-"G c;z...s ,1. ^~--i~ i !\~~-+J\ U J~:, ~-~ ~f/lA..c...rl>1/\ ~ . ~:L,\ (~I -,c...'~~.<l'i ,j~~) (/~~".""_ /mA7lj-Ut.i.C I' ')' 'J //I -" f,j~" 11~.:j...-lt. i~..'-l' . tXi.0'A..0 J '-! (" , "II'! 1. -- '+-'''''''' )./N::Y~" . C 'dJ'tlt.A.... ,( 11...",^:J.Ll.v....<Ai ~ -:J.: \~ '\. " I,.~ /\.C.,/,,~ C "';\;_-L.h!.;~)'-' _.elL-) /'.41L..-1.1 'r,L_~._-+~.._.._ "\'1 ' .J.,...L' ,0 . eC J I \-:.."X!!" ., t> .l\ ~ ~:Jt - ,,___m.__ Thank You For Your Orderl . ---1tJ\"'~ 7 I f '____ ..... --//1 P.. '\t:, J'~-- f.. . 1 ' \~.../'AQV~ -" -------------------------------------- NOTICE TO THE BUYER 1. YOU ARE ENTITLED TO AN EXACT COpy OF THE PROPOSAL YOU SIGN. 2. YOU, THE CONSUMER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT. 3. YALE WILL CLEAN UP AND DISPOSE OF ALL JOB RELATED DEBRIS. II 'c ;;XjO 9 '" i-I? [e A. CASH PRICE...p'... $ ---'-"-.L_"-.__ '/:2" 'v B. DOWN PAYMENT $ _ .,""-,_-----"l...:...::-_. C. UNPAID BALANCE $ .':i..{,,:'.....LLL (<- --. All checks made payable to YALE INDUSTRIES Jate Down Payment Received, __..__.. Ck# _.___. o FINANCED ~.O.D. : BALANCE DUE DAY OF INSTALLATION THE UNDERSIGNED BUYER ACKNOWLEDGES THAT HE RECOVERED AT THE TIME OF EXECUTION OF THIS PROPOSAL AN EXACT COPY COMPLETELY FILLED Iy'(<' / . ,,.-:-,~,. By: 1~_,,//lft_.SiL,i'"'{~~..f+.'-' Sales Signed: . Buyer Signed, ____ Buyer Approved By: Yale Industries Related Lieenst In!()mJalion ;',',j;",';'t Name: Rank: WILES, JEFFREY A license Number: Certified General Contractor License Expiration Date: Primary Status: Secondary Status: Current Active Rdalcd i .iCCIl<.;C: ~nfonn;;ltijjn License Number 46308 St t Related a us Party Relationship Type Current DJAX LLC Primary Qualifying Agent for Business OriglIlal license Date: Relation Effective Date 03/01/2006 Rank Qualified Business Organization ...._...._,._---------~ Agenda Iten\)~e 16~ I May 22, 2007 Page 25 of 32 .~ 1510732 08/31/2008 03/01/2006 Expiration Date 08/31/2007 hltPS://www.mvlloridaliccnsc.com;relationLi Sl.asp'.'record cnF 1 &Licl d= 3 ~ 789~ 7 4/25/2007 ".....~~".m."____.._~."._.~..."_.___...._~__~~~..~~___ Contractor Certification Detail Page Agenda Iten1)f.lOe 161111 May 22, 2007 Page 26 of 32 CoDier County . --'FtORIDA - . Contrac10r Details 1010 GE,,"ERAI. COY!R-- CERTIFIED ~!lS67 311 0/2006 A(T!Vr S/31/200S ('(;(' !:; 10'732 lli3! /2008 1l.IAX. f.[.C '76.j.~ ,,",O\\R.\ cOlin ,.\I'LI-S. 1-1. ,,-I! IJ- (2YII'732-1000 (239)732-1000 L Imp: 'apps2.eo II ;crgov. net' wcbapps"\ isi onle one crt II )ctai I.aspx'.'ccrt~ 2 K~6 7 -l!1S/2007 - _. Phone # Fax # Date Estimate # " , 1'11.' 7)'1 C;:~,- v' .J ' '- _./ )'-\ I ~ .fL' '\ ' '\".-' i '-'_ -'\ I r~\\::"'~" ...-.;- I "I -. ) ~ ') '.,1 , ,J"...I 3:14/1007 ~5.:1 139.659-251 S 239-403-SM1) Name I Address Ship To Simoldoni.Joh 2631 Lake Vie,",,' Dr 774~ 1526 same: Rep Project (LA. Item Description Qty Total Uriveway Install Driveway install and front entry.We propose li.l install aprox I 170sf including waste.\\.'e will exc,IVUlt; <.Ill existing concrete with di~posal ,We will then rcin~t<J11 new bascrod with wmpaction .1" scrccning sand with compaction and insUlll 2 3!!<: pavcr~ I1l standard colors and patterns using pitch for walCr drninaf!c.a concrete edgl' resO":.tinf for support and finIsh with a top coat of silica sand and final compaction Driveway Install [)rivcway inslall apmx 1135sf Including waste 1,13, 7.093,"'- Entry' V."~1) Entry Way instullUlIOl1 armx ~f;~f mcludmg WUSllt 3~ "1"'; ..,). Thi!'. indl1dt~<; tear out of cnncretc and disposal Thank you (iil Anucz Please sign and return by fax or mail upon agreement. We will then send official contract. Representative: Total $7,331.25 Date: Customer: I Contractor Cenification Detail Page Agenda IteJ:\\lbe iEf~12 May 22, 2007 Page 28 of 32 Collier Countv - FLORIDA -- . Contractor Details -1290 PAVING BLOCKS RESTRICTED 29514 ('/2(,/201)(, ACTIVE 9/30/2007 ,\CCURATE PA VERS, l"Ie. 8290 tHIS CLUB L1\ #9114 1\AI'LES, FL 3-11H-I- (1391777-2518 (139)3-18-8603 l~:ki. hnp:/ !upps2 .co II iergo\' .nellwebapps'vision!ConCert/Dctail.aspx')ccn=295 14 -1/25/2007 Agenda Item No. 1681 May 22, 2007 Jwst Bricks of SW flori1)~ 111(:29 of 32 , 'i ....~,.~ ,'. ::'1. .11 Flit)] I ;,' ~~' "', , j; March 30. 2007 Proposal Submitted To: DIB unDe~ tl!IJaJO I c/ O/c,p ;1} I) SO/J E'j John 263 I Lakeview Dr. ................u..........~..................................._..._....................................................~..............................................._.. Construction Type: Renewal Construction Detail: Brick Installation Includes: . Brieking of driveway, sidewalk. and entrances (1200 sq. ft.) The work herein described, shall be completed by .Iust Bricks of SW Florida, Inc., and shall include the furnishing of all labor and materials for construction completion. ................................-............................................................................................................................................ Total Costs: Six Thousand Dollars -----------------------------------------$6,000 Payment duc as follows: 1 lair of total is due before start of project. Remaining balance is due upon project completion. Any alterations or deviations trom the specifications. involving extra cost will be executed only upon written order, and ,,,ill become an extra charge over and above the estimate. All agreements are contingent upon strikes. accidents, or delays beyund our eontrol. Unpaid invoices over 30 days will be subicct to a monthly finance charge of 1.5%). Notes: This proposal may be withdrawn by us if not accepted wilhin 30 da.ys. Respecttully submitted by: Just Bricks ofSW Florida. Inc. Acccptance of Proposal Thc above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorizing Just Bricks ofSW Florida to do the work as specified. Payment will be made as outlined above. Signature: _~ Date: Signature: Date: Division of Corporations Agenda Ite~'lIi8. ~B1'5t May 22, 2007 Page 30 of 32 li.Lpr.idl1'~'ilr4Jwjj;,Qfi ~JJj,lj),i~i#ip,.ii' ('if;QU,~~Tl$ Florida Profit .JUST BRICKS OF S.W. FLORIDA.INC. PRINCIPAL ADDRESS 4917 19TH AVENUE S.W. NAI'1.ES 1'1. 34] 16 MAILING ADDRESS 4917 19TH AVENUE S.W. NAPLES FL 34116 l>o("umenr Number PO I 0000:;5568 FEI Number St}3713253 I>o'e Filed (!4'O"'2001 State FL Status ACTIVE Effective Date (14'03.'200 I ~ ''''' I Name & Addn:ss I ClNTORA. ,IAIMI 4917 iYl'lJ A VL SW N.r.,I'LES FL 141ltJ I Name Chungl'd O~,:::E!Om I I Ad<ln:S5 Changed. 02,':.'!7.~O(IJ I Recristered A (Tent Officer/Director Detail I Name & Address II Title I CINTClRA. JAJ/vU: c=J ~917J()TlI !\VrNUL sw NAI'LES n. :1-4110 Annual Reports Report Year II Hied Date 1()O~ II 04.'::: l'~fl(J5 http://www.sunbiz.org/scripts/cordet.exe')a]=DETFIL&n I =1'0 1 00003556&&n2=NAMFW... 4/25/2007 Division of Corporations Paue ~ _"I' -, Agenda Item MJ. tlJ"G1- May 22, 2007 Page 31 of 32 2UI)6 II ((\,'Oo':10!)() II ()1iOK.'1007 2007 Previous Filing Retu en to List Next Filing No Events No Name History Information Document Images ~ Listed below are the images available for this filing. - - 01/0&/2007 -- ANNUAL REPORT 0310612006 -- ANNUAL REPORT (J4'~1'2005 -- ANNUAl. REPORT 04/16'2004 --ANNlJAl. REPORT 02/27'2003 -- ANNUAL REPORT 02/26/2002 - ANNUAL REPORT 04/041200 I -- Domestic Pront THIS IS NOT OFFICIAL RECORD; SEE nOCl'MEl'iTS IF QUESTION OR CONFLICT Corporations Inquiry Corporations Help htfn"//\-VUT\V I.;ltnh17 nnJ,/<.;rr;nt,h'()rdi'l P'\'f">~11=nFTFll _~"n l=POl (){)(Hn':;;"hSo:.&n'):--c:'NAMF\V 4n~nn()7 Contractor Certification Detail Page Agenda IteJ:%n. j6~t May 22, 2007 Page 32 of 32 Colliel' County - FLORIDA -- ~, Contractor Details .U50 MASONRY CONTR. 21>(,19 . , 2/3/2flO(, ACTIVE W30/2007 HOWARD ALA'" MASONRY. INC. 5401 TA YLOR RJ>_. # 5 NAPLES. FL 34109- (B'I)513-2_'OO (23'1)51_,-2301 http://apps2.collierg.o,,.net!wehapps/visionIC onC ert/Detail.aspx"cert=2 86 ] 9 4/25/2()()7 Date: Item # Agenda Item No. 1682 May 22, 2007 Page 1 of 23 EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $110,250.00 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 4005 Harvest Court, Naples, F134112 OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $110,250.00 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 4005 Harvest Court, Naples, Fl.,34112. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power: to acquire property. Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase 0 f property. BCC RESOLUTION No. 2000-82 made a 'finding that a blighted area exists' in the Bayshore Gateway Triangle area and that 'conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare....' BCC RESOLUTION No. 2000-181 adopted a community redevelopment plan to correct deticiencies. The applicable Redevelopment Master Plan sections cite: I: Neighborhood Focus Program o Acquisition of vacant and dilapidated sites (page IX-6) o Demolish dilapidated and unsound buildings (page IV-20) 2. Bayshore Neighborhood Focus Initiative (NFl): o Bayshore Drive consists of several residential streets and loops extending from both sides of Bayshore Drive. As a neighborhood it is defined by and will take its character from the improvements planned for Bayshore Drive. The potential catalytic effect of the Bayshore Drive Landscape program should be supplemented by NFl activities as presented on Illustration IX-14 (Exhibit A): . Site acquisition and infill housing (Illustration IX-14) . New multifamily housing (Illustration IX-14) . New single family housing (Illustration IX-14) --.~ Date: Item # CONSIDERATIONS: As cited in the Bayshore Gateway Triangle Master Plan, there is a provision for the creation of CRA programs to remove substandard or blighted homes or acquire vacant lots and facilitate the construction of new housing that meets Collier County codes. Working with the Local CRA Advisory Board, CRA staff identified stressed locations that had high crime rates or multiple Code Enforcement problems and blighted neighborhoods where substandard or aged housing existed. Following the example of other CRAs throughout the state of Florida, a local program was developed for an older Bayshore Drive neighborhood zoned mobile home. The Neighborhood Focus Initiative program objectives are: I. To acquire mobile home lots (with or without trailers) from willing sellers, 2. Demolish existing structures, 3. Prepare the site for new construction, 4. Advertise to the private sector a Request for Proposals (RFP) for each lot, 5. Provide selected floor plans that meet the Bayshore Overlay Design Guidelines, 6. Select qualified builders to construct new housing that meets code, 7. Offer builder incentives, if necessary, 8. Market new housing at workforce or gap priced housing, 9. Require new housing to be deed restricted as owner-occupied housing. Agenda Item No. 1682 May 22, 2007 Page 2 of 23 CRA had discussions with Mr. Monsur Ahmad and Ms. Nancy Black pertaining to properties they own within the Bayshore area and their desire to sell said properties to the CRA. The CRA commissioned an independent appraiser to appraise the mobile home sites (located in a blighted area the CRA has been focusing on for residential-in fill) to determine the value of the sites they wanted to sell. On April 4, 2007, Mr. Monsur Ahmad and Ms. Nancy Black offered to sell the CRA a vacant mobile home lot located at 4005 Harvest Court, for $110,250.00, which is $1,750.00 below the independent appraisal obtained by the CRA dated March 29, 2007 which values the site at $112,000.00. This offer was accepted by the Executive Director, contingent upon CRA Board approval, and presented to the Bayshore Gateway Triangle CRA Local Advisory Board. The Local Advisory Board unanimously accepted the proposal to purchase and recommended to the CRA Board to authorize the purchase of subject property as part of the Neighborhood Focus Initiative. It is in the best interest of Collier County, and in particular of the residents of the Bayshore area, for the CRA to acquire this property, construct new housing and resell the residence as work force/gap housing. Presently the Land Development Code allows an owner of a mobile home zoned lot to install a replacement mobile home unit. Replacing mobile homes with new construction assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan's Neighborhood Initiative, increases the residents' quality of life and constructs a higher quality home within the Coastal High Hazard Area (CHHA). 2 Date: Item # Agenda Item No. 1682 May 22, 2007 Page 3 of 23 Therefore, the CRA Local Advisory Board recommends the CRA Board approve the purchase of the subject property with CRA Wachovia Bank Line of Credit funds (to be repaid with CRA Tax Incremental Finance (TIF) revenues) as part of a residential infill project removing mobile homes and replacing them with a foundation home built to current building codes and resold as an owner-occupied workforce/gap housing unit. FISCAL IMPACT: Funds in the amount of $ I 10,250.00 plus cost and expenses to complete the sale of subject property (titlc insurance, attorney's fee, closing services and recording fees) are available in the Bayshore Gateway Triangle CRA Wachovia Line of Credit. A budget amendment is needed to recognize the draw on the CRA line of credit and expenditure for the purchase of subject property. Source of all funds are Fund 187 tax incremental finance revenues. Wachovia $7M Line Of Credit Summary Purchase Seller Date Address Amount $7,000,000.00 17 acres ElIet Aua 6, 2006 None-Bavshore Drive -4,553,000.00 MH Lot-Trailer Odierna May 3. 2007 None-Van Buren Ave -90.000.00 MH Lot-Trailer Stubli April 16, 2007 3148 Van Buren Ave -90,000.00 MH Lot-Vacant Owens May 15. 2007 4048 Full Moon Ct -90,000.00 MH Lot-Vacant Uzupes May 15. 2007 3252 Lunar St. -90.000.00 SUB.TOTAL + $2,087,000.00 MH Lot-Vacant Mansur/Black 3979 Harvest Court -114,500.00 MH Lot-Vacant Mansur/Black 3991 Harvest Court -110.250.00 MH Lot-Vacant Mansur/Black 4005 Harvest Court -110,250.00 MH Lot-Trailer Mansur/Black 3032 Van Buren Ave .90.000.00 TOTAL + $1,662,000.00 GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA. This property is a part of a targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore Gateway Triangle Rcdevelopment Plan as documented in Exhibit A. RECOMMENDATION: That the Collier County Community Redevelopment Agency: 1. Approve the attached Purchase Agreement; 2. Authorize the CRA Chainnan to execute same on behalf ofthe Board; 3. Authorize the CRA Chainnan to make payment of all costs and expenses necessary to close the transaction !Tom the CRA Wachovia Line of Credit; 4. Accept the conveyance of the property via Warranty Deed and authorize the Executive Director or Assistant County Attorney to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared by: Jean Jourdan on April 10, 2007 Project Manager, Bayshore Gateway Triangle Community Redevelopment Agency 3 Item Number: Item Summary: Meeting Date: Page I of I Agenda Item No,16G2 May 22, 2007 Page 4 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lGG1 "ecommfHldat'(l11 tor tile Commun'ty Redevelopment Agency to approve the purctlElse of a VHcant resldenHal (moblie homel 101 In <118 B8\'s~lore (~leJ of lne CPi' as part of a CRA ceSId"r.:lal 1r>;111 projen to approve pijyrn(~nt ffom and 8uthCl"izi' lhf CRA Chairrnarl to rlla~e a ::Iraw tronl trlf' nay shore C;ahiW3)' Tfl21nClI~ CRA \f\'adlOvia 8ank Lil'e oi Grejll i!l the Clmoun' nt~; Ie 2:j~, (lU rAIS cost and ew~nses tD CDmplete the sale [)' sutllec: property and emplove any awi all necessary Dudget afpendrnents Sltt' ad,jress. 4UGS Harvest Cou'~ Naples f'l 34 ~ 12 'j/2212U'17800 UOAM Date Prepared By Je~n Jourdan Community Redevelopment Aqency Project Manager Baysl10fB.Gateway Redevelopment SI3/2007424:56PM Approved By Datil Jean Jourctan Community Redevelopment Agency Project Man~ger Baysllore.Gateway Redevelopment 519120071:02PM DavictJackson Date Approved By COmrnunilyRedevelopmcnt Agency Execut,ve Director Bayshore-Gateway Redevelopment 5/9120071:56PM OMBCoordinalor Date Approved By County Manilgl'r'S Office Administrative Assistant Office of Man~gement & Budget 5/9120073:32 PM Approved By Mafk ISllckson County Managers Office Budget Analyst Date Off,ceofManagement& Budget 5/1112007145 PM Date Approved By Michael Smykowski County Manager's Office Management 8. Budget Director Office of Management & Budget 5/11120073:33 PM Date Approved B}' Jl\mesV Mudd Board ot CQunty Commissroners County Manager County Manager's Office 5/11120074:36 PM file://C:\AgendaT est\Export\83- May%2022, %202007\] 6,%20CONSENTo/020AGENDA \ 16.. 5/1612007 ~ AGREEMENT FOR SALE AND PURCHASE Agenda Item No. 1682 May 22, 2007 Page 5 of 23 THIS AGREEMENT is made and entered into by and between Nancy Black and Monsur Ahmad (hereinafter referred to as "Sellen, and Colher County Community Redevelopment Agency, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certa.n parcel of real property located at 4005 Harvest Court, Naples, Florida 34112 (hereinafter referred to as "Property"), located in Colher County, State of Florida, and being more particularly described In Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other lIgreements herelnllfter set forth, and Seller is agreellble to such sllle and to such conditions lInd lIgreements. NOW, THEREFORE, lInd for lInd in considemtion of the premises and the respective undertllkings of the parties hereiOllfter set forth lInd the sum of 7~ N Dollllrs ($ /0 .00), the receipt lInd sufficiency of which is hereby lIcknowledged, it is lIgreed as follows: I. AGREEMENT 1.01 In considemtion of the purchase price lInd upon the terms lInd conditions hereinllfter set forth, Seller shllll sell to Purchaser lInd Purchllser shllll purchllse from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchllse Price") for the Property shllll be One Hundred and Ten Thouaand, Two Hundred and Fifty Dollars ($110, 250.00), U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before August 10, 2007 following execution of this Agreement by the Purchaser. unless extended by mutual written lIgreement of the pllrties hereto. The Closing shall be held at the Collier County Attorney's Office, Admlnistmtion Building, 3301 TlImiami Trll" ElISt, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shllll be as follows: 3.011 Seller shllll convey II marketllble title free of any liens, encumbrllnces, exceptions, or qUlllifications. MlIrketable title shllll be determined lIccording to lIppllcllble title standllrds lid opted by the Floridll Bar lInd in lIccordllnce with law. At the Closing, the Seller shall cause to be delivered to the Purchllser the items specified herein and the follOwing documents and instruments duly executed lInd lIcknowledged, In recordable form: 3.0111 WlIrrnnty Deed in fllvor of Purchaser conveying title to the Property, free and clear of 1111 liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchllser-Seller closing statement. InitialBu~r Inlti.ISelle~ ~ 0... -------- 1 Agenda Item No. 1682 May 22, 2007 Page 6 of 23 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the trtle insurance underwriter in order to insure the "gap" and issue the policy contemplated by the trtle insurance commitment. 3.0114 A W-g Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to (" the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance wrth the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responSible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 303 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser andlor Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within twenty (20) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL T A Form B- t 970) 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 trtle other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the trtle commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Selle~s litle in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchase~s objection to InltialBuylltf InitiaISel\ef"~ ~a.._ 2 Agenda Item No. 1682 title, Seller shall have thirty (30) days to remedy any defects in order to convey May 22,2007 good and marketable title, except for liens or monetary obligations which will Page 7 of 23 be satisfied at Closing. Seller, at ~s 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 ~ then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhib~ "A", if any. Seller agrees to fumish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. 4;ll1:'i Seller agrees to convey all properties vacant and free of all tenant I" occupants on or before the day of closing. Buyer has the right to inspect all; properties the day of closing to confirm said vacancies. Failure to convey properties by Seller as vacant will cause delay of closing. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller w~hin thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in wr~ing of its specific objections as provided herein, ~ shall be deemed that the Purchaser is satisfied with the resu~s of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminata this Agreement copies of the appraisal reports shall be furnished to the Seller. ~ Seller acknowledges that if the agreed Purchase Price stated in Paragraph v 2.01 exceeds the average of two (2) independent appraisals, if obtained, the"l~ Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.0t Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of Initial Buyer_ _ '"mal.....~ ~ 3 Agenda Item No. 1682 any investigation, Purchaser shall deliver to Seller prior to the expiration of the May 22, 2007 Inspection Period, written notice of its intention to waive the applicable Page 8 of 23 contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser wfth respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting sfte analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchase~s entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entftled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in defau~, then as Selle~s sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon ~ percent 11%) of the purchase price shall be paid to Seller as liquidated damages which shall be Selle~s sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, IReal Estate Brokers), hereof. The parties acknowledge and agree that Selle~s actual damages in the event of Purchase~s defauK are uncertain in amount and difficu~ to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. Initial Buyer _ InitilillSeIIe~ ~r-. ~ Agenda Item No. 16G2 May 22, 2007 Page 9 of 23 10.03 Should any litigation or other action be commenced between the parties conceming the Property or this Agreemen1, the party prevailing in such litigation other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its allomey's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presenlly the subject of a pending, threatened or contempiated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contempiated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Ciosing. Purchase(s acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Selle(s ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any fights 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. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property: all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property. directly or indirectly lniti8lBuyer_ _ In...'....';t/B- ~ - , Agenda Item No. 1682 May 22, 2007 into any body of water. Seller represents the Property has not been used for Page 10 of 23 the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Selle~s ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Selle~s operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, a"erations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property . 11.020 Seller has no knowledge that there are' any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, fonnal or infonnal, existing or pending or threatened which affects the Property or which adversely affects Selle~s ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Selle~s representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perfonn any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property Which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statemenf') reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. Initial Buyer InlUalS8lleri!/lt- ~ 6 Agenda Item No. 1682 May 22, 2007 Page 11 of 23 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser hannless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA "), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of mle. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Selle(s sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows; If to Purchaser: Collier County Redevelopment Agency Bayshore/Gateway Triangle clo David Jackson, Executive Director 2740 Bayshore Drive Naples, Florida 34112 With a copy to; Ma~orie Student-Stirling Assistant County Attorney Office of the County Attorney 2800 Horseshoe Drive Naples, Florida 34104 If to Seller: j'J0--h-C-'( ~/C-.-c.L ) 2A 2A /J,l-y JJ wtm j) t.J trY .-/ ;Jil-l LC 5 ;::-L-& J!-/ j),4- 3 f.j / ~.':> With a copy to: f1 0 JJs uR- A-tfMA 1) 1(r5 )1~~ ;J~ fkr :st(/,!)/f 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Initial Buyer "".,....:;i{iZ.- ~"---' 7 Agenda Item No. 1682 May 22, 2007 Page 12 of 23 XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any dale specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offe~' to purchase represented by this Agreement is subject to acceptance and approval by the CRA Board of Directors Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a wrilten public disclosure, according 10 Chapter 286, Flonda Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) InltlalBuyer_ _ InItiaISBller~~~ 8 Agenda Item No. 1682 May 22, 2007 Page 13 of 23 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement XVI. 1031 EXCHANGE 16.01 The Seller intends to do a 1031 Exchange and buyer agrees to cooperate With seller regarding the exchange at no additional cost to buyer and no delay to the closing. Initial Buyer_ _ Initial seller~ CJ5"rl r- - 9 Agenda Item No. 16G2 May 22, 2007 Page 14 of 23 IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO SELLER: DATED: If- '1- 2.0zi7 (Signatur /Ii/ar; !j;{jrdlfl . (Printed Name) '0-:~~~ (Signa re "0 <WI J L. Jau''>iJ>1 (Printed Name) Approved as to form and legal sufficiency: iLL t f\--' I.~ ~ Ma~orie Student-Stirling {~- Assistant County Attorney COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BY: DONNA FIALA, Chairman BY~~f;L~ Nanc K. Black ;J A- YC.f /L A L.4C.L (Printed Name) BY: ~~w-o Monsur Ahl!'..:''' Mf'\J'/S\I~ AHM4i\ (Printed Name) /' Jl] Agenda Item No. 1682 May 22, 2007 Page 15 of 23 EXHIBIT "A" LOT 65, LAKE KELLY, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE(S) 93, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA PROPERTY I.D. 53352160001 11 '1ao5 f!/let/(jf C;- LAND APPRAISAL REPORT ~~~6G2 . ~500D77g7May 22 2007 FII@No. 12283 ' Census Tract 107.0~ Map Reference: 14-50-25 ~ 16 of 23 PredominantOcclIpancy Si~leFamllyPriceRange Single Family Age Borrower Collier County Board of County COf!1missfoners Property Address 4005 Harvest Court City Ji~pjes County Collier ~__ Legal Description Jake Kellv. Unit 2 j..ot 65; PID #53352160001 SalePnceSNIA_~_ OirteolSaleNfA ___LoanTerm!lj,A,__yrs. PropertyAigtrtsAppraised ~FIlfI Olcasehokll_',DeMinimisPU AclUal Real Estate Tans $Jij 1.!()6 __ (vr) Loan charges III be paid by sehr S Unkwn, Other sales con~ssions Unknown Lemler/Client Baarg_of County Commissio~ Address P.O. Box413016. Naples, Fl34101 -~--- Occupant Vacant sile Appraiser james_oS Kerr .Jr. _Instructions Il.I Appraiser EsUmale Markel Value. This accraisal is intended for Ihe use b the Collier Count Board of Coun Commissioners for land a uisilion u ses and no other use or user s is allowed. Loca~on ~:cl Urban ,...-_ $uDurban Rural Good Avg. Fair Poor Buill Up ~ Over 75% l~ 25% 10 75% L1IJndet 25% Emplo~nt SIabIIIty [I ex: =.J i,"l Growth Rale I_I fullr Dev I J Rapid , [ij Steady Slow Convenience to Employment ~ 2J il 0 PlOpenyvalues Q IncreaSing ~ Stable __' Declining Convenience 10 Shopping I 0 LJ [] Oemarxl/Suppfy --,J Shortag!': x; In Balance L.J Oversupply Convenience to Schools 0 ~ I'] [] Markebng TIrm! r-I Under 3 Mos. :x 4-6 Mos DOver 6 Mos. Adequacy of Public Transpor1alion 0 2<l [: 0 PresenlLandLJse 8.Q%1 FamiIY_0%2-4Famliy _O%Apts, ---10%Condo__~%Commercial Recreational Facililles L~ ~ ij D %lndlJstrlal__.l%Vacart ------;-% ~_.___~ AdequacyofL/lllilies -I [2::J Ll LJ Change In Presenl Land Use ZNolUkely JLikely(") ~;TaklngPlace(") PropertyCompatiblltty l.~1 0 :=I U {*)From To_~ Protectionlrom Delrim8ntal Condi1ions 0 l><] LJ 0 ~ Owner [J Tenant 5 % Vacant Police and Fire Proteclion [] [2J r'! 0 $ 85000 loS~Q9~~ Predominant Value $ 130.000 General Appearance ot Properties [] i21 [J [J Ne~"yrs.toJ9f. yrs PredOOlinanlAge_____ ~yrs Apf'eaJtlJMarket :..; [gJ 0 ::J State FL Zip COde 34112 flee. Gas W"", San. Sewer ComlTlllnts including mase factors, favorable or ur1avorable. af1ectlng marketability (e.g, public parks. scho"s, view, nols!':): Lak.e Kellv is a mobile home subdivision. Located 2 miles SE of downtown Naples and public beach~ and 1 mileE. off of US 41_ AveraQe access to snoaoino and supoortino services. The~_ is no orevalenc_e of sales()r !inancinQ concessions in,the area. TVPlcal conventiona.l financin(llS available at comoetitive rates, No adverse factors affecti mark.etabilit noted. Prices have been stable to decJin,n over the st ear. Dlmmioos 40.74 x 98.20 ~. Sq, Fl. or Acres I I Comer Lot Zoning cQss~ication _M.H~BMUD-R3".Mobile Home-Sf.Resiqentlal_ _ PresenllmpfOvemffl1ts [5(;J do ~....:: do oot comor;; to wning regulations Highest and best use LX; Present use ~I. O!l!~lfgleclfYl PUDllc Other (Oescr'tle) OFF SITE rAPflOVEMENTS ITopo J.evei C3J _ _I Street Acces~ IXl Public [] Pnvate Silt Averace [",l _ Surtace_AsQhalt _ IShapeRectanoUlar ~ S] Maintenance 2\ Public r=: Private View Canal :zJ _ _ CI Storm Sewer [J Curb/Guller Dralnaue Appears adeouete. ._ o lInderground Elect, & TeLl D~dewal~. D.IDreetUgllls, _:I.fhlPfGl*lYlocItedlnaHUDldentlfiedSpecIllIFIoodHazardAm? ComrTl'lnls ~avorable or unlavorable Including irlY ~1Wl'fll adverse easements, tlfIcraacnmems. or olher adVllffie cunlllionsJ ....!!Q..1!P~rent adverse easements. encrqaehments elc noted, The sltliect site is cleared Flood Map#12021C0582GlJ7 NOV 05 f Zone lIE C'No~Y.. The undersigned has recited 1I1ree lecenl sales 01 properties mnsl SImilar iD1~ ~oximate III sub~ct iD1~ l1as consiilered lI~se In the mar1Iel iD1a1ysis. The descriplion IncludRs a dollar adjustmenl rellecting nwket reacllon 10 mon l!ems of siqnfficarrt vanalion belwt.en \he sublect and COflllil'ahle propertms II a significant Item In the collllilfable property Is supeoor to ar more 1avorabl~ th.ln the subjed ~roperty, a minUS l-J adjustmem is made thus reooclng the indiciillld value of subject: W a signmcanl hem in the corTllara!Jje is Inferioc to or less favorable lI1an tne sub)ecl property. a plus (+) adjustment is made thus increasing the Indicared valueolth8 subject ITEM SU ECTPROPfRTY CO PARABLE NO, 1 COMPARABLE NO. 2 Address 4005 Harvest Court 4037 Harvest Court 4053 Harvest Court Na las FL34113 Na as FL34113 Na les FL34113 Pro 'mi 10 Sub ecl 2 lots SfL-63 U-2 Lake Kell 3 Jl-62 U-2 Lake KslI SalesPr~e NJA $ 112.000 ,f:, 112000 Pric~~r _S Ft 27.99 27.99 Dal?SQUfce ClienlicoUfl Coun lOR 405!~.~~;39 Dale at Sale and DES RJPTION DESCRIPTION + - A 'ust, Time Adjustmerrt N/A 5-06 CD LClCation AI/erage Avera e Sit iew 4,001sUcanal 4001sf.lcanal To ra h Cleared MH w/inlerim u~e___._~_ Exc~~~-'ot_ N/A _ J'PA Avera 4 001!>!.t9~l!L .0- MH wlinterim use N/f'.. Plaza 180,(:)00 22..~;i + - Adu -0- 20 000 -0- -90,000 Sales or Financing Concessions NfA Cash/equivalent Cash/equivalent Cash/eQuivalent 70000 NeIArf. oial) IndicatfdVaiue of Subject 110000 Comments on Mar'Ket Data: Comos #1 & #2 are nearest the subiect and the most similar overall. Thes~~;It.e5: hav~_older mobile homes of DOor ualit 8. condition, Com .#3 is the.~ale of lwo. non-water-front sites' lot 25 had a mobJle home thai has been razed. Cqmp #2 hasslnee beBfl comDletelv remodeled and ills listed for sale.st $165 QOQ.__~omos #1 & #2 are Qiven the most wEJ:l.9!!L.- _ Commerts and Conditions ot Appraisal: $Be attached Certification and Limitina CDr,I.dltions. N()_ SUrv8V was crovided to the aooraiser. Sales histo : The sub'eeI last sold with Iot-66 9nOlol"67 -t S 1/2 101-68 for $120 000 on 3-10/2005. No other sales of the subecl in the sl36 m(){}lhs, No sale.sg[tt:!e comps in the past 12 ~onths. Como #?i~_li?tl:lc:lJor $165 000. No known listlnQS of the subject or of comps #1 & #3. Final Reconciliation: The Direct Sal~s co~~-n~~Q~ A..Qp,roachis the onl'l apolicable acproach in Ihe valuation of a vacanl residential sUe. ~1!~i<' E~!!~~U). I\err ~ raIsers I DEFI.lD. OF SUBJECT 'IO'ER" AS OF March 29. 2007 tobe$ 112000 Did L 1 OidNolPhyslcallylnsped Property Review aiser n Iicable ~2~ Intflwa Rulty Resources Soutllwest Florida Form LNO _ 'TOTAL for Window.~' llllpraisal software by a la mode. inc. - 1-800-ALAMODE LAND APPRAISAL REPORT MARKET DATA ANALYSIS COMPARABLE NO.4 3252 lunar Street Naples FL 34113 tL"::~:;"'."~-h/' .5 blk.NfL-9 NfA 110000 13.78 MLS/Acilve I~ DESCRIPTION +-(~\$ Adjust 9-06lD -10% .J1ooo Avera e 7,980sf.lcan~J __-10.000 Cleared 1+1- Adust .13000 .~500 Avera e 4,B18sf.lla~__ -2000 Cleared NfA Active listing 15000 114000 Irte!lraAe#yResollrcesSouthwestFI01ida Form LND.(AC) _ 'T01AL tor WindDws' appraisal sllftware by a la mode. inc. - l-BOO.AlAMOOE ~"l/Ja<lo~b. 1682 May 22, 2007 Page 18 of 23 DEFINlnON OF MARKET VALUE: The most probable price which a property should bril1g in a competitive and llIJen market under all coodltloos requisne to a lair sale, th~ buyer and seller, eacll ac~ng prudently, knowJedgsably and asslIl11ing the price is not affected by undue stimulus. Implicit in this delinltjon Is the consummation 01 a sale as at a specdiM dam and the passing of title from seller to buyer under condttions wmrl!by: (1) bUYllf ami seller are typically motivalell; (2) both parli8s are well intotlTle(j or well advised, and each acting in whal he considers his [lwn best interest; (3) a reasonable time is allawed for exposme in the open market: (4) payment is made In terms at cash In U,S. dollars or in terms Of financial arrart{J!ments comparable thereto: and (5) the price represetltslhe normai considerabon ior the property solcl unaflecled by special orcflIati vefinanClng or sales cC11cessions* granted by anyone associated wfth the sale *Adju5tments 10 the comparables musl be m<ldfl tor special or creatiw linancln!! or sales concessions No adjustments are necessary lor those casts which iUl! normally paid by sailers as a result of trafliiion llf law in a markd area; these costs are readily kkmttliable since the seller pays these costs In virtually all sales transacbons. Special or creative linaocing adjustments can be made to the comparable property by comparisons 10 tmancl"9 tIlrms ottered by a third party JnstitlJtional lender that Is not already Involved in tile property or transacfuln Any ad;ustment shoold not be calculated on a mechanical dollar lor dollar cost of the financing or concession but the dollar aroount of any ~dJUstment should appro)imate thl! market's reaction to lI1e linancing or concessions based on !tie appraiser's!Udgemenl. STATEMENT OF LIMITING CONOITIONS ANO APPRAISER'S CERTIFICAnON CONTINGENT AIID LIMITING CONDITIONS: Tile appraisers cert~lcation Inat ap~ars in thl! appraisal report is subject tv the lorlowl11g conditions' 1. The appraiser will nol be lesponsible lor m<ltters 01 a legal nature thatattecl etlfierthe property being appraised t1flhe tI1Ieto It The appraiser assumss that tile IItle is goad and maf1(eta!>>e and. therBtore. will not rendar any opinions about the tttle. "The pro!)erty Is appraised on the basis of It being under responsible ownership. 2, The apprnise! ha~ provided a sketch in Ine appraisal report to show apprmdmare dilllllnsions of the Improvements and the skefch is included ooly to assist lhe reader 01 lhe repOltin't'isualllinglhe property and understanding the appra iser'sdelermincrtion 01 lts size 3 The appraiser ha~ examined the available flood maps that are provided by the Federal Emergency Manl:lgement Agency (or other data sources) alld has netl!d In the appraisal report whether Ine subject site is located in an identllled SpeCial Flood HlIzard Area, Because Ihf, appraisel is nOl a surYllYD1, he or shfl makes noguarantees,elCjltesSorimplled,regardingthlsdett.nnination, 4, The appraiser will not gJl'l! testimony I.lr appear in court b~ause he or she made an appraisal of the property in question, unless specltic arrangements 10 do so have been made betorehand. 5. The appraiser has esiimared the ~alue of the land in tile cost approach at its highest and best use and lI1e Impro~emerrts at their conttibutoty value These separate valuations ot the land and improvements muSI nul be used in conjunction with any other appraisal and are invalid If !hey are so used. 6. The appraiser has noted in the appraisal report any adl'trse condihons (such as, needed repairs. deprecJatlon, the presertte ill hazardous wastes, toxic substances, elc) observed during tile InSpettion 01 the sublf!cl property or that he or she became aware 01 during the notmaJ research InvolYftd in pertorming the appraisal. Unless otherwise stated in the appraisal report. the appraiser has no knowledoe ol any hlddM or unappaflmt conditions of the property ar adverse environmental condltiuns (inCluding the presence of hazardoos wastes, toldc Substlnces, elt.) that would malre the property more or less valuable, and flas assumed thal there are no such tondilions and makes no guarantees or warranties, express or implied, r~ardlng the condlbon 01 !tie property, The appraiser will not be responsible for any such conditions that do ~Xi5t or fDr any engineering or testing thai might be reqllired to discover whether such condlllons exist. B6ca~se the appraiser Is not an BlCjlert In the field 01 environmental hazards, the appraisal report must not be considered as an erwironmental assessment 01 the property. 7. TM appraiser obtained the intormalKln, estimates, and opinions tfiat were expressed In lhe appraisal report lrom SGlITCeS that he or she considers to be reliable and believes them to be true and correct. The aMlralser does not assume responsibility lor the accuracy of such items tllat were furnished by other parties. The appraiser wl~ not disclose the cootents of the appraisal report except as provided tor In the Un~orm Standards 01 Prolessional Appraisal Practice, 9. The appraiser has based his or her appraisal report and ~aluation conclusion lor an appraisal that is subject to salistactory completion, repairs, or aitetalion.~ on the assumpbon that completion of the Impravements will be pertormed in a workmanlilre manMr 10 The appraiser must provide his or fier prior written consent before the lender/client specllied in the appraisal report can dlstt/bule the aPJlraisalreport /inclUdill(l conclusions about the property ~alue, the appraiser's identity and pra1essional designations, and reterences to any professional appraisal organizations or lhe firm with which lhe appraiser is associated) to anyone other than tile borrower: the mortga!Jf!f! or tis successors and asSigns; the mortgage insurer: consultants; protllSsional appl1Iisal organizatIOns; any slide or lederally approved linancJal instittltion; or any depanment, agency. or instrumentality of 1lle United States or any stal:e or the District of Columbia; except lhat the lender/client may distribute the property de~Cfiption section of IhIl report only to data collection or reporting seNlce(s} Wlmout haVIng 10 obtain the appnllser's prior wrmen consent. The appraisers Writtl!1I consent and aP\lroval must also be obtained before thl! appraisal can be conveyed by anyone to the p~bllc through advertising, J}\lblic relations, news, sales, or other media. Freddie Mac Form 4396-93 Page1Cl12 FannieMaeForm10D4B6-93 ImegraReallyResourcesSouthWe5tflorida Funn ACR - "TOTAL lor WindoWS' appraJsal software tiy a la mode. inc, - 1-600-AlAMODE .iil1ll3If~FiJo 16G2 May 22, 2007 Page 19 of 23 APPRAlSER'S CERnFICAnON: T~ Appraiser certilles amI agrees tIlat 1. I have lesearctled the subject market area and have selected a minimum of three recent sales of properties most simHar and ploximale to the subject property for conSlderalion In the sales comparison ana~sis and have mad,e a dollar adjustment wilen appropriate to reflect the market raaclion to those Items oj signlflcant variation, ~ a signifICant Item In a comfjarable property is supenor 10, or roofe laV\lTable ttJan, Ihe SUbject property, I have made a negative adjustment to leduce the adjusted sales price 01 the comparable ilIld, If a signlricant item in a cCltTlp3.ra/:lle property is in!efiof to, or less ~avorable than the 5ubrecl property, I have made aposltiVll adjustment 10 increase the adiusled sales price 01 the comparable 2. I /lave !liken Into consideration the tactors thaI hi\'(! an impacr on ~a'ue in my development at the estimate ct marXet value in !he apflTaisar report. I have nat Koowrngly withheld any signrticant inlormation rrom the appraisal report and I belillve, to the best 01 my knowledge, thai all statements and information In the appraisal report are true and correct 3. I staled In the appraisal report only my own personal, unbiased and professional analysis, opinians, and concfUsions, WhiCh are slJbj!ct only fa the con~ngent and ~miting conditions specltled in this farm 4, I have no present or pfospecti~e interest in thf property !hat is !he SubjeC110 this report and I have no present or prospective personal interest or bias wlll1 respect 10 the pamclpanis In the transaction I did not bilse, either partially or ~mplelely, my analysis and/or Ihe es~mate uf maltBt value in the apjlrafsal report 011 !he race, color, religion, sex.. handicap, familial status, or na~onal origin of ellhP.rlhe prospective owners or accupants at the sUbject property or at the present oWf)llrs or occupanlsotthe propenies in the vicinity 01 the subject property 5. I have no present ()( contemplated Mure interest In !he subJett property, and neither my current or tuture empluyment nor my compensation lor performing Ihls apj:lraisalls contlngp.nt on lhe appraised value 01 the property. 6. J was 1'101 required ta report a predetermined ~alue Of direction in ~aliJe thal fa~ors the callSP. at the clienl or any related party, the amount of the value es~maI!, the attainment of a specific resul~ or the occurrence OJ ~ subseQUent event in orller 10 I!celve my compensation ~ndior employment tor performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specUlc valuation, or the need to approve a speclf1c monoaoe loan 7. I performed !hIs appraisal In conformity with the Uniform Standards of Professional Arrwaisal PractJce IIlat were adopted and promulgated by the Appraisal Standards Board 01 The Appraisal ~undation and that were in place as 01 the etleClive date at this appraisal, with lf1e eXCBll~cn at the departure provision at those Standards, which does not apply I acknowledge that an p,~timate 01 a reasonablp. time tor exposure In thP. open marllet is a condition In the de1lnllion 01 mar1l;et value and the estlmatt I devel[)ped is consistent wiltl Ihe markellng time noted In the neighllori1ood sec1ion IJ1 this report unless I have oItterwise stated in the reconcillafionsection E. I have pBfsonally mspected the Interior and erterior areas 01 th~ sulliect property and the eKl6nor 01 aU properties listed as comparables in !he appraisal report. I funtler certify that I have noted any apparent or known adverse condrtions in the subjf!cl improvements. on the subjeCl site, or 01'1 any snP. within !he immediate vicinity 01 the subject p[l)perty or Which I am aware and have made adjustments tor these adverse conditions In my ana~sis of the proptrty ~alUe to the extent that I had m.net evidence 10 support them 1 Ilave also commented about the effect at the ad~erse cllnditiOl'ls 00 the marllelabHity llfthe subjllct property 9. I personally prepared all conclusions and opinions about the real p.state that were set 10rth in the appraisal report. II I rlllied on significant profeSSional assistance lrom any individual (If individuals in the performance 01 the apprai~iI' or the preparallon of the appraisal rtIport. I have named such individual(s) and disclosed tile specific tasks pertormBd by them in the reconciliation sectjon oi this appraisal reporf. ! certlly lhat any indi'iidual so named Is qualified to per10rm the tasks. I lIave not allthorized anyone to make a Chang1! to any item in the report; there1ore, If an unauthorized change Is made to the appraisal report, I will lake no responsibilily for It. SUPERVISORY APPRAISER'S CERTIFICATION: It a supervisory appf"iliser signed !he appraisal report. he or she certifies and agrees that: I directly supervise the appraisef who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agreetobeboundbytheappralse(sccrtiticationsnumbered4lhroUgh7abo~e,andamtakingflfll responsibllllyfor \Ile appraisal and lhe appraisal report, ADDRESS OF PROPERTY APPRAISED: 4005 Harvest Court rsP~, FL 34.11~__ APPRAISER: I)' :~:"~1~1. Date Signed: .March29 2007 State Certlticatian # ~Cert.Res.REA #OOOO~L_ or State Llce:nse #' State: J.L__.__.~_. Expiration Date 01 Certification or License :11 f30f2008 SUPERVISORY APPRAISER (only If requlredl: S'9narure Name' Date Signed: StateCertttlcalJon-# or State License # Stale: bpirabonDateotCertlllca~onorLicense:_ --'Did I I Did Not Inspect Property Freddie Mac funn4396-93 Page2or2 Form AeR - "TOTAL tor WindoW!;' appraisal software by a la made, inc. -1.BOO-ALAMODE Fannie t.1aeForm tOO4B6-93 "'....."l!2B3t-AJilo.1682 " May 22, 2007 Page 20 of 23 The Scope of the Appraisal The scope of lh~' appraisal is to "describe tlu.- extent of lhe procell~ ot collecting. confirming and reponing dala~ lor the appralsal report. In tJlis regard, the subJt'\:t pwper-ty Ilo'as physically Inspected and !he photogrAphs were lakcn Curn:nl market Sides activity is analY1.ed. Unless necessilaled by market conditIOns. sa\t:s transactions ranging irom line tu SIll; monlh~ (Sullo IwcOly-tour months when the quantilY ..od Quality of the data is limned), locall,.'1I within Otl(' mile of the SUbJect property(une 10 twenty miles when the quantity and quality of thlt' dala is limited) aud considered the mOSI similar comparablc$ available are compiled from and confirmed will1lhe local multiple hshng s('rvice the county propeny appraisers office, the Marshall & Swift cost guides and/of local building Wmtill;IOrS, and/or th~ huyer(s) and/or selter(s; of propemes. Arter assembling and analyzing the data ddint.'d in mis scope of the appraisal, a fmal cJuimatc of market value i~ made hy reCllm:ihng the applicable approaches (cost. income and/or market) 10 value. Per the c1ienl, the flU;1 that thl' property being appraised is to be acquired for a roadway extension and the impact on market value mal this action may ha...t' is 10 be ig.nored. 1111: property is to he appraised as if no pending acquisilionis immirn:nr. The Purpose, Function. Intended Use and Intended User(s) of thl: Appralsal The pUrpl)se of this appraisal IS 10 t.'stimate the market value of thl' suhject property as defined within this report, The function of this appraisal is 10 3ssist!he client in !he acquisition of residential real eSlate for future community de...e1oprmnl proie!.:I.';. TIll: Imended use of this appraisal is to assist lhe client in the acquisition Ilf residemial real eSLale for future communit~' development projects. The intended user(s) 01' thi~ appraisal i:; the Collier County Board of County CommIssioners and its assigns. Any other use(sl or u~er(~i is prohibited Highest and Best Use As defined in "The Dictinnary of Real Estate Apprai!lal~, hig.hest and !>est ust' is: 1. The reasonable and probable use thatl:iupports the highest present value of vaeam land or improved properly, as definro, as of lhe date of the appraisal. 2. The reasonable probable and legal use of land or sites as though vaCant, found to be physically possible, appropriately supported, fmancially feasible, and that resulLo; in the highest present land value, 3, The most profitable USe, "Implied in these delinnions is that the detennination of highesl and hesr use lakes in\ll account thl;' !.:ontribulion of a specific use m the community and communilY development guals as well as the benefits or that u~ to individual property owners, Hence, in certain situations the highest and OcS! use of land may he for parks, greenbell~, rreservarion, conser'o'ation, wildlife hahitals and the like." An anah'sis of' the bigheS! and beat use of 1I propeny is the most important Ilan of the appraisal pnx:ess bCl,:au&e it is in te~s of bighesl and best use that market value is estimated. The study and selcction of highest and best use IS based on available data about what uses arc leg.al, possible, appropriatl!' and feasible lor the s.ite both as vacant and as improved. Conditions of Appraisal ICl'rtifylhat: TIllS report has bL"C:n prepared in conformity with the rcquiremcDls of the Unit'orm Standards of Professional Appraisal Practice as required by the Financial Institulionll Reform, Recovery and Enforcement Act ot" 1989 (fIRREA) James B Kerr.Jr St, Cerl. Res. REA #0000820 Form seA - 'TOTAL 'or Windows" aflpraisat so1tware b~ a ia mode, Inc. - , -BOO.ALAMODE _____StatL.E.L _~pCooe ~~I~~~o. 1682 May 22, 2007 ,~ e21 of23 ---= . -- 34m _ Subject Photo Page B~ent Collier County Board of County Commissioners Pry~ress 4005 ,=,arvesl C.o:~____ ~Ity~~ Courllv Collier Lender Board of Count" Commissioners Subjecl Fronl 4005 HaNesl Court Sales Price N/A GrossUvinllArea Total Rooms TotllB!drooms TolalBathroams Location Average Vfew 4,00 1 sf.fcanal Site QuaUty Age Subjecl Rear Subject StrBBt Form PICPIKSR _ 'TOTAL 10r Windows" appraisal so1tware by a la mCKIe, Inc -l.BOO.ALAMOOE Borrower/Client Collier Counlv Board of County Commiss[oners Pt9.P!':.rtv Address 4005 HaNesl Court Crly_ NaoJes .Coyt1!Y Co_lljer State fl Lender Board of Counlv Commissioners f\~l!Mg81:~fjlo 1682 May 22, 2007 22 of 23 Location Map ZiDCode 34112 ~...I,q;~~,~::c__:_:: U_~]O ----'-~:::, :r---'--'.,.> ";i"'k , , .1 \\ ".";' . 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(.) ;j~~.f =, ~ <l i I I i h III Ifl !III "I' III H III I, ! ... ,.: - .,; ! .,; ... !:. wi "':<<10 . --i ttifli ID a 16.; I~ ~ :: c.l s lam J;" ~~ I!:~ H ~.. - ;;: atlf~ tr)1D .t:"'.I: NN H; f fl ]1"'5 l!~ eN_ ;;:i g..:C'Oi _...... UC'li';aoNC'iG) caic,iciui":c; ~ , , , , , , , , , , , , , , , , I ______ .1 . Date: Item # Aqenda Item No. 1683 , May 22, 2007 Page 1 of 23 EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in thc Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshorc Gateway Trianglc CRA Wachovia Bank Line of Credit in the amount of $110,250.00 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3991 Harvest Court, Naples, F134112 OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $110,250.00 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3991 Harvest Court. Naples, Fl.,34112. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to acquire property. Florida Statute 163.370 - "Powers; counties and municipalities. community redevelopment agencies" - delineates other powers necessary to carry out the purchase of property. BCC RESOLUTION No. 2000-82 made a 'finding that a blighted area exists' in the Bayshore Gateway Triangle area and that 'conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare..... BCC RESOLUTION No. 2000-181 adopted a community redevelopment plan to correct deficiencies. The applicable Redevelopment Master Plan sections cite: 1. Neighborhood Focus Program o Acquisition of vacant and dilapidated sites (page IX-6) o Demolish dilapidated and unsound buildings (page IV -20) 2. Bayshore Neighborhood Focus Initiative (NFl): o Bayshore Drive consists of several residential streets and loops extending from both sides of Bayshore Drive. As a neighborhood it is defined by and will take its character from thc improvements planned for Bayshore Drive. The potential catalytic effect of the Bayshore Drive Landscape program should be supplemented byNFI activities as presented on Illustration IX-14 (Exhibit A): . Site acquisition and infill housing (lIIustration IX-14) . New multifamily housing (Illustration IX-14) . New single family housing (Illustration IX-14) -- Date: Item # CONSIDERATIONS: As cited in the Bayshore Gateway Triangle Master Plan, there is a provision for the creation of CRA programs to remove substandard or blighted homes or acquire vacant lots and facilitate the construction of new housing that meets Collier County codes. Working with the Local CRA Advisory Board, CRA staff identified stressed locations that had high crime rates or multiple Code Enforcement problems and blighted neighborhoods where substandard or aged housing existed. Following the example of other CRAs throughout the state of Florida, a local program was developed for an older Bayshore Drive neighborhood zoned mobile home. The Neighborhood Focus Initiative program objectives are: I. To acquire mobile home lots (with or without trailers) from willing sellers, 2. Demolish existing structures, 3. Prepare the site for new construction, 4. Advertise to the private sector a Request for Proposals (RFP) for each lot, 5. Provide selected floor plans that meet the Bayshore Overlay Design Guidelines, 6. Select qualified builders to construct new housing that meets code, 7. Offer builder incentives, if necessary, 8. Market new housing at workforce or gap priced housing, 9. Require new housing to be deed restricted as owner-occupied housing. Aaenda Item No. 1683 - May 22, 2007 Page 2 of 23 CRA had discussions with Mr. Monsur Ahmad and Ms. Nancy Black pertaining to properties they own within the Bayshore area and their desire to sell said properties to the CRA. The CRA commissioned an independent appraiser to appraise the mobile home sites (located in a blighted area the CRA has been focusing on for residential-infill) to determine the value of the sites they wanted to sell. On April 4, 2007, Mr. Mansur Ahmad and Ms. Nancy Black offered to sell the CRA a vacant mobile home lot located at 3991 Harvest Court, for $1] 0,250.00, which is $1,750.00 below the independent appraisal obtained by the CRA dated March 29, 2007 which values the site at $112,000.00. This offer was accepted by the Executive Director, contingent upon CRA Board approval, and presented to the Bayshore Gateway Triangle CRA Local Advisory Board. The Local Advisory Board unanimously accepted the proposal to purchase and recommended to the CRA Board to authorizc the purchase of subject property as part of the Neighborhood Focus Initiative. 11 is in the best interest of Collier County, and in particular of the residents of the Bayshore area, for the CRA to acquire this property, construct new housing and resell the residence as work force/gap housing. Presently the Land Development Code allows an owner of a mobile home zoned lot to install a replacement mobile home unit. Replacing mobile homes with new construction assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan's Neighborhood Initiative, increases the residents' quality of life and constructs a higher quality home within the Coastal High Hazard Area (CHHA). 2 Date: Item # Agenda Item No. 16G3 May 22, 2007 Page 3 of 23 Therefore, the CRA Local Advisory Board recommends the CRA Board approve the purchase of the subject property with CRA Wachovia Bank Line of Credit funds (to be repaid with CRA Tax Incremental Finance (TIF) revenues) as part of a residential iniill project removing mobile homes and replacing them with a foundation home built to current building codes and resold as an owner-occupied workforce/gap housing unit. FISCAL IMPACT: Funds in the amount of $11 0,250.00 plus cost and expenses to complete the sale of subject property (title insurance, attorney's fee, closing services and recording fees) are available in the Bayshore Gateway Triangle CRA Wachovia Line of Credit. A budget amendment is needed to recognize the draw on the CRA line of credit and expenditure for the purchase of subject property. Source of all funds are Fund] 87 tax incremental finance revenues. Wachovia $7M Line Of Credit Summary Purchase Seller Date Address Amount $7,000,000.00 17 acres Ellet Aun 6, 2006 None-8avshore Drive -4.553.000.00 MH Lot~Trailer Od ierna Ma" 3. 2007 None-Van Buren Ave -90.000.00 MH Lot-Trailer Stubli April 16. 2007 3148 Van Buren Ave -90.000.00 MH Lot-Vacant Owens Ma" 15. 2007 4048 Fun Moon Ct -90.000.00 MH Lot-Vacant Uzupes Mav 15, 2007 3252 Lunar 5t. -90.000.00 SUB TOTAL + $2,087,000.00 MH Lot-Vacant Mansur/Black 3979 Harvest Court -114.50000 MH Lot-Vacant Mansur/Black 3991 Harvest Court -110.250.00 MH Lot-Vacant Mansur/Black 4005 Harvest Court -110.250.00 MH Lot-Trailer Mansur/Black 3032 Van Buren Ave -90.000.00 TOTAL + $1,662,000.00 GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA. This property is a part of a targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore Gateway Triangle Redevelopment Plan as documented in Exhibit A. RECOMMENDA TION: That the Collier County Community Redevelopment Agency: 1. Approve the attached Purchase Agreement; 2. Authorize the CRA Chaim1an to execute same on behalf of the Board; 3. Authorize the CRA Chairman to make payment of all costs and expenses necessary to close the transaction from the CRA Wachovia Line of Credit; 4. Accept the conveyance of the property via Warranty Deed and authorize the Executive Director or Assistant County Attorney to record same in the public records of Collier County, Florida: and 5. Approve any and all budget amendments required. Prepared by: Jean Jourdan on April 10, 2007 Project Manager, Bayshore Gateway Triangle Community Redevelopment Agency 3 Item Number: ItemSummBry: Meeting Date: Page I of 1 AClendaltem No -luG] " rVlay22,2007 Page 4 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS iCG3 Recomr~renJallDn tor tile Community Redevelopment flgency 10 npprove the purcllase ot a v&cant resioential imoblie home) !otln th,) Bayshore <\i'ea ot Pl'i' CRA, as part at a CRA 'eslden:ial :nfill prolect to appro'le oaYlllent trom and autllorize LI'e CRA Chairrnan to make a draw flum H',;" S:;yshore Cateway TrlAnqle CR/, WaLllo'/ia Bank Lille 01 Credit ill ,I1e ilmOll!lt )f ~'1C2~(l0;) Ol\l~ Cllst ilnd exoenses to CDrnpide lh) sale of ~lI()Ject prclperty a~d apprDve allY WI(J ail necessary nudgel amf'lldments S,le dddle~~ 3~I(Jl Hmvest COllf1 ~J<l[)les_ FL 'Qi12 5/2212007vOOOO,4M Dale Prepared By Jean Jourdan Community Redevelopment Agency Prnject Manager Bayshore.Galeway Redevelopment 513120074:03:5SPM David Jack50rl Dale Approved By Community Redeveloprnent Ag.mcy E~ecutive Director Bayshore-GatewayRedevelopment 519/2007 t:59PM Approved By Dale Jean Jourdan Community Redevelopment Agency Pro)ectManage' Bayshore.Gatewny R"development 5/9120072:04PM Approved By Date OMBCoordinator County Manager's Qniee AdmmistrativeAssistant Office of Management & Budget 5/9120073:31 PM Date Approved By Mark Isackson County Manager's Qffiee BudgelAnalyst Office of Mllollgemenl & 6udget 51111200712:07 PM Date Approved By Michael Smykowski Counly Mllnllger'sOffice ManagelTlent & Budget Diroctor Office of Mannge"wnl & Budgot 5111/2001309 PM Dale Approved By JamesV.Mudd Board of County Commissioners County Maoager County Manager'sOfficQ 5111/20014:10 PM file://C:\AgendaT est\Export\83-May%2022,%202007\ 16, %20CONSENT%20AGENDA \ 16.. 5/16/2007 AGREEMENT FOR SALE AND PURCHASE .. . 3 Agenaa Item No. 16G3 May 22,2007 Page 5 of 23 THIS AGREEMENT is made and entered into by and between Nancy Black and Monsur Ahmad (hereinafter referred to as "Seller"), and Collier County Community Redevelopment Agency, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property located at 3991 Harvest Court, Naples, Florida 34112 (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the p~s hereinafter set forth and the sum of 7E Dollars ($ /0 .00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purChase price (the "Purchase Price") for the Property shall be One Hundred and Ten Thousand, Two Hundred and Fifty Dollars ($110.250.00), U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before August 10, 2007 following execution of this Agreement by the Purchaser. unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attomey's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. Initial Buyer l"ttlaISaller~ ~ r. __ 1 Agenda Item No. 1683 May 22, 2007 Page 6 of 23 3.0113 A "Gap," Tax Proration, Owne~s and Non-Foreign Affidavtt," as required by Section 1445 of the Internal Revenue Code and as required by the tttle insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commttment. 3.0114 A W-g Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee; shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to"""'" the Purchase Price. No funds shall be disbursed to Seller until the Tide Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Tttle Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owne~s title policy to Purchaser in accordance with the commttment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Selle~s title to the Property. The cost of the Owne~s Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current yea~s tax wtth 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 yea~s millage is not fixed, taxes will be prorated based upon such prior year's millage_ IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified wtthin this Article, Purchaser andlor Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within twenty (20) days after the date hereof, Purchaser shall obtain as evidence of tttle an ALTA Commttment for an Owne~s Title Insurance Policy (AL TA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon_ Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to initlal Buyer I....t.-.~ ~D-~ 2 Agenda Item No. 1683 . I S II' . May 22. 2007 lit e, e er shall have thirty (30) days to remedy any defects m order to convey Pa e 7 of 23 good and marketable title, except for hens or monetary oblrgations whIch will g be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. ~ Seller agrees to convey all properties vacant and free of all tenant .' ,. occupants on or before the day of closing. Buyer has the right to inspect all ~I properties the day of closing to confirm said vacancies. Failure to convey properties by Seller as vacant will cause delay of closing. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. / 5;ll3 Seller acknowledges that if the agreed Purchase Price staled in Paragraph ,I' 2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of InltialBuyer_ _ '''''''SeI",~(~o...._ j Agenda Item No. 16G3 any investigation, Purchaser shall deliver to Seller prior to the expiration of the M~Y 228 2fg; Inspection Period, written. notice of its intention to waive the applicable age 0 contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in wr~ing of its specific objections as provided herein within the Inspection Period, ~ shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and ~s agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting sije analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a resuk of Purchase~s entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property . VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspeclthe Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remadies available at law Or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or othelWise fails to perform any of the terms, covenants and condijions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in defautt, then as Selle~s sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon Q!!!l percent {1%l of the purchase price shall be paid to Seller as liquidated damages which shall be Selle~s sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, {Real Estate Brokersl, hereof. The parties acknowledge and agree that Selle~s actual damages in the event of Purchaser's defautt are uncertain in amount and difficult to ascertain, and Ihal said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was nol intended 10 be a penalty in nalure. InlUalBuyer_ _ InltI8ISe1ler~~o....._ Agenda Item No. 1683 May 22. 2007 Page 9 of 23 10.03 Should any I~igation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such migation or other action; which sum may be detennined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perfonn its obligations under this Agreement and the instruments executed in connection herew~h, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Selier and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. . 11.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full perfonnance and discharge of every agreement and obligation on the part of the Seller to be perfonned pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the tenns of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly InitlaIBuY'ttr__ InitielSeller~~C\...... 5 Agenda Item No. 1683 May 22. 2007 into any body of water. Seller represents the Property has not been used for Page 10 of 23 the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such tenns are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection w~h the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (~ has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Selle~s ownership thereof. Seller represents none of the Property has been used as a sanitary iandfill. 11.018 Seller has no knowledge that the Property and Selle~s operations conceming 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 ot 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 iaws, ordinances, codes or regulation with which Seller has not complied. 11.01 g There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or infonnal, existing or pending or threatened which affects the Property or which adversely affects Selle~s ability to perfonn hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or om~ to perform any act which would change the zoning or physical condition of the Property or the governmental ordInances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statemenf') reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. Initial Buyer_ _ Initi&ISeller~~ 6 Aaenda Item No. 1683 ~ May 22,2007 Page 11 of 23 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of t~le. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepeid, addressed as follows: If to Purchaser: Collier County Redevelopment Agency Bayshore/Gateway Triangle clo David Jackson, Executive Director 2740 Bayshore Drive Neples, Florida 34112 With a copy to: Maljorie Student-Stirling Assistant County Attorney Office of the County Attorney 2800 Horseshoe Drive Naples, Florida 34104 If to Seller: ;Jo..- h.-L Lj J3! Ci.- c..l- /2-12-ti~~~ r- jJc~ :;L~ sf /"0 With a coPyto:;V10rJSlA..R- A-1f1'1.1't~ 9(p~ f-1 ~ ,i)--t.- ~:rL 34-IDI/ 12.02 The addressees and addresses for the purpose of this Articie may be changed by e~her party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. InitialBuyer~ _ InltialSeJler~ ~o.....~ 7 Agenda Item No. 16G3 May 22, 2007 Page 12 of 23 XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constrtute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in wrrting and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless rt is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offe(' to purchase represented by this Agreement is subject to acceptance and approval by the CRA Board of Directors Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered wrth the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) Initial Buyer InltialSeller~ ~D-. ~ 8 Agenda Item No. 16G3 May 22, 2007 Page 13 of 23 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. XVI. 1031 EXCHANGE 16.01 The Seller intends to do a 1031 Exchange and buyer agrees to cooperate with seller regarding the exchange at no additional cost to buyer and no delay to the closing. )niliaIBuyer~_ InitialSelte~ ~O- ... 9 Agenda Item No. 1683 May 22, 2007 Page 14 of 23 IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO SELLER: DATED: 4 - If - 2olJ? ~E~ (}/)j'lldJ;m ~d L, / ~(jn . tI(Lf Or] (Printed Name) CV\ Approved as to form and legal sufficiency: I A----'" ~Ma~one tudent-Stirling Assistant County Attorney COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BY: DONNA FIALA, Chairman BY ~~ ;e.;d/J~~L Nan K. BI k NIt;JC.Y J:- BucJ (Printed Name) BY: ~a>I,:~> Monsur ~ \Y10NSUrz.... AI-+MAO (Printed Name) ill Agenda Item No. 1683 May 22, 2007 Page 15 of 23 EXHIBIT "A" LOT 66, LAKE KELLY, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE(S) 93, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA PROPERTY 1.0 53352200000 11 391/ fltu.tY.51 a LAND APPRAISAL REPORT Borrower Gallier pounlv Board of Goul1!Y. c:ommissloners Property Addre5S 3991 Harvest Court City Naple~_ _____ Co~nty Collier ._ legal Description Lake Kellv Unit~, Lql6f3.;J'IO #53352200000 Sale PriceS NfA DaleotSaleN/6_loanTerm~_ yrs. Property Righls Appraised ~Jee Actual Real Es12le T~s S 611.r06 (Y0 Loan charges to be paid by seller S Unkwo. other sales concessions Unknown Lender/CHent Board of COUrlN Commissioners Address p .q,BoJ( ~, ~Q1p~ Na les FL 34101 OCC\l~an' Vacant site Appraiser James B. Kerr, Jr Instructions to Appraiser Estimate Market Value. This aooraisaUs.ir:1t!!:nded for the use b the Coitier Coun Board of Coun Commissioners for land ae uisilion ur oses and no other use or user s is allowed. Location Urtlan ~Suburbiln _Rural GOoOAvg Fair Poor Buitt Up ~ Over 75% ['J 25% to 75% 0 Und!f 25% Employment Slability 0 ~ C == Growth Ram 0 Fully Dev ~ Rapid ~ Steady n Slaw Convenience to Emplo~nt 0 l3J C L! Praperty Values ~.: Increasing [Xl Stab~ I J Declining Convenience to Shopping [1 !SI LJ 0 Demand/Supply , 'Shortage Z tn Balance ~ Over~upply Convenience to Schools ~ [8l 1:"1 CI Matkfltlng Time ~ Under 3 Mos :x; 4-6 Mos. U Over 6 Mos. Adequacy of Public Transportation - I N LJ L.J Present Land Use ~% I Family --9.% 2-4 Family 0% ApIS. .J.Q% Condo --2% Commercial Recreational FaclMties .J [8:: n n _%lndustrlal--.J%Vacant _% Ad8quacyo1Ulilille~ ~ !SI ~ [j Change in Present land Use [XJ Not Likely [_I Likely (-) ~ TaKing Place (-) Property Compatibility 0 r?:i [] 0 (-)From To ProtectiontromDetrimentalConditions 11 r><;: ~ 0 Z Owner ' . Ten~~ _~% Vacant Police and Rre Protection U Z -:J L~ $ 85.000 10$400000 PredomlnamValueS 130,000 General Appearance 01 Properties [] l'XI ~, [J New yrs, to~ yrs Predomlnanl Age 35 yrs. Appeal to Market ;~i ~ n [J Censu~ Tract 107.01 @ IFile No. 12284 Page #N J.\g~W;m 0.1683 File No. 12284 May 22, 2007 MapReferenc~ 14,-50-25 t-'a e 16 of 23 State Fl Zip Code 34112 :Leasehold nOeMinimisPUD PredominantOceupancy- Single Famlly Prlt~. Range Single Family Age C()llllTIenlS Including those factors, favorable or unfavordble, aMectlng marketability (~.g. public parks, school., villw. noise): Lake Ketl is 8 mobile home subdivision. Located 2 miles SE of downtown Na and uJ:llic beaches and 1 mile S off of U.S 41. Averaqe access to shoPDlno and suollOrting s~rv.ices, There is no feval~oc_e9f. sales or fmancina concessions in the area. Tvpical conventional financino is available at ~_f!I etltive rates, No adverse factors affectin mark:etabilit noted. Prices have been stable to daclinln over the ast ear DimenSions 40.74 x 98.20 4,001 Sq. Ft. or Acres lOlling classl1icatlon MH-BMYD-R3 Mobile Home SF Residenl!~1 Present Improvements [XJ do Highe~l and bf'!sr use tEl Present use Olher s ceil Public othllr (Oescribe) OFF Sn1IMPROVEMENTS :Topo Level Z ~_IStreeIAccess [><JPublic "]PrivatelSile Averaqe ~ . Surtace~halt Shape Rect,maular Z! Maintenance >::J Public I Private View Canal S! ' I 1 Storm Sewer Ii CutbfGlJtter Drainage Appears adequate - Underground Elect, & Tel, I ,-. Side~.~I~= Str~ bights I. lh6properly located In a HUD Identllltd Special flood Hlurd Area? Comments (lavorabie or unb.v~rabie incluting any apjJarenl arlVerse easements, encroachmm, cr ather adverse coodlbons): ~arenl adverse easements encroachments, etc. noted. Tl1.esubiect site IS cleared Flood Mao #12021c:9@2G/17 NOV 05/ Zone AE 1 Comer Lot : do no1 conform to zoninllregulations Elee Gas Wat!r San, Sewer ~No~Y.. The unclersigned lias recited Ihf!e rWlnt 5~S 01 prop!!rIies most SImilar lVld proximale to subject lVld lias consldBred these in the martiel analysis. Th~ descri!Jtion includes a doilar alljlJstmenl re1lecling marlleI reacLon 10 toose ltems oj signiticant variation be\W!en Ilia subject and tompillable prCQlJl1les. If a slgntfttant i1!m In the comparable property is superior 10 Dr more lavcrable 1tINl the subject property, a minus (-) jl[f1\l~1rne!It is made thus reducing the indicated ~alue 01 subject i1 a siJlOCiWlt ttem in the compme Is lnlll!ior to or less favorabletllanthesubjllctproperty,aplus (+) adlustmentis made thus increasing the indicated vallie 01 the subjecl ITEM SUBJECT PROPERlY COMPARABLE NO.1 COMPARABLE NO, 2 COMPARABLE NO, 3 Add ss 3991 Harvest Court 4037 Harvest Court 4053 Harvest CotJrt 2986 Van Buren Avenue Na es fl34113 Na les Fl34113 Na les Fl34113 Naples, Fl34.113 Prnxi to Sub'ec1 3 U-2 Lake Kall 4 lots S/l-62,U-2lake Kell 2 blk.N/Ls25&26 Kell ~~~: ~~~ FI NIA $ 11~7~~ .~:~,~;t;~~~~l~.t~~',:' $- 11~7~,~,i~~'~""'"' Data Source Clienllcoun C9unlylOR 4057-3.8~9 Coun lOR 4057-3837 MlSIOR 3779-3777 Date of Sale ana OE~BlBION OESCRIPTION + - Must, DESCRIPTION "" - jH.IDIJ~t DESCRIPTION' 1 + - Time Adjustment N/A 6-06 CD 6--06 CD 4-06 co- location Average Avera e Avera e/.'. . -AveragE! Sll "View 4,OO1sf./canal 4oo1sflcanal 4.001sUcanal l-25: 4 030sf lav To r n Cleared MH wlinlerim use -0. MH wlint rim use -.9- 1yact.&1MH razed EKCess lot N/A ^ ,'riiA N/A l.~~6:._~,03Qst/avg._ Plaza 180 000 22.33 ust 20000 -0- -90000 Sales or Financing N/A Cash/equivalent Cash/equivalent Cash/equivalent Concessions Net~. alai 70000 IndicaledVallle afSubject 110,000 Comments on Maillet Data Ct!.mos #1 & #2 are nearest the subiect and the moSI similar overall. The~e sites have older mobile homes 01 or uslit & condition. Com #3 is the sale of two. non-water-fronl site~;Jo,-25 .heeL.a mobile hO!'T1e thaI has been razed. Com #2 has since been com etel remodeled and it is listed for sale at 16~_0.9Q" Comos #1 & #2 are aiven the mostweioht Comm!l1ts and Condilions 01 Appraisal: See attached Certification and Umitino Conditions. No survey was provided to the aooraiser. Sales l1.is!ory: The subJl:1Ct.lastS;()1d with 101-65 and lot-67 + 8 1f210t-68 tor $120 000 on 3-10/2005. No other sales of the su ect in the ast 36 months, No sales of the comos In the oast 12 months-,._Comp #2 is; li.S;t_l:ld_ fOf $165,000..r"9.l5.nown lislin s of the su 'ect or of com s #1 & #3. Final Reconciliation: Th~U?jr~.c.tSales Comoarison Aooroach is the onlv aoolicable aoproa~h .in the valu!'!tion .Of a vacant resid1;ntial site ~1l~~' _Jallleti 0 I'\err, Jr. A ralSllrs [Y2K} oS DtflMED, O' IULlECT 'lIonan AI OF March 29, 2007 ~ to,be $ ...11?~90_Q__ LJ Did nOidNolPhysicaliylnspeclPtoperty Rp.~iewA raiser it !icable Integra Realty Fle:sources SOllrtlwes\ Fiorida Form LND - "TOTAL jor Windows' appraisal ~ottware by a la mode, inc. -l-800-ALAMODE Avera c _ 4,001sf./canal Cleared NIA .Avera e 7 980sf./canal Gjel:!red Avera e -10000 4,613sf./lake Cleared iF~e No 122841 Paoe #~ Agenda Item o. 1683 450007797fv1ay 22, 2007 File No. 12284 Paqe 17 of 23 COMPARABLE NO, 6_ 4037 Fullmoon Court Napl~,FL 34113 2 blkWfL-17 U-2 Lake Kell 129000 ,.__. __ 26.77 LAND APPRAISAL REPORT MARKET DATA ANALYSIS rTEM SUBJECT?ROPERTY Addles~ 3991 Harvest Court Na es FL34113 ProKim loSub'ect Sales ?rice P1ic8PerS Ft. DataSourCt Date nf sale aoo Time Mustmenr LO,,~Oll._ w To rah Excess lot NLA 110.000 13.78 ",~,", CII~mtfcoun _DESCRIPTION .NIA + - A.d'u -11 QOO 1.,.- Ad'lIst ~13 000 + - .13000 .1500 -2000 Sales 01 Financing NIA Active listinQ Active listing Active listing Concessillns et otal 15000 Indicated Value alSubect S 89000 114000 Comments Comps #4-#6 are active listinos nearbv A -10% i;ldJutitmeQt}or list vs. Sale ce ~ considered a ticable. Com #1 last sold 7-24-2006 tor $75,000. but this past sale couJd.not be verified. Como #21a5t sold g-;Z9.,2I}Q!) for 127000 It was re-listed on B-27-2005 for .$,??4 900. The last price reoucJ!.on WaS8!? .!loted above_ Como #3 last sold 7-13-2005 for $80.000. It was.re-listed _ 9-22-2006 for $149 000 The _ last rice reduction was as noted abovg inl!gra Really Resource~ Southwest Flof1da FollTl LND.(AG) - ''TOTAL tor Wln(!ows' aPllraisal softWare b~ a la made. inc. - 1-80(l-ALAMOOE ~ No, 1~841 Paoe #~ gen a Ilem o. 1683 May 22, 2007 Page 18 of 23 DEFlIUTION OF MARKET VALUE: The most probable price wtljch a pl"operty should bring in a competitive and open market under all condiliDlls requisite to a fair sale. \he buyer and seller, each ac~ng prudently, knowlellgeabiy and assumi~ the ll"k:e is n01 allecllld by lI!llIue stimulus, Impllcn In thIs definition is tile consummation 01 a sale as 01 a s~ilied date and the passing of title trom seiler 10 buyer under condltiDlls wnereby, (1) bu~r and seller are typically mctivated: (2} both parties are well informed or well advised, and each acting in what he considers his own best interest: (3) a reasonable blTlll is allOWlld for elq)Osure In the open rn3l'kf!t: (4) payment is mat:le in terms of cash in U.S. da/lars or In terms of 1inancial arrangements comparable ttlerelo: and (J) the price represenls lhe normal consideration for the property sold unatfected by special or creative 'inancing or sales concessions. {llllnled by anyone assOGiated with the sale, . Adjustments to the comparables must be made 10r speclal or creative financing or sales concess'lons, No adjusllTlllnts are necessary for those costs which are normally paid by sellers as a resua at tradition or law In a market area: these costs are readily identtfiable since the seller pays these costs in vlr1llally all sales transactions. Special 01 creative 1inanelng i1dills1ments can be made to the comparable property by comparisons to financing terms atferell by a third paltJ' Institutional lender that is I1f.lf a1leady involved in the property or transaction. Any adjustment shootd not be calculated on a mechanical dollar lor dollar cost of the financing or concession but the dollar amounl 01 any adjustment should applOximale the markers reaction to the finanCing or concessions based un the appralSftt'sludgement, STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appra15er's cert~icallon Ittat appears in the appraisal report Is subject to the lollov.ing condi1lons 1, The appraiser will not be responsible lor matters of a legal nature thaI affect eltl1er the property bemg appraised or the title to ~ The appraiser assumes that Ihe title is good i1nd marketable and. therefore. will not render any opinions aboul ttle tltle_ The property Is appraised un the basis 01 it being under responslhle uwnership. 2, Tile apprai~p.r has prO\llded a sketch in the appraisal report 10 show approximate dimensions Cl1 the improvements and the sketch is includlld Dnly to assisl the fI'.ader 01 the repof1 In visualizing the PrD?fIrty and unders1andmgthe appraiser's deterrnination of Its size. 3. The appraiser has examined the available fluod maps that are provided by !he ~ederaJ Emergency ManagemenT Agency (or other data sources) and has noted in the appraisal report wtJether tfle subject srte is loeatf!d In an Ident~ied Special Flood Hazard Area. Because the appraiser is not a surveyor. he or she makes noguarantees.expressorimplied,lllgarding1hlsde1erminalion. 4, The appraiser will not give testimony or appear in court because he or she made an appraisal 01 the property in question unle!>s !>pecific arrangemertts 10 do so have been made beforehand. 5. The apprais~r has estimated tile value of the land In the cosT approach at ~s highest and besl use and the Impro~ments at their contributory value. Thm separate ....aluations 01 th~ land and improvements must not be used in conjunclion wtth any other appraisal and are invalid if thty are so used. 6 The appralser has noted In the appraisal report any ad....erse conditions (SUCh as, needed repairs. depreciation, the presence of i'la2ardous wastes, toxic substances, etc,) observed during the Inspection 01 the sublect property or thai he or she became aware 01 during the normal research invoived in performinll the appraisal. Unless otherwise stated in the appraisal report the appraiser has no knowledge 01 any hIdden at ~napparent condltians of the property or adverse environmentll conditions (inciudlnll me presence of hazardaus wastes, toxic substances, elc.) that would make the property more or less valuable, and has assumed thaI there are no such conditions and makes no Iluarantees or warranties, express or Implied. regarding 1I1e condition 01 the property. The appraiser will not be responsible tar any S\Jch conditions tM do exist or lor any engineerlng or testing that might be reQuired to discover whetner such conditions exist Because the appraiser is not an expert In the field of environlTlllntal hazards, the appraisal report must not be callsidered as an en....ironmenlalassessmenloffheproperty 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report tram ~OIJrces 1hal he or she considers to be reliable and be!l~es them to be true and correct. The appraiser does not assume fesponsibiltty tor the accuracy of such Items that were furf'lish&d by other parties. B. The appraiser will nof disclose the contents oj the appralsai report except ijS provioed lor In the Uniform Standards of Prolessional Appraisal Practice 9. The appraiser has based his or h~ appraisal report and valuatloo conclusion lor an appraisal thai is subject to satisfactory COffillletion. repairs, or alterations on lhe assumption !hat cumpletlon of the Improvements will be performed in a workmanlike manner 10 Tne appraiser must proVIde his or hef prlcrr written consent before the lender/client specitied in 1I1e appraisal report can distribtJte the appraisal report (including conclusion~ ~bout the property value, the appraiser's identi1y and professional designations. and references to any prolessional appraisal organizatons or the lirm with which !he appraiser is associated) to anyone other than tile borrower: the mortgagee or its successors and assigns: the mortgage Insurer: consultants: pro'essional aPflraisal organizations: any sfate or federally appnwed I1nanclal Institution or any department. agency, or instrumentality otthe Untted states or any state or the District 01 Columbia; except Ihal 1he lender!clientmay dlstributethepro~rty description sectional Ihe report only to dala collfction or repm1ing service(s) without ha....lng to obtain the appraiser's prior written CDnsent The appraiser's written consenl and approval must also be obtained Defore the appraisal can be conveyed by anyone tu the pUbliC through advertlslnQ. j)ublic relations, news, sales. or ot:her media Fleddie Mac Fonn4396.93 pagelat2 Fannie Mae Form 'OO~B&.93 Integra Realty Resources Sou!hwestFIClrida Form ACR _ "TOTAL for Wlnduws' appraisal software by a la mode. Inc. - t .80G-I\LAMODE ru No, 122841 Paoe #~ Agenua Item 0.1683 May 22, 2007 Page 19 of23 APPRAISER'S CERnFICATION: The Appraiser cflrtltles and agrees that: 1 I ha~e rl!searched the subject market area and hm selected a minimum at thIn recent sales of propemes most similar and proximate to the subject property tor consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to rftleel tht. market reaction to fuose Items of signrticarrt ~ariation. II a signHlcam item in a comparable property is SUpel'ior roo Of more lavorable man. the subject prllperty, I have made a Mgalive adjustment to fl!duu the adlUsted sales price of the comparable and, it a signlllcanl1lem in a comparable propert~ 15 Inferior to, Of less lavorable tt1an the sublect property, I havt made a posmveadjustmentto increase Ihe adlusled sales price ol1t1e comparable 2. I have takt'll irrtu consideration !he factors that hav.. an impaet on ~alu! in my lI~vebJpment oftht! estimate of markl!t value In lI1e appraisal report. I have rIOt knowingly withheld any slgniflcanl Information from the ilppraisal report and I belie~ to the best or my kI'IowledQe that all staltumnls and Information in the appraisal report are true and COlfect 3. I stated in the appraisal report only my own personal. unbiased, and professional analysis, opinions, and coocusions. which are subject only to the contingent andlimilingcoodilionsspecitiedinlhlsfonn 4, I have no prestn! or prGspectlve interest in the property that is the subject 10 this report, and I have no present or prospecti~ personai interest or bias with rnpec1 to the participants in the lfansacl1on, I did not base, a/lhel partiaUy or completely, my analysIs andior the estimate at market ~alue In the appraisal report on the race, color, religion, selt handicap. tamilial ~tiIS, or national origin of eilt1er!he prospective owners oroccupanls 01 lt1~ sub/ftct property Dr of1tle present ownersorocclJp3ntsollt1epropertiesintht!vicinityoftflesubj!!ClprOpllrty. 5. \ have no present or contemplated lulure interest in the sublect property, and netther my currenl or tu\JJre employment nor my compensation for per10rming lt1is dppralsal Is commgenl on the il\lpraiSedHlue of the property 6. I was not reQUire<! to report a predetermined value or direction in value that favors tile cause of lt1e client or any reiated party, tile ~mount 1II the value estimate, !he attainment of a 5pecHlc result or tile occurrence 01 a subSeQuent event in order to receive my CClfTlpensalion and/or employmllnt for per1011T1ing th~ appraisal. I did not base lI1e appraisal mpan on a rell\lested mirllmum valuallon, a speclfi<: valllation, or the need to approve a specllic mortgage ",an 7. I pertonned lt1is appraisal in cOnformity with lt1e Uniform Slandards of Professional Appraisal Practlce thal were adoplfld and promulgatoo by the Appraisal Standards Board 01 The Appraisal Foondation and !hat wem in place as of the e"ective date oftNs apJlfilsal. wllh the uuplion at the departure provision 01 those Standards, wtJich dots not apply. I ac~noMl!dge It\at an estimate at a reasonable tlme lor exposure In the open marj(et is a condition in lt1e definition of market value and the estimate i developed is Cllrl$ISIefrt with the marketing time nored in Ih~ nelgtibOrllOOd sectron at !his feport, unless I h~ve othllrNtse stated in the reconcmationseclion B. I ha~ personally inspected lh~ interior and ~xterlor areas of lI1e subjecl prOjlerty and the ex/eriar of all properties listed as comparables in the appraisal repon Ilurther certify !hal I have nored any apparent or known adverse conditions In the sUbJl!ct Improvements, on lI1e Sl1b;ect site, or on any silf! within !tie immediate Vicinity of Ihe subject property of which I am aware and ha'il! made adlUSltllflnts lor ltlese advers.. condttions in my analysis of the property value to the extent tM I had market e'lidence \0 sllppOrl!hem. I have also commented about Itle e11ect of tI1e adverse conditions on !he markelability 01 the subject property. 9. I personally prepared all conclusions and opinions abool tI1e leal estate 1M' were set forth in !he appraisal report. If I relied on signlflcanl proiessional assistance from any Individual or individualS in the pertormance at the appraisal or the preparation 01 the appraisal report, I have named such indivldual(s) and dIsclosed !he 1jpilCitlc taslt~ pertormed by them in the reconciliation settion 01 this appraIsal report. i certlly 1hat any individual so named is qualified to pertonn lhe tas~. I have not aulhorized anyone to make a chan~e to any item In tI1e report: 1here1ore, If an unaulhorized change is made to the appraisal report. I will take no responslbllltylor il SUPERVISORY APPRAISER'S CERTIFICATION: if a supervisory appraiser signed the appraisal report, he or she certifies and agrees that I direetty supervise the appraiser who prepared lI'le appraisal report, have re'liewed the appraisal reoort, agree with lI1e sIaIements and coocluslons ot tile appraiser, agreetobebaundbytheappraiser"s certi1icalion~nltmbered4through7 above, and am laking fUll responSibility tor Ihe appraisal and the apprals alreport, ADDRESS OF PROPERTY APPRAISED: 3991 Harvest Court, Naples, FL 34112 APPRAISER: ~;:""~ 1l ~i1. OateSigned March 29, 2007 Slate Certificabon #: SICert.Res.REA #OOOO~fQ_ or Stale License I- Stale: FL Expiration Date 01 Certification or Lic~n~e l1Q9i2QOB SUPERVISORY APPRAISER lonly If requir....): Signalure ___ Name: OateSigned StateCerttfication# orStaj~License# State ExpiralionOate 01 Certificalion or License: nDld = Did Notlnsptlcl Property Freddie Mac Forrn4396.93 Page 2 01 2 Fannie Mae Form 10011B6-93 Form ACR _ 'TOiAL tor Windows" apprlllsal sollware by a la mode. inc. -1--l100-ALAMOOE !FiieNo 122841 Page #51 Agenda lieml~o. 1683 May 22, 2007 Page 20 of 23 The Scope of the Appra.s.1 The s~npc of Ihe ilrrnllsal is to "describe 1m: c~lcm of the pmc!:'!s of wllectmg. confmning and rep(lrtin~ dala~ tor the appraIsal fl"pllrt. In thIS regard, lhe subJt:C1 propt:ny .....as physil,;&lly inspected and thl: phOlographs were taken furrent market sales aclivity is analyzed. Unless neCeSSltalt'tl by markel conditions, saks transactions f<loging from CIne III si:\ lTI(lntns {Sl:\ to twenty-follT m{)nth~ wilen the quanlllY and quality ()f Ihe data IS limited!. located within one milt: of the subject propertylont: to twenty miles \1>'hen the quantity and quality of thl.' data is limited) and considered Ihe moSI similar wmparabJes available arc compiled from and conlinned wiLh the 10000<llll1ultiplc listing service the: county pTopeny appraisers office. lIle Marshall & Swift enst guides andlor local huilding contracwfS. and/or the huyer(s) and/or seller{s) of propenll~:s. After aM;emblinloi and analyzing the dat.a delined in tbis s~ope nf Ih.e .appraisal. a tinal estimale of l1UIrke\ value i~ made by recom:ihng the applicable approaches (cost. Lncome and!0r market) 10 value. Pcr !he chen!. the fllCI thai the property being appraised is lO be acquIred for a roadway exlension and the Impal:1 on m.arkd value lhal this lll,;tion may have is to be ignured. The property is 10 he appraised as if no pending. al:quisilionis immincnl The Purpose. Function. Intended Use and Intended Vserts) or the Appraisal The purpose uf this appraisal is 10 eSlim.alC the market value of the SlJbJCl:l propt'ny as defined Il,ilhin this reporl. The function of lhis appraisal is to a\SiSI the clienl In the acquisilion of residential real eSlate for future (\)mmunlty de"elopment proJect_~ The LnwndL.u us.... of thj~ appraisal is to asslStlhc dient in the acqUisition of n:~idcmi<llleal cSUllt: for fUlure community den'l()pm~lltllrOlects The imende<l userls, of this <tppraisalls the Collier County Board oj' Coumy Comml~si()ners IInd its assigns. Any other use(S) or ust'r\s) is prohiblled Highest and Best Use As defined III "TIle Dictionary of Real Estat~ Appraisal.. highesl and heM use is The reasonable ami prohahle use that supports the highest present value of vacant land or improved propeny, as defmed, as of the date of !.he appraisal. 2 TIle reasonahle probable and legal use of land or sites a~ lhough vacant. found to he physlcally pos..'iible. appropriately supported, fmancially feasihle. and that results inlhe highest prescnt land value. 3 The most profitable use .Implicd In the~ ddinitlOns is that the dctcnnU18lillll of highest and best use takes imo account the comribution of a spedfic use 10 the community and ,ommunity de\'elopment g031s as well <IS tIll: hencfiL~ of that use to mdivldual rropen)' owners. Hence. in certain situations the highest and best use of lanr! may he for parh. grcmbelLs. preservatJOn. conscr....ation, wildlife habilat~ and the like. * A.n analysis 01 the hi~hest and beat usc of a propeny is the most important jl:i111 nf the appraisal process because it 1S III lennR of highest and bf.'"St u.~e thaI market value is estimated_ The study and sdectinn of lughesl and tleSI use is based on avaihlhle data about what uses arc legal, possihle. appropnale and feasible for the Slt~ both as vacant and as tmproveJ Conditions of Appraisal [cenify thaI This report ha5 been preparcd in cunformit~ with the requirements of the Uniform Standards of ProCessional Apllralsal PractIce as required by the Financial Im;tilutioos Refonn. RecoveT)' and Enforcemem Act of 1989 (FIRRF.Al. James B. Kerr. Jr. St. Cen Res. REA #??oo820 Form SeA - ''TOTAL lor Windows" apprals.al sottware by a \a mOde, inc. - 1-BOO-ALAMOOE Subject Photo Page iFiieNof22B4lPa~ Agenaa Item 1~o. 16G3 May 22, 2007 -"~9 21 of 23 ].QrrowarjClient Collier County Board of County Commissionel}> ~[U~r1V Address 3991 Harvest Court Cttv Naoles Cou~tv Collier Lender Board of Count\! Commissioners Stale FL ZioCode 34112 Subject Front 3991 HaNesl Court Sa~s Price NfA Grcssliving,lma Total Rooms Total Bedrooms Total Bathrooms locahon Average View 4.001sf./canal Site lJuality Age Subject Rear Subject Street Form PICPIX.SR - "TOTAL fOt Windows' appraisal soltware by a la mode, inc. -l.BOQ.AL.AMODE ~wer/Client Collier County Board of County C9mmissloners r>a Pro 'erN Address 3991 Harvest Court ---...----. CtN Nanles County Collier State FL ZiDCooe 34112 Lern:ler Board of C~~nt" Commissioners location Map OOo_122&4~ Agenda Item I~o. 1683 May 22, 2007 22 of 23 , :;:_~:etm:;; !I 'I: ,1 :~::.:.:::~~.. :J ! \ ..'---, M~ II Ji -~f;::;.~ If-c. Q:J':Aw --,--- . ~-]', IL fl, f" 'I " '~.' . t'''.1!! : ,~J....,.,.~.. ._iJ.lCI9'. ,; . n ,cc"if'Tfjir',,, _u. H' .p' --, ,101-' .~ .\>cn,l,,'I, <i '-.-,. ,~I- "Ba::ca-1\'m-_ 11 " ';:1r. .;;----- 1:0 ;.,.J i ~\ -- GoIl~,-' ~":",,<, i) , !I II f Ii I II Ii '1\ .. ':/~ ., il':; lil I~ ,~~ii ~ / !~ i .~~=~: , u t IP . , ,1.1 11'~-.::..!---'~~'--"> I I' ,. '1, " ~ u Ij BIIV'.......1)o'. ~--t),- ;C~- _. ~ ~ "'... """" "" :~A". . /~ /'!'~"" -..t.. ':~~ ,_.~. ,$'- n-.;.r-- - , _.c~Of-___ .....~= ~iiiY- ... Q ~I -~ ,~ .~($ .- --_~tlr ~Dt---_.::.: II ~, I ~ ~ !J I. I!ooo._==c=oo..,,' ~"".,"'cC~=~~'i --~~Tfi--:::=-::::::- " ~ :~~.;w&-:~'.' <l" II i ~!! !~-Ot_ ,_tlf. ;..-.:.;c\ _ _~.,_;:, Cg~~~k:'~; '. !, 1.< ~. I Il' i <--'''' ~ r-.ba-Or_.___.___ ' .. i~-N.re---'- ~...--- tidIr~':'_- I" I "-<.1. 0.' o.~ .-",-,=.j 07_ eaoo.N~,~ft."""""'U,.... form MAP.LOC - "TOTAL tor Windows" appraisal software by a la mode, inc. - 1-BOO.ALAMODE @\) = i9V<:=J @: @: li3 @\) --~ I j~ ~ ~~ n @ li3 @\) 00.. ,g if' iSJ ~~_ (!'ii)~@\)~ 881 ~<:=J'eg -E Ii'l li3 @\) <:=J ~h. @l @1 @5 (1(W ~ M ~l! ."b j;i iU .c11!!!.c'5 ~~."'.u ifl!is i j !fill~~ t i .~~-~~ g .. u E 8. ..., It ~ . ~ i -l! ... '" i ~-:;... ~.l!.l! ~.e is Elj"".5 0 Itli~~ I f).} ~~ ! it~!ll~! of gt!lli Jo.! !Iil i h{iIUd~fll ]~li 0.6 lilJ4,,8. J~~~ ...~~i~l ...5.",.;0.. .l!i!:il ~l~l~ ~ii!i~l~l~~~:&fji ~!ie!~ 1~IE1~Oi.!i~!=t'"~~~!~~~.l!~ ;f~ll-l- .~il~!tf~g~l~t!~~!tf~li -~iim 1e;_~~.~9'~~~~Ge5iE..~e .l!:$!!:i!'i" f~~......oi"!~""''''''''''88'''.7ii!!!g ~~a~~. ~_N ~. ~ o~.. Mr--M C)ON <.00- ~N 0 'NC') ONN ---z ,,(l) Eroen 22~ ro D c (l) en <{ '- ~~ O~ Oo! ~CD-e~ ~aO.s ~':::~CI) ~~Q:1 rg ..."- (,,) :l11:l.!O -co....u:. =1 ~ <i i I J ; h !II d' ~ III <Ifill d III ,. ! .. ,.: ~ ~ .. ~ wi ":e =- . .o. eD 'i wi.,; ll~ ~ ;;;; ~J = ClHIl '" .. _ il'l 1...1.... 5~ ~:~ ;; ocor.... .otti .t:.ta NN ilS~~ ~'i Jl!:'i5 e~ 2.-" 55 o....l"oI ...._ (')"":fONNtO cai<.iow":ci i ) r / Iii ~ i ) ~ ~ . Date: Item # Agenda Item No. 1684 May 22, 2007 Page 1 of 23 EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential in fill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $114,500 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3979 Harvest Court, Naples, F134112 OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $114,500.00 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3979 Harvest Court, Naples, Fl., 34112. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to acquire property. Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase of property. BCC RESOLUTION No. 2000-82 made a 'finding that a blighted area exists' in the Bayshore Gateway Triangle area and that 'conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare....' BCC RESOLUTION No. 2000-181 adopted a community redevelopment plan to correct deficiencies. The applicable Redevelopment Master Plan sections cite: 1. Neighborhood Focus Program o Acquisition of vacant and dilapidated sites (page IX-6) o Demolish dilapidated and unsound buildings (page IV-20) 2. Bayshore Neighborhood Focus Initiative (NFl): o Bayshore Drive consists of several residential streets and loops extending from both sides of Bayshore Drive. As a neighborhood it is defined by and will take its character from the improvements planned for Bayshore Drive. The potential catalytic effect of the Bayshore Drive Landscape program should be supplemented by NFl activities as presented on Illustration IX-14 (Exhibit A): . Site acquisition and infill housing (Illustration IX-14) . New multifamily housing (Illustration IX-14) . New single family housing (Illustration IX-14) - Date: Item # Agenda Item No. 16G4 May 22, 2007 Page 2 of 23 CONSIDERA nONS: As cited in the Bayshore Gateway Triangle Master Plan, there is a provision for the creation of CRA programs to remove substandard or blighted homes or acquire vacant lots and facilitate the construction of new housing that meets Collier County codes. Working with the Local CRA Advisory Board, CRA staff identified stressed locations that had high crime rates or multiple Code Enforcement problems and blighted neighborhoods where substandard or aged housing existed. Following the example of other CRAs throughout the state of Florida, a local program was developed for an older Bayshore Drive neighborhood zoned mobile home. The Neighborhood Focus Initiative program objectives are: 1. To acquire mobile home lots (with or without trailers) from willing sellers, 2. Demolish existing structures, 3. Prepare the site for new construction, 4. Advertise to the private sector a Request for Proposals (RFP) for each lot, 5. Provide selected floor plans that meet the Bayshore Overlay Design Guidelines, 6. Select qualified builders to construct new housing that meets code, 7. Offer builder incentives, if necessary, 8. Market new housing at workforce or gap priced housing, 9. Require new housing to be deed restricted as owner-occupied housing. CRA had discussions with Mr. Monsur Ahmad and Ms. Nancy Black pertaining to properties they own within the Bayshore area and their desire to sell said properties to the CRA. The CRA commissioned an independent appraiser to appraise the mobile home sites (located in a blighted area the CRA has been focusing on fi)r residential-infill) to determine the value of the sites they wanted to sell. On April 4, 2007, Mr. Monsur Ahmad and Ms. Nancy Black offered to sell the CRA a vacant mobile home lot located at 3979 Harvest Court, for $114,500.00, which is equal to an independent appraisal obtained by the CRA dated March 29, 2007 which values the site at $114,500.00. This offer was accepted by the Executive Director, contingent upon CRA Board approval, and presented to the Bayshore Gateway Triangle CRA Local Advisory Board. The Local Advisory Board unanimously accepted the proposal to purchase and recommended to the CRA Board to authorize the purchase of subject property as part of the Neighborhood Focus Initiative. It is in the best interest of Collier County, and in particular of the residents of the Bayshore area, for the CRA to acquire this property, construct new housing and resell the residence as work force/gap housing. Presently the Land Development Code allows an owner of a mobile home zoned lot to install a replacement mobile home unit. Replacing mobile homes with new construction assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan's Neighborhood Initiative, increases the residents' quality of life and constructs a higher quality home within the Coastal High Hazard Area (CHHA). 2 Date: Item # Aoenda Item No. "j 684 ~ May 22, 2007 Page 3 of 23 Therefore, the CRA Local Advisory Board recommends the CRA Board approve the purchase of the subject property with CRA Wachovia Bank Line of Credit funds (to be repaid with CRA Tax Incremental Finance (TIF) revenues) as part of a residential infill project removing mobile homes and replacing them with a foundation home built to current building codes and resold as an owner-occupied workforce/gap housing unit. FISCAL IMPACT: Funds in the amount of$114,500.00 plus cost and expenses to complete the sale of subject property (title insurance, attorney's fee, closing services and recording fees) are available in the Bayshore Gateway Triangle CRA Waehovia Line of Credit. A budget amendment is needed to recognize the draw on the CRA line of credit and expenditure for the purchase of subject property. Source of all funds arc Fund 187 tax incremental finance revenues. Wachovia $7M Line Of Credit Summary Purchase Seller Date Address Amount $7,000,000.00 17 acres Ellet AUQ 6. 2006 None~Bavshore Drive -4.553.000,00 MH Lot~ Trailer Odierna May 3, 2007 None-Van Buren Ave -90.000.00 MH Lot-Trailer Stubli April 16, 2007 3148 Van Buren Ave -90,000.00 MH Lot.Vacant Owens May 15, 2007 4048 Full Moon Ct -90.000.00 MH Lot-Vacant Uzupes May 15, 2007 3252 Lunar 8t. -90,000.00 SUB TOTAL + $2,087,000.00 MH Lot.Vacant Mansur/Black 3979 Harvest Court -114,500.00 MH Lot-Vacant Mansur/Black 3991 Harvest Court -110.250.00 MH Lot-Vacant Mansur/Black 4005 Harvest Court -110,250.00 MH Lot-Trailer Mansur/Black 3032 Van Buren Ave -90,000.00 TOTAL + $1,662,000.00 GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA. This property is a part of a targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore Gateway Triangle Redevelopment Plan as documented in Exbibit A. RECOMMENDATION: That the Collier County Community Redevelopment Agency: 1. Approve the attachcd Purchase Agreement; 2. Authorize the CRA Chairman to execute same on behalf of the Board; 3. Authorize the CRA Chairman to make payment of all costs and expenses necessary to close the transaction from the CRA Wachovia Line of Credit; 4. Accept the conveyance of the property via Warranty Deed and authorize the Executive Director or Assistant County Attorney to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared by: Jean Jourdan on April 10, 2007 Project Manager, Bayshore Gateway Triangle Community Redevelopment Agency 3 Item Number: Item Summary: Meeting Date: Page I of 1 i\gW1Cd Hem ~1(J. 1 ()C:;~ May 22. 2007 Page" Gin COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 'GG4 PeCOiTlmend31lGn tor lI1e COITlITlU:llty R"rieveloolTlenl '\goncy to f1pprove n',p purchase ot a vacant resiijenllal 'mobile home:1 iot In the BayshiJre ,"lea 01 Ine CPA as part of a eRA residE1nllal mIdi projecr to approve paynler~' f(Om Jlvj 8utllDri2e the CR/\. Ctlalrrnan to nlaK,c' a dr,pl>' t"om thi' 6"ysrlllfe Ca\ew8Y Triangle CR/, WadlOvia 8a;li: Line of Credit ill tne arnour;: 0; $1 ~4.S00 L\lus cost 31'd e/oeilses:o C(\mplelr, !he saie l,t sutclecl prOr-'e'1Y: iHld 8PPruv'; elilY :mo a I ne~essary nudget ('me,.l(irn<>nrs Sdf' 2dmess. 3,:'" "'arves\ Cowl [,arlies. FL ;\.111;> ~i22!200, 0.00 00 AM h(lJectMiln.,pef Dme Prepared By JeilnJcJlJrdan Commun,tyRetievel(lpnleni Agency 8"yshore"Gateway R(jdovelopment 513/20G7 3:2646 PM Project Manager Daie Approved By Jean.lourdan ComrnunityRndevelopment Agency Bayshor(j-Gateway Redevelopment 519/20071,04PM David.Jackson Executive Director Dale Approved By Community Redevelopment Agency Bnyshoro-GatewayRedevelopment 5/9/20072:01 PM OMBCoord'natof Date Approved By County Mnnagr,s Off'ce Admm,strativoAssistant Office of Managemflnt & Budgot 519120073:31 PM Approved B)' Mnrk Isackson County Manage.s Office Budget Analyst Date Office of Munagement & Budget 5/111200712:03,'M Mal1ilgement & Budget Director [),1te Appru\'cu By MKh~el SmykowHki County Mnna'lC'r'sOfflco orr<ce of M~nageJn''''t & Budget 511'1120073e06 PM Date AI1llroved Hy JiJnwsV, Mudd BOMdof COlmty Commis'"oners County M"n~gN COUllty Manager'sOffico ;;nU20074 07 PM fil"'I!('.\A""l1(hT"."t\I~'v",,,"rl\SrLl\I1,,,,.Ot,Ir\11 O;;,Ir\I(lr\'7\l(-' o;;.'l(\rY"I'I\.I,r.l\.ITO ,,(\Anr:l\l["lAI tIC.. "!I (-.nnn'7 // AGREEMENT FOR SALE AND PURCHASE A. "f genda Item No. 1684 May 22, 2007 Page 5 of 23 THIS AGREEMEN'] IS maele anel entereel Into by anel belween Nancy 'alack and Monsur Ahmad (hereinafter referred to as "Seile~'), and Coilier County Community Redevelopment Agency, a political subdivision of the State of Florida, (hereinafter referred to as "Purchase~'). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property located at 3979 Harvest Court, Naples, Florida 34112 (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such cond~ions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the ~arties hereinafter set forth and the sum of -r:; N Dollars ($ If) .00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and cond~ions hereinafter set forth, Seller shall seil to Purchaser and Purchaser shall purchase from Seiler .the Property, described in Exhib~ "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be One Hundred and Fourteen Thousand, Five Hundred Dollars ($114,500.00), U.S. Currency, payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before August 10, 2007, foilowing execution of this Agreement by the Purchaser. unless extended by mutual wrlllen agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection w~h the Closing shail be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable t~le shail be determined according to applicable title standards adop.ted by the Florida Bar and in accordance with law. At the Closing, the Seller shail cause to be delivered to the Purchaser the ~ems specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. Initial Buyer 1o"~1 Sol~' '1 ~ A L/ ~"- > Agenda Item I~o. 1684 May 22, 2007 Page 6 of 23 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the trtIe insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to v" the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifoes that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the T~le Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B T~1e Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the t~1e commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser andlor Seller, as the case may be, shall perform the following within the times stated, which shall be cond~ions precedent to the Closing; 4.011 W~hin twenty (20) days after the date hereof, Purchaser shall obtain as evidence of t~1e an AL TA Comm~ment for an Owner's Title Insurance Policy (ALTA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to t~1e other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the t~1e shall be deemed acceptable. Upon notification of Purchaser's objection to Initial Buyer In"'Sel~'~ ~CA....-..> 2 Agenda Item No. 1684 mle, Seller shall have thirty (30) days to remedy any defects in order to convey ~ay 227 2fg; good and marketable title, except for liens or monetary obligations which will age 0 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 atter expiration of said thirty (30) day period, may accept titJe as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhib~ "A", ff any. Seller agrees to fumish any existing surveys of the Property, ff any, to Purchaser w~hin thirty (30) days of execution of this Agreement. ~4 Seller agrees to convey all properties vacant and free of all tenant ~Ii< occupants on or before the day of closing. Buyer has the right to inspect all properties the day of closing to confirm said vacancies. Failure to convey properties by Seller as vacant will cause delay of closing. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, ~ shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller ~ Seller acknowledges that ff the agreed Purchase Price stated in Paragraph ~I' 2.01 exceeds the average of two (2) independent appraisals, ff obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed w~hout any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended pUfllOse. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of Initi8tBupr _ 'n""'_~ ~~ 3 Agenda Item No. 16G4 any investigation, Purchaser shall deliver to. Seller prior to the expiration of the ~~y :2, 2007 Inspeclion Period, wntten nolice of Its Intention to waive the applicable ag~ 8 of 23 contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, IT shall be deemed that the Purchaser is satisfied with the results of its in\lestigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing resulls commissioned by Purchaser with respect to the Property. 6.03 Purchaser and ITS agents, employees and selVants shall, at their own risk and expense, have the right to go upon the Property for the purpose of sUlVeying and conducting SITe analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, WIThin ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and condITions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in defaull, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent ~of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neITher party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the ""ent of Purchaser's default are uncertain in amount and difficull to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. InftlalBuyer_ _ Inm"SeIl.'~ ~ 4 Agenda Item No. 1684 May 22,2007 Page 9 of 23 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the followlng: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified COllies of such approvals shall be delivered to Purchaser andlor Seller, if necessary. 11.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fIXed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly Inlti8lBuyer_ _ lnllial~ CiS:lQ...o......J 5 Agenda Item No. 16G4 May 22 2007 into any body of water. Seller represents the Properly has not been used for Page 10 of 23 the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Properly, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (rt has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Properly at any time during or prior to Selle(s ownership thereof. Seller represents none of the Properly has been used as a sanitary landfill. 11.018 Seller has no knOwledge that the Properly and Selle(s operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums. improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Selle(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. 11021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Selle(s representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omrt to perform any act which would change the zoning or physical condrtion of the Properly or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condrtion of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the .Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. In!tlalBuyer_ _ 'nitiaISellBr~~~ 6 J\genda Item No. 1684 May 22, 2007 Page 11 of 23 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attomey'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 wrth, but not limrted to, the Comprehensive Environmental Response, Compensation, and Uability Act of 1 gaO, 42 V.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of trtle. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Selle~s sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to erther party hereunder shall be in writing, sent by registered, or certified mail, retum receipt requested, postage prepaid, addressed as follows: If to Purchaser: Collier County Redevelopment Agency Bayshore/Gateway Triangle clo David Jackson, Executive Director 2740 Bayshore Drive Naples, Florida 34112 With a copy to: Ma~orie Student-Stirting Assistant County Attorney Office of the County Attomey 2800 Horseshoe Drive Naples, Florida 34104 If to Seller: ;J A- ;J C-Y IJ, L/I-~ /2--Cf2-Cj ~hJ~ ,N~ ~~ 3tf/0S With a copy to .;t1 C,.J s u.tL M Mff' j) n 9'(;,5 /'1t:'J7h.-..k~PL ~ ::rL-, :s c;/oc; 12.02 The addressees and addresses for the purpose of this Article may be changed by erther party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Initial Buyer _ In"lalseller~ ~o.-. ~ , Agenda Item No. 16G4 May 22, 2007 Page 12 of 23 XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection wijh this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MiSCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in wrijing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom ij is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offe~' to purchase represented by this Agreement is subject to acceptance and approval by the CRA Board of Directors Commissioners of Collier County, Florida. 14.09 if the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disciosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 266, Florida Statutes.) Initial Buyer_ _ lf1itiaISelle~J2. ~c.......-" ~ ~ 8 Agenda Item No. 1684 May 22, 2007 Page 13 of 23 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by erther party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. XVI. 1031 EXCHANGE 16.01 The Seller intends to do a 1031 Exchange and buyer agrees to cooperate with seller regarding the exchange at no additional cost to buyer and no delay to the closing. Inil:ialBuyer_ _ ,"'~ISe~ CID'o.. _ 9 Agenda Item No. 1684 May 22, 2007 Page 14 of 23 IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BY: DONNA FIALA, Chairman , Deputy Clerk AS TO SELLER: DATED: If- If- UJfJ? ~'~ -AV ~ (Sign at L/j,-I1() )OU,c!qlJ (Printed Name) BY:~t:,~ Na yK. BI ck J1),k)! c- y J< is LA:CL (Printed Name) &~ (Signatur ) ^~w\d L, Ja L(C,...-vj (Printed Name) BY ~a:t^.-~ Monsur Ahruarl J Nrlr--.lc..ll~ AHMAj) (Printed Name) Approved as to form and legal sufficiency: ~ (1 J fI----' fA--- arjorie-Sludent-Stirling Assistant County Attorney ill Agenda Item No. 1684 May 22, 2007 Page 15 of 23 EXHIBIT "An LOT 67 AND THE SOUTH 11, OF LOT 68, LAKE KELLY, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE(S) 93, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA PROPERTY 1.0. 53352240002 11 PredomlnafltOccupaney Singl8 Family Price Range Single FamJlyAge I.. ~orrower _~Q!her County Board of Counlv Commissioners ?toPErt}'Address 3979 Harvest Court ~__ City _r-.J~ Count)' _90111er L~ OBscription Lake Kelly UQ.it2 Lol67 + S 1/2 Lot 68' PID #53352240002_ SalePriceS~_ Dalllo'5ale_~~ loallTerml'l~yrs-, Property Rights Appraised Z1Fee [Jleasehold LJOeMinimisPU Actual Rfial Estatft Taxes S 695.r06 (yr) loan ehar\les to be paid by seller $ Unkwn. Other sales concessions Unknown lender/Client _Board of CountvCql'!1missioners Address P.O. Box 413016, Napies FL34101 -------. Occupant Vacant sile , Appraiser _ James B.__Kerr Jr. __ Instructions to Appraiser Estimate Market Value, This aODratsalls intended for lhe use b the Collier Coun Board of Coun Commissioners for land ac uisilion r es and no other use or user s is aliowed. Location ~Urban ; Suburban __ Rural Good Avg, Fait Poor Built up ~ Over 75% I..,_..! 25% to 75% I J Under 25~ Employment Stability ~ ~ 0 [l Gro'Irth Rate r~ Fully Dev LJ Rapid , ~ StBady [ l Slow ConVtlnience to Employment U ~ 0 -----" Property ValLMS l-!Increaslng [3J Stable U Declining Convenience to Showing CI ><! CJ [j Demand/Supply _ Shortage Z In BaJance U Oversupply Convanlence to Schoells I: l,g] I J n MarkellngTime L, Unaer3Moli ':8l4-6Mos LlDver6Mos AOEquacy ot PublIC Transp(l(\a!ion i:8J U U Present Lan" Use ~ 1 Family _ 0% 2-4 family ~% Apts. ----.!Q% Condo~% Commercial Recreational Facilities I.J ~ 0 ~ _%lndustrlal-.J%Vacanl _~_,~- AdequacyuflJ1~illes r--I tXi =! 1--1 Change in Present Land Use ;>:;:No1Likely __,ukelyl.) I TakingPlace(-j PropertyCompatlbllfty I [:i.;J [I 0 (-)From__ To Protectionlrnm Oetrimental CondRions ~: ~ U_l lZ Owner L'"I Tenant 5 % Vacant Police and Fire PrDtllction 0 ~ i-I 0 $ 85.0.00.____ IDS 40.0.,000. PredominantVa"ue$..flo.OOO General Appearance ut Propet1ies 0 C?J n 0 .__ New yrs. to--2Q.'!:.... yrs Predominant Age 35 yrs Appeal to Marice! ~ ~ C LJ 3919 f{lieiXS/ C'f ~ LAND APPRAISAL REPORT ~' ~ o. 1684 ",. No 12285 ay 22. 2007 Census Tract 107 Jl~ Map Reference 14.50-25 16 of 23 State FL Zip Code 34'11::l:_ Comments Including those factors, favarabl8 or untavorab~, affecting markBtability (e.g, public pms, schools. vrew. noise): Lake Kerrv is a mobile home subdivision. LQ.c?ted 2 miles SE of downt~.n.l::!~_~and public bea9J1es and 1 mile S off of US 41_ AveraQeaccess to shoppinQ and supportin services There is no prevalence of_s<i1eS or financino concessioru>_in the area. Typical conve~tional financino is available at comoetitive rales. No adverse factors affectin mark tabilit noted Prices have been stable to dedinin over the ast ear. Dimensions J3J.1 x 98.35 6 009 Sq, Fl. or Acres I I Corner Lot Zoning classification MH~BMUD.::.R3 MobileHome.SFResid~~!!I_ Presentlmpro~ements ~ do I J donotconformtolOningfe!lulatlons Higl1estandbelituse ,X; Prmntusp. UOther~) ~___ Public OII1er (Oftscribe) ~ OFF SITE IMPROVEMENTS iopo Level [><J ___ Strep.t Access rsJ Public -"~ Private SIZlI Above averaae__ _ U I Surface Asphait ..__ I Shape RectanQular _ ~ __ ____ Malntenarn:e SJ Public 0 Private IView Canal ~ ______~: Storm Sewer ': CUrb/GutterJor~inage.6Qpe~J;adeqUate .~ Underground Elec!. & Tel. __1 J Sidewalk --1-.l1.~~LU2ht~ Ie theP.rty Ioellled in a HUO Idantlfild Special Flood Hmrd At"? Comments (favorable or untavorable il'lCiudln!l anv Iljlpinnt a~verse easements. encroachments or ether advefse ~ond1Ion~): No aooarent ~dverse easements, encroachments elc. nOled., T.h_e_ !;ubie<:t site is cleared Flood MaD #12021Co.582G /17 NOV 05/ Zone AE Ei~. ".. Water San. Sewer CNok8]Vee TlIe unaersig!'llld ha~ reeltea thrm! reeem s~e~ at projlerties most similil" ald frO~lmate to subjeclllld lias UIl\sldl\fed t!le~ in lI1e market ilOalYli5. The desarlptiOll ..cluOIls a drtar adjustment rr.~Rctlng marke1 reaction to !host iIllms Dr silJlill~1Il1 ~arialion between the subre~t and compwabje properbes If a significantllem .. lhe calfll~abIe projlert'( Is supe~OJ tu Dr mure favmable than jJe subjEct pruperty. a minus (.) adiuslmBm I~ made 'alus rlIduclng \he indiaatftd valUe of subject II a significant llem In the Cllmparable is inllffior to or less taycrable lhanthB subject property, aplus{+)adjustmenlismadethusincreasinglheindicatBdYalu~otthesubject, Address COMPARABLE NO, 1 40.37 Harvest Court Na les FL 34113, 2Iots,S!L-63 U-2 Lake Ken NIA 112000 2799 COMPARABLE NO, 2 4053 Harvest Court Na.les,F:'1o.;:l4113 3 lots SfL -62 U-2 Lake Kell 112000 27.99 COMPAR LENOJ 2986 Van Buren Avenue N.~les,fL 34113 2 bIK_N/Ls25&26 Kell Plaza 180000 22.33 ClienVcount CRIPT!ON County/OR 4057-3839 County/OR 4057-3837 DESGRIPTIOf,:L_ + '- SAd-us!. OE5C IPT\ON___..d. - 6.06 CD 6__06 CD Avera e AX_lR~._ 4o.01sf.lcanal 2500 4001sf./canal MH wlinterim use -0. MH w/interim use NIA N/A MLS/OR 3]79.3777 Must DESCRIPTION 4-0.6 CD Avera e 2500 L-25: 4 030sf fav -0- 1vact.&1MH.razed L-26: 4 o.3o.sfla 221iPo. -0- -900.00. NfA Avera e 6 009sf.! rt_canal _Cleared NfA Sales or Financing Concessions NfA Cashfequivalent CashleQUivaienl Cash/equivalent Net Ad" olal T 2500 t I 250.0 67,500 IndicatlldValue 01 Subject Nel:2..2.% 114.500. NIl 2.2.% 114500 112500 Cornmtnts on Markel Data. Cgn:lDS #1 & #2_are nearest the subiect and the most similar ov.erau, These sites_have older mobile homes of oor ualit & condition, Com 113 is the sale of two non-waler-frontsltes' lot 25!l'!9 a mobile home that has been razed. Como #2 h~s since been com letely remodeled aOOil is listed ff'r sale at $165.000. Camos #1 & #2 are aiven the most weight. Comments and CoJ1dllioos at Appraisal: S@ attl:!ch_~d Certification and LimitinQ Conditions_ No survey was_provided to the appraiser sales histo The sub-eet last sold with 101.65 and lot-66 for $120.0.00. on 3-10./20.05 No other sales of the subiect in the oast 36 1'!'l00.!h",. No s~les of the camps in the past 12 months_ Como #2 Is listed for $165,0.00 No known listings of the sub'ect or of com s #1 & #3. Final Reconciliabon The Direct Sale~Comoarison AQProach is theQ!!!i'.J!QPjic?;ple a roach in the valuation of a vacant residential site ~11.~~' ,James ~. Kerr. Jr A raim{s [Y2KI I Glrl.IB. OF 'UNECT PRD1'I!:Rn U OF March 29 2007 tooeS 114500 ''--- _ [J Did = Did No! PhysIcally Inspec1 Property ReviewA raiser Ifa licable IntegraReaItyResour~sSoUlhwestFlo!lda Form LND _ 'TOTAL tar Windows' awraf~al ~aftll.'are by a Ia mode, inc, - t.80(l...ALAMODE LAND APPRAISAL REPORT MARKET DATA ANALYSIS W~~I\t'!~Wf,o 1684 45ooo779,.)Vlay 22, 2007 Rle"" 122'5 Page 17 of 23 f-- ITEM SUBJECTPROPER7Y COMPARABLE NO. 4 COMPARABLE NO.5 COM_~A~ABLE NO. 6 Address 3979 Harvest Court 3252 lunar Street 4032 Fullmoon Court 4037 Fullmoon Court Naoles FL 34113 Naoles F=:L34113 Nanles. Fl 34113 Nanles, Fl34113 Pro~milvto Subiect .5 blk.NfL-9 Crews 2 blkW/l-7 U-2,Lake Kelly_ 2 blk,W/l.17 U-2 Lake Kell" ~e NIA I.. 110000 I 129900 .... I. 129 000 PticePerSIl.FI I .-- " 13.78 I. 28.16 , I. 26.77 ~Source Client/countv MLS/Acjtve listino MlS/Acitve listin!l MLS/Acitvelistino - D2Ie 01 sale and DESCRIPTION "E~ l'I-llAdi'. : DESCRIPTION _ ~Mi~st. DESCRIPTION 1::/-1""",, ~dJustment ~/_~ 9-06 LD-10% .11000 9-06LD-JO% _ -13000 2-07lD -10% -c- -13,QQQ oaban Aver'ilge Aver~;;::---- Aversae AveragE!: .- Sit~Niew 6 D09sflnartcanal 7980sf./canL- -7500 4.613sf./~_ +1000 4.818sf.llake : +500 Topoorallhv ~~-- Cleared - ~ Cleare,! -. Cleared Excess lot N/A _.~ 1-- - .- - f--- - f,---- -- -- - - Sales or Frnanclng N/A Active listing Active ItstinQ Activelisling ~e,lisions -- TT, x- ,+ IX'_ "" -n+ -x._ N."'i. "01' .\ 1!!,500 12.000 :t 12500 Indi~ated Value 1&1\ I. 1.2 \ !. ....t1S I. a1SubieGI Hot 9'500 Hot 117900 116500 Comments: Comos #4-~ are aclivelistinos nearby, A -10% adJustment for list vs_ Sale orice is considered aoolicable. Como #1 last sold ~06 for $75 000. but this oast sale could not be verified. Como #2 last sold 9 29 2005 for $127.000. II was re-listed on 9-27-2005 for ~~,~ The last onr:;e reduction was as noted abov8._C_Qf!lQ #3 last sold 7-13-2005 for $80,000. It was re-listed 9-22-2006 for $149.000_..IbL ~t price reductiOl')_~as as noted above,_ -- I-- ---.-- ---- - -".- . - e- -- - e--. -- --'- --.---- --,- f--- --.-.- ----, - -----~ .-- . --- .-- --- ---. -- -- - - - - - -- - .- - - -- - -. - -.- - - - -".- .- - - --- ---- - - -- .- - - - ----- - --- ~-- e- --- -- I--- -. - - -- - - ---- --- .- - .- -- - --- --- Integ'aRealtyAeSO'Jr~es SlI\lthwest Florida Form LND,{AC) _ 'TOTAL lor Windows' appraisal soMware by ala mode. inc. -1-80Q.ALAMODE .~t~ll~. 1684 May 22, 2007 Page 18 of 23 DEFINITION OF MARKET VALUE: The most prohable f/fice whicf1 a pmp8rty should bring in a competitive and open market under all c:omlllions requisite to a lair sale. 1M buyer and seller, each acting prudently, knowledgeably and assuming tile price Is rtot affected by uMue stlmu!us Implicit in this definition is the consummation of a sale as 01 a specified date and the passing o11iUe from s~~er to buyer umler conditions whe~by: (1) buyer artd seller are typically rootivated: (2) Ixrtt1 parties are well informed or wsH advised, and each aCling in whal he considers his own best imerest: (3) a reasonable \ime Is allowed tor e~posure in the open market: (4) pa~nl is made in terms of cash in (l.S. dollars (I( in terms 01 financial arrangements comparable 1hereto: and (5) ft1e price represents tile nonnal consideration lor the propffi'; sold unmtected by special or creative financing or sales cancessi\lns. granted by anyone aSSOCiated with theSl!Je. . Adjustments t\l the campa rabies mlJ~1 be made jar special or creative financing or sales concessions No adjustments are necessary tor those costs whi<:h are normally paid tJy sellers as a rBsutt ot tradrtion or law in a market arp..a: these costs are readily Identifiable since the seller pays these costs in virtually all sales transactions Special or creative financing adjustments can btt made 10 the cllmjIarabie pro~rty by comparisons to financinQ terms offered by a third party InslilUtional lender that Is not already involved In the property or transac1lon Any adjustment should not be calculated on a mechanical doliar tor dollar cost at the firnmcing or concession bllt the Ma: amount at any adjustment shollld approximate the market's reaclian to the linancing or concessions based on the appraiser'SjUdgemelTl STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification th:tt appears In the appraisal report Is subj6ct to the following conditions: 1. The appraiser will not be responsible tormilTters ot a legai nature that affect either the property being appI1l.ised ortha tttle III it. The appraiser assumes thai the title Is good and marketable lI11d. therefore, wlU not remjer any opinions about tile ttflp,. The properly Is ~ppraised on the basis ot il bt'Ilng under responsible Dwnershlll 2, The appraiser has provided a sketch in lhe appraisal report to show approximate dimensions of the improvements and the sketch Is Included only to assiSI the read~r ot the report in vlsuaiillng the property and understanding the appraiser's netermlnation of rts sile 3. The apprniser has examined the available tlood maps that are proVided by the Ftderal Emergency ManaQemenl Agency (or other data sources) and has noted in the appraisal report wtlelher the subject site Is localed in an Idenlilied Spec!a. Flood Hazard Area Because the appraiser is not a surveyor. he or she makes nogllarantees.expressorlmplied.regardlflgthisCJetermlnatlon 4, The appraiser will no1 gIVe testimony or ap~ar in court because he or she made an appraisal af the property in question. unless specnlc llfrangements to do so have tleen made beforehand S. The appraiser has estimated the value at the land in tlte cost approach at ils highest and best use aM the improvements at their contrlbultJry value These separate valuations 01 the land and improvements must not be used in coniunclion wilt! any other appraisal and are invalid it they are so used 6 The apprai,er has noted Ifl the appraisal report any adverse condllklns (such as, fleedtld repairs. depreciation. the presence of halJlrdous wastes. toxic substances, fltC,) observed during lhe inspection of the sulljec! property or that he or she became aware of during tile normal research Illv()lved in performing the appraisal Unless otherwise stated In the ~pprilisal report, the appraiser has no knowledge 01 any hidden or unapparent conditions of thll propp,r1y (It adverse envlromnenl<ll conditions (inciuding the presern:e of halllrdous wastes. tuxic substances. etc.) that would make the property more Of less nluallle, and has as,umed that there are no such conditions atHJ makes no guarantees or warranties, express or implied, I'l!galdirtg the condition 01 the property. The appraiser wili not be responsible tor any .uch conditions that do exist or for any enQineeting or testing that might be required to discover whether SIJch conditions e>:ist. Because the appraiser is nol an expert in the field of environmental hazards, the appraisal report must not be considered as an enl/ironmenlalassessmentollheproperty 7 The appraiser obtained the irrformation esllmales. and opinIons that were expressed In the appI'aisal report from sources that he or she consldflfS to be reliable and believes them to be true and correct The appraiser does not assume responsibility lor the acclJracy 01 such ~ems thaI were furnished by olher parties B. The appraiser will not disclose the co~n1s 01 the appraisal fl!port except as provided for in the Uniform Standards of Pratessional Applaisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appralsai that is subject to satisfactory completion. repair:;, or alterations on the assump1ion thai !:Ompietion 01 thll improvements wiil be performed in a workmanlike manner 10 The appralsel must provide his or her pnor written con!';ent llP,jore the lender/cllenl Spetrlied in the appraisal report can distribute the appraisal report (including conclUSIOns aboot tile property value, the appraisers identity and professional desl!}llaticns. and references to any prolesslonal appraisal organizations or the firm with which the appralser is associaled) to anyone ot11er than the borrower: the mortgagee or ~s successor, ~nd assign,: the mortgage Insurer; consultln1s; prolessional appraisal organizations. any stale or iederally approved financial in~titution; or any departmelTl, agency, or instrumentaJity mlhe lJnited Slates or any slate or thp. District 01 Columbia; m:llpt that the lender/client may distribute the property descrip1ion secbon ot the report only to data collection Ill" reponing serviCe(:i) wllhout ~a'l\ng to obtain the appraiser"s prior wrtllen consent. The appraiser's written consent and ap\lrova\ must also be obtained belOle the appraisal can be conveyed by anyone to the publ!C through advertising. publiC retations, news, sales, Of other media Pagelol2 Fannie Mae Form 1004B 6.93 Freddie Mac form 4396.93 InregraAealtyResollrcesSouthwe5tFlorlda Form ACR - 'TOTAL to! Windows' appraisal softWare by a la mode. inc, -1.800.AlAMODE ~~~~s~o. 1684 May 22, 2007 Page 19 of 23 APPRAISER'S CERTIFICATION: The Appraiser cenHies and agrl!l!s that: 1. I halM res!3rched 1M sutJject market area ana have ~elel:l!ld a minimum of three recerrt sales 01 properties most similar and proximate to the sub;ect propl!f1y for consideration in the sale& comparison analysis arnl have mad~ a dollar adluslmerrt when appropriat~ to reflecl tht market reac~OIl to lhose ~ems 01 significant vananen. II a si~n~icant Item in a comparable properly IS superior!o Dr more favorable than, the subject property, I have made a IleQative adJusllT1llll! to reduce the adjusted salss pnce, of the comparable and, if a slgnllicant Hem in a cumparable property is inler10r to, or less favorable than the subject property, I nave made a posmve adjustmenl 10 Increase the adjllstad saJes price aI the comparable 2. I have taken illto consideration the 'actors that have an impact on value in my development of the estimate of market valu in the appraisal relXlrt I have not knOWingly withheld any sign~icilrrt in/ormabon from the appraisal report and I believe, to the tlest of my knoWledge, that aU statements and in'orma~or1 in the appraisal repotl are true andcorrecl 3. I stated in the appraisal report only my own personal unbiasoo, and prolessional analysis, opinions, and conclusions, Wf'l!ch are subject only 10 Ill! contingent and limiting condrtlons specified in this iorm 4. I have no present or prospective interest in !he property that is the subject to this repOft. and I have no present or pfOSl'8ttive personal interest or bias wiltl respect tl} the fliIrtlcipants In the lransactron. I did not base. either partially or complet&ly. my analysis afldlOf the esUmale of marUl value in tM appraisal report on the race, color, religjl}n. sel(, handicap, familial status, or natiORalongin 01 ertherthe prospective own~ or occupants oflhe subject proptlrtyor of the present owners or accuparns ollhe properties in the vicinity 01 the subject property 5. I have no preSMl or contemplated future intMest In the SUbJllct property. and neither my current or future employment nor my compensation for performing this appraisal is contingent on the iljJpralsedvalue otlhe property 6. I was not required 10 report a predetermined value or direction in value !hat favors the ca~se aI the cliflnt or any related party, the amllunl olllle vaiue estimate, ltle artalnment of a spec~ic result, llr the DCCUrrertee aI a subsequent event In order to retei\/(! my compensation and/or ~Ioymenl for pertorming the appraisal, I did not base 1m appraisal report on a requested minimum vaJuil!ion, a specKic valualiOfl, IX the need to approve a specillC mortgage loan 7, I pertormed thIs appraisal in conformity wilt1lt1e Unilorm Standards 01 ProtessloMI AfJIlralsal Practice that were adopted and promulgated by the Appraisal Standards Board alThe ApPfillSal Foundation and !hal WfIre In place as ollheeftective date ofttlls appraisal, with Itleexceptlon of the departure pn;lvision oflhose Slandards, which does not apPly, I acknowlftd[IB that an estimate 01 a re~sonable time lor exposure In the open mariet Is a condition In the dettnltloo 01 market value and lhe estimate i developed is consistent with the mark.eting time noted in the nelghb(lrho(ld section of this report. unless I have otherwise state{! In the reconciliilllonsection 8, I have personally inspected the Irrterior and exterior areas of lhe subject property and~emriorolallpropertjeslls1edascomparableslntheapJlfllisalreport I further certity that I have noted any apparent or known adverne conditions in the subject improvements, on tile sub,ecl s~, or on any site wtthin the immediate vicinity of lIle 5ubjecl property of which I am aware and have made adlUS1menlS for these adverse conditions in my analysis at the property value to the extent that I had mariet et'idence to support them I have also commented about the eftect of the adverse conrff1ions on the marketability otthe soo/l!cl property g, I personally prepared all conclUSIOns and opinions aboutltle real estate that were set folth In the appf<iisal report. III relied on signllicant pratessional assistance trom any Individual or Indlvlrfuals in the perfDrmance at the appraisal or 1he prepariltlon of the appraisal report I have named such individual(s) and disclosed lI1e specKle tasks performed by them in lI1e reconciliation section of ttlis appraisal report, I c~rttfy thai any individual so named is Clualffied to petform the tas'Ks , h,m not authorized anyone to make a change to any ~em in the report; tllerelore, II an unaulhOfized chan!!e is made to "'e ijlpraisal report. I will take noresponSibililyforil SUPERVISORY APPRAISERoS CERTIFICATION: ~ a supel'\'lsory appraL~er si!!ned the apprarsal report, he Of she certdles and agrees that: I directly supervise the appraiser who prepared lhe appraisal report, have reviewed the appraisal report, agree wnh the sta1emenls and cOTlclusions 01 the appraiser, agree to be bound by the appraiser's certfficatiOl1s numbered 4 through I above,~ndamtald~lullresponslbilityjortheappralsalandtheapprajsaJreport. ADDRESS OF PROPERTY APPRAISED: _3979 Harvest Court Naol~, FL 341~ APPRAISER: ~~:~~ 1J. kkjl' ~ Date Signed: ~rch 29, 2007 Stale CertifiCil~on II: ~t.Gert.Res,REA #0000820 or Stile License # State:~__ ____ EXJ)lration Dale oj Certrtlcalion or License: ~1JL~Q!?008_ SUPERVISORY APPRAISER (only If requlrodl: Signature Name: Date Signed' SlaleCertificahonfJ' orS1a1e License #: Stale' Expiration Date of Cftrti11cation Ilf License: Did Did Not InspectPropeny FrllddieMac Form 439 &-93 Page2012 Form ACR - 'TOTAL tor WindoWl>" appraisal sollware by a la mode inc. - 1-SQO-ALAMODE fannie Mae Form 1004B 6-93 ~i>;~~!<IH~b 1684 May 22. 2007 Page 20 of 23 The Scope of the Appraisal -nl<> 51;01X' of lht, arrrai~l i~ \I) "de~L:rillC: the C;l;lent of lh~' process uf I,;ol!ccllm" conl1mling and reponing data" flIT lht' appraisal n:pon. Inlllis regard. the suoJetl pmpt'ny wa~ p~]ysKally mSpdlC'd and the phulo~rarh.~ were 1;IKrn (urrent market sales J\:I\'lill)' is anaJ)'l.ed unless neccssH<\tt'd toy market cnnultion.\, sales lTlmsactions rangin~ In'm nnt' to SI:\ munths (SIX to twenly-four nlo.lnths when the quantity amlqualilY of the dala IS lImlted\. located wiLlJ10 one mile of the SUhJt'Cl pruperlylollc 10 [wenly miles wnen the qUanl1n' and quality of !.he data ;s limited) and C<lnsiJcn:J the most similar ct1mparables available are compiled frum and collfirmed with tht' local multiple I[SIIIlS service the wunly pmpeny aprralser~ office, the Marshall & Swifl ellSt guide~ and/or locallll.llldmg elln1ral.:tor~. and/or lhl: huyensl and/or seller(s) of properties. AltL'1 assl:tllulillg and :l.lIalvllng the: data defined in thIS scope of lhe appr..is..1. a finaleSllmate of market value is made hy rt't:onCllml< tin; appliGlhk approaches 11.:OSI. income and/or market) 10 value Per the "'hem. the Im:1 lhal tIn:: pnlpl.'n)' being appraised is to he: al.:qlllred rOt a roadway l.:xten.~iotl and the impact on mari.:t't valu(" thallhi~ auiun may have is to be ignored. Tht' prof)t'ny l~ to he appralSt'd a~ if no rending arquisltjnn is Imminent The Purpose. ."unction. Intended llsc and Intended User(s) of the Apprai."31 The purpose M this appraisal 1S to eSlima{!' 1.1It' market valu1' nf the suhject properly as dcfmed Il.'jthin this reporl Ihe function <)1' tJli~ appraIsal is t(1 aSS1.st the client In the <<<.:quisilion of n:sidenllal real eSl31e for futurc- I.:ommunit\' development prr>Je~'r.s The Inlended Ul>e (It lhi~ ~ppr..is~1 j~ 10 aS~lst lhe dient in !he llcquisiHll/l uf residenlial real estale for fUlure cnmmunil\' deveh,pllJt:l11 prujects. Tht" intended u'ic'r{s) 01 11m appr.uw IS the Collier Coullly Buard of Counl)' Commlssloners ;md its a.~signs. Anv olher usels1 or userhl is prnhihllcd. Highest and Best Use As defined m "The Diclionary of Real Estllle Appraisal~, highest and hes! use is Tile reasol14lble and prohablt:' use that supports the highe~l present value of vacam land or lmproved proper!)', as definCl!, a~ of Ihl: date of the appraisal. :! '1l1C rcasonahk prohablc and legal use of land or sltef> as though vaCant, found to he physically rossihle, appropriately supported, financially fcasihk, and thai results in the highest present laud value 3 The most profitahle use "Implied in these defmitions IS thatlhe delt:nninalion of highest and hest use lakes into accnunt the contrihutlon 01 it spt'cifii.: use 10 the cmnmunilY .and l,:omrnunllY de-veloptne'nt goals a~ well as fhr bt'll~.rlt:; llf thill ust' to individual pwpeny owners. Hcnl~C, in l.:t."rtam situations the highest and best U~ a/land may ht' lor parks. greenbelt,. prescrva!1on, CllTl$erva[1lln, wildlitc habi(ar~ and lilt' Iike.~ An :tnal~'~is of the highcsl and beat use of a property is the most Important part of the appraisal process hccause it IS 10 lerms of highest anti best use [hat market value is estimnlcd. The study and selection of hi/!-hcllt and besl use 15 based on available data abllut whal U!'.t'll art' le~al. possible, appropriate and le<!sihle fnr the site IJofh as vacant and as improved Conditions of Appraisal I certify that. 111i~ report has hct."n prepared In conformity ",,"h lh.e requlreml'nt~ 01 the Uniform Standards of Professional Appr:-l1Sal Practice as required hy !he Fmanelallmotulillnll Rdorm, Recovery and Enforcrmem Act of 198Y (F1RREA) James B Kerr,.1r Sl. Cer! Res. REA #{XXJOM20 Form SeA - 'TOTAL lor WindowS" appraisal software by a la mode, inc, -l-BQQ.Il.LAMOOE Subject Photo Page IF:r.NI\Jll(l,j~'ii . 84 r-,':j I. u ,;;,; hO. 16 May 22. 2007 e 21 of 23 _BorrowerlClirot Collier .C9untV Board af Couflfy Corry~~ioners ProoertvAddress 397gHarvest~~ _ __ ~~~ _Countv Colhe~ Lender Board of Counlv Commissioners ~~---- - -- --~- -- ~ FL_ ~ ZioCode 34112 _ Subject Front 3979 Harvest Court Sales Price NfA Gross lJvlng Area Total Rooms Total 8edroom~ TotalB~hrocm., location View Srte Qualtty Ag, Average 6,009sfJpart_canal Subject Rear Subject Street Form PICPIXSR - "TOTAL f()r Wir'ldOI'lS" apPr.lisal sottviare hy a I~ mDCIe, inc. -1-800-ALAMODE Location Map Btlrrower/Clienl Collier County Board of County Comf!]i.ssioners _ Pro e Add~ss3979 Harvest Court _ Ci\y Naples .J;Q~ Go~ _~_~~e l:1.--.... lender Board of Coun Commissioners ""'-- '" ..1IIIIIl ~~~- '10 . ,,~ ','. ~- '! ,. ~'~,--,;... ,,:0 _~r~rprJl l" -"", . .~ .., . iP .-6:..a:, ~ ,Ii'! ,~ ..~ of . ! 11 ".. o ~ 'l! ! ~ / / _,->1'r,' ~J'f'on_ frIJ')If,.:s"i;iiy ;S-,- - ~ ..<> ~ +~.... ~ . 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I ~ :!I.~" !! ~]2i i i ~~ is ~I~! r & ~ fl-l ~~ ~ if~lJ!~j ..~ - ... l! ~ ~ !t""s..j!"=".s- 1,-i_J!IJ! lriiiltli!!!t 011(0 ~!.~!-i.!lrJ!~~-!~ jlf~llff!illii{lff!lltlf ~i~~~~~2~;:~:~~~!i~~I~ ~N M~ ~ o~_. , , . , , , , , , J Date: Item # Agenda Item No. 16G5 May 22, 2007 Page 1 of 24 ~, EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3032Van Buren Avenue. OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the purchase ofa residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3032 Van Buren Avenue. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to acquire property. Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase of property. ~ BCC RESOLUTION No. 2000-82 madc a 'finding that a blighted area exists' in the Bayshore Gateway Triangle area and that 'conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare....' BCC RESOLUTION No. 2000-181 adopted a community redevelopment plan to correct deficiencies. The applicable Redevelopment Master Plan sections cite: 1. Neighborhood Focus Program o Acquisition of vacant and dilapidated sites (page IX-6) o Demolish dilapidated and unsound buildings (page IV-20) 2. Bayshore Neighborhood Focus Initiative (NFr): o Bayshore Drive consists of several residential streets and loops extending from both sides of Bayshore Drive. As a neighborhood it is defined by and will take its character from the improvements planned for Bayshore Drive. The potential catalytic effect of the Bayshore Drive Landscape program should be supplemented by NFl activities as presented on Illustration IX-14 (Exhibit A): . Site acquisition and infill housing (Illustration IX-14) . New multifamily housing (Illustration IX-14) . New single family housing (Illustration IX-14) - I Date: Item # Agenda Item No. 16G5 May 22, 2007 Page 2 of 24 CONSIDERATIONS: As cited in the Bayshore Gateway Triangle Master Plan, there is a provision for the creation of CRA programs to remove substandard or blighted homes or acquire vacant lots and facilitate the construction of new housing that meets Collier County codes. Working with the Local CRA Advisory Board, CRA staff identilied stressed locations that had high crime rates or multiple Code Enforcement problems and blighted neighborhoods where substandard or aged housing existed. Following the example of otl1er CRAs throughout the state of Florida, a local program was developed for an older Bayshore Drive neighborhood zoned mobile home. The Neighborhood Focus Initiative program objectives are: 1. To acquire mobile home lots (with or without trailers) from willing sellers, 2. Demolish existing structures, 3. Prepare the site for new construction, 4. Advertise to the private sector a Request for Proposals (RFP) for each lot, 5. Provide selected floor plans that meet the Bayshore Overlay Design Guidelines, 6. Select qualified builders to construct new housing that meets code, 7. Offer builder incentives, if necessary, 8. Market new housing at workforce or gap priced housing, 9. Require new housing to be deed restricted as owner-occupied housing. CRA had discussions with Mr. Monsur Ahmad and Ms. Nancy Black pertaining to properties they own within the Bayshore area and their desire to sell said properties to the CRA. The CRA commissioned an independent appraiser to appraise the mobile home sites (located in a blighted area the CRA has been focusing on for residential-infill) to determine the value of the sites they wanted to sell. On April 4, 2007, Mr. Monsur Ahmad and Ms. Nancy Black offered to sell the CRA a mobile home lot and trailer located at 3032 Van Buren Avenue, for $90,000.00, which is $5,000.00 less than an independent appraisal obtained by the CRA dated March 29, 2007 which values the site at $95,000.00. This offer was accepted by the Executive Director, contingent upon CRA Board approval, and presented to the Bayshore Gateway Triangle CRA Local Advisory Board. The Local Advisory Board unanimously accepted the proposal to purchase and recommended to the CRA Board to authorize the purchase of subject propeliy as part of the Neighborhood Focus Initiative. It is in the best interest of Collier County, and in particular of the residents of the Bayshore area, for the CRA to acquire this propeliy, construct new housing and resell the residence as work force/gap housing. Presently the Land Development Code allows an owner of a mobile home zoned lot to install a replacement mobile home unit. Replacing mobile homes with new construction assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan's Neighborhood Initiative, increases the residents' quality of life and constructs a higher quality home within the Coastal High Hazard Area (CHHA). 2 Date: Item # Therefore, the CRA Local Advisory Board recommends the CRA Board approve the purchase of the subject property with CRA Wachovia Bank Line of Credit funds (to be repaid with CRA Tax Incremental Finance (TIF) revenues) as part of a residential intill project removing mobile homes and replacing them with a foundation home built to CUlTent building codes and resold as an owner-occupied workforce/gap housing unit. Agenda Item No. 1685 May 22, 2007 Page 3 of 24 FISCAL IMPACT: Funds in the amount of $90,000 plus cost and expenses to complete the sale of subject property (title insurance, attomey's fee, closing services and recording fees) are available in the Bayshore Gateway Triangle CRA Wachovia Line of Credit. A budget amendment is needed to recognize the draw on the CRA line of credit and expenditure for the purchase of subject property. Source of all funds are Fund 187 tax incremental finance revenues. Wachovia $7M Line Of Credit Summary Purchase Seller Date Address Amount $7,000,000.00 17 acres Ellet Auq 6, 2006 None-Bavshore Drive -4,553,000.00 MH Lot-Trailer Odierna Mav 3, 2007 None-Van Buren Ave -90.000.00 MH Lot-Trailer Stubli April 16, 2007 3148 Van Buren Ave -90.000.00 MH Lot-Vacant Owens Mav 15, 2007 4048 Full Moon Ct -90,000.00 MH Lot-Vacant Uzupes May 15, 2007 3252 Lunar St. -90.000.00 SUB TOTAL + $2,087,000.00 MH Lot-Vacant Mansur/Black 3979 Harvest Court -114,500.00 MH Lot-Vacant Mansur/Black 3991 Harvest Court -110,250.00 MH Lot-Vacant Mansur/Black 4005 Harvest Court -110,250.00 MH Lot-Trailer Mansur/Slack 3032 Van Buren Ave -90,000.00 TOTAL + $1,662,000.00 GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA. This property is a part of a targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore Gateway Triangle Redevelopment Plan as documented in Exhibit A. RECOMMENDA nON: That the Collier County Community Redevelopment Agency: 1. Approve the attached Purchase Agreement; 2. Authorize the CRA Chairman to execute same on behalf ofthe Board; 3. Authorize the CRA Chairman to make payment of all costs and expenses necessary to close the transaction from the CRA Wachovia Line of Credit; 4. Accept the conveyance of the propeliy via WalTanty Deed and authorize the Executive Director or Assistant County Attorney to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared by: Jean Jourdan on Aplil 10,2007 Project Manager, Bayshore Gateway Triangle Community Redevelopment Agency 3 Item Number: Item Summary: Meeting Date: Page J of J Agenda Item No. 16G5 May 22, 2007 PagH 4 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G5 Recommendation for the Community Redevelopment Agertcy to approve the purchase oj a residential (mobile home) lot and trailer in the Bayshore area of U,e eRA as par! of a eRA residen\iallnfill project: to approve payr'1enl trom and authorize the eRA Chairman to fl1al<:e a draw lronl the Baystlcre Gateway Triangle CRt, VVachavia Bank Lille 01 Credit in the amount oj ~90,OOCi pillS cost and expenses to completE< Hle sale ot subject property; and approve allY and all necessary budget amendments Site acldress :,032 Van Buren AVf,nLJe 5/22/20070 OO,OQ ,A.M Project Manager Date Prepared By Jean Jourdan Community Fledevelopmenl Agency Bayshor{,-GateWllY Redelletopmrml 51312007 Z:>7:43PM Project Manager D'~ Approved By JellnJourdan Community Redevelopment Agency Bllyshoro-Gllteway Redevf!lopment 5/312007.2:25 PM David Jackson Ex""cutiveDireclor Date Approved By Community Redevelopment Agency 8ayshore-Gateway Redevelopment 5/9/20D7.2:0.1PM AdmlnislraliveAssistant DlIte Approved By OMBCoordinlltor County Manager's Offiee Office or Management & Budget 5/9120073:30 PM Marklsaekson Budget Anaiyst Date Approved By County Manager's Office Office of Management & Budget 5111120071U;6AM Approved By MichaeiSmykowski County Manager's Office Managornent& Budget Director Dllte Office of Management & Budget 511112D071:04PM County Manager Date Approved By James V Mudd Board of County Commis!>lont>rs County Manager's Office 5!11/2007 "3:20 PM tile:IIC:\AgendaT est\Export\83- May%2022, %202007\] 6. %20CONSENT%20AGENDA \ 16.. 51] 612007 ~, AGREEMENT FOR SALE AND PURCHASE Agenda Item No. 1685 May 22, 2007 Page 5 of 24 THIS AGREEMENT is made and entered into by and between NancY('Black and Monsur Ahmad (hereinafter referred to as "Seller"), and Collier County Com~u",ty Redevelopment Agency, a political subdivision of the State of Flonda, (here.nilfter referred to as "Pu/,,"aseq. . WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property located at 3032 Van Buren Avenue, Naples, Florida 34112 (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of r.E .IV Dollars ($ J n .00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Ninety Thousand Dollars ($90,000), U.S. Currency payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before August 10, 2007, following execution of this Agreement by the Purchaser. unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attomey's Offoce, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketabie tifle shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. tnitialBuyer InitiatSeller~ Cfflll. - 1 Agenda Item No. 1685 May 22, 2007 Page 6 of 24 3.0113 A "Gap,' Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Fonn, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to / the Purchase Price. No funds shall be disbursed to Seller until the nle Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owne(s title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of Its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any Instruments necessary to clear Selle(s title to the Property. The cost of the Owne(s Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current yea(s tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser andlor Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within twenty (20) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owne(s Title Insurance Policy (ALTA Form B-197O) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such Objections in Selle(s title in the manner herein required by this Agreement, tile title shall be deemed acceptable. Upon notification of Purchase(s objection to InitiarBuyer Inill8ISe11er~~ 2 Agenda Item No. 16G5 title, Seller shall have thirty (30) days to remedy any defects in order to convey May 22, 2007 good and marketable title, except for liens or monetary obligations which will Page 7 of 24 be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such mle good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the @e commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current sUlVey of the Property prepared by a sUlV8yor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing sUlVeys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. fll'I4 Seller agrees to convey all properties vacant and free of all tenant occupants on or before the day of closing. Buyer has the right to inspect all V properties the day of closing to confirm said vacancies. Failure to convey "fA properties by Seller as vacant will cause delay of closing. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. ~ Seller acknowledges that if the agreed Purchase Price stated in Paragraph ./ 2.01 exceeds the average of two (2) independent appraisals, if obtained, the ;J~ Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utiiized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of lnlllalBuyer_ _ InllialSeller# ~ 3 Agenda Item No. 16G5 any investigation, Purchaser shall deliver to Seller prior to the expiration of the May 22, 2007 Inspection Period, written notice of its intention to waive the applicable Page 8 of 24 contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and selVants shall, at their own risk and expense, have the right to go upon the Property for the purpose of sUlVeying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property . VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspectlhe Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default. then as Selle~s sole remedy, Seller shall have the right to tenninate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon ~ percent (1 %j of the purchase price shall be paid to Seller as liquidated damages which shall be Selle~s sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Selle~s actual damages in the event of Purchase~s default are uncertain in amount and difficull to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. InltlalBuyef_ _ I"..,....'~ ( ~YlC'~ 4 Agenda Item No. 16G5 May 22, 2007 Page 9 of 24 10.03 Should any Irtigation or other action be commenced between the parties conceming the Property or this Agreement, the party prevailing in such litigation other action shall be entitled, in addrtion to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contempiated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights wrth 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. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a publiC sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly lniliQIBvyer_ _ IO~lIISolle~~ 5 Agenda Item No. 16G5 May 22, 2007 into any body of water. Seller represents the Property has not been used for Page 10 of 24 the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any govemmental 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 wtth the Property in order to comply with any laws, ordinances, codes or regulation with which Selier has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Properly, and there are no maintenance, construction, advertising, management, leasing, employment, selVice or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the govemmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any govemmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statemenf') reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. InitilillBuyer_ _ lnitialSeMe~ ~CA_ 6 Agenda Item No. 16G5 May 22, 2007 Page 11 of 24 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pOllution or protection of the environment which shall be in accordance with, but not iimited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), inCluding any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall sUlVive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Collier County Redevelopment Agency Bayshore/Gateway Triangle c/o David Jackson, Executive Director 2740 Bayshore Drive Naples, Florida 34112 With a copy to: Maljorie Student-Stirling Assistant County Attorney Office of the County Attorney 2800 Horseshoe Drive Naples, Florida 34104 If to Seller: ;...J1f;Jc...Y /292-1 ;Jf}-hG5 f5 LAcK.- fJ,j..y;J W,JOj) PLotAlJlt !Jft'/ '3 tf (OS With a copy to: ;vi p".Js u.iL ftffl1ftl) 9~~ )-100/JLAL~ Pt?.. ;J1't/L~S~ ;::::1.-, .] 11()tf-~t()tJ. 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. lnitialBuyer~ _ InitialSe~....& ~c....._ 7 Agenda Item No. 16G5 May 22, 2007 Page 12 of 24 XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibiiity of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding' upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof uniess such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offe~' to purchase represented by this Agreement is subject to acceptance and approval by the CRA Board of Directors Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, aCCOrding to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the proviSions of Chapter 286, Florida Statutes.) InltlafBuyer~ _ InitiatSe\lfl~ ~c..... __ 8 Agenda Item No. 16G5 May 22, 2007 Page 13 of 24 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. XVI. 1031 EXCHANGE 16.01 The Seller intends to do a 1031 Exchange and buyer agrees to cooperate with seller regarding the exchange at no additional cost to buyer and no delay to the closing. Initial Buyer_ _ 1";I.'S.'Ie~ ~ 9 Agenda Item No. 16G5 May 22, 2007 Page 14 of 24 IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjectlAcquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BY: DONNA FIALA, Chairman , Deputy Clerk AS TO SELLER: DATED t/-.!J-J..CJV 7 BY:~~ Nan K. B ck (Printed Name) iiIW-' (Signature) /)~ L, Qc.M"'Y\. (Printed Name) BY: ~~ h~.o Monsur Ah~ tYJ()I'IQ( 112.... AI4MP0 (Printed Name) Approved as to form and legal sufficiency: riak!r t r ,c. f.- arjorie Student-Stirling '" Assistant County Attorney J;iO Agenda Item No. 16G5 May 22, 2007 Page 15 of 24 EXHIBIT "A" Lot 20, KELLY PlAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE(S) 95., OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. 52700760009 Seller agrees to convey 'Certificate of nle" state of Florida for the mobile home which is on this parcel as described in the attached contract and Exhibit "A" at the agreed time of ciosing as slated in paragraph 3.01 of this contract. Seller also agrees that the mobile home on this parcel is being sold "AS IS" and that it will be delivered at closing "Broom Clean". 11 :,ltr.grir R~ij:IWR!!;;uu~es Sjl.ltt',Wll,3t Fiuoct<l "Agendc!tltt~~;'~21 Complete Appralsel--Summll'Y Appraisal Report--See Scope Addendum 10. Use & Dur 4<od~:f}2 2007 ,~ ,cr r UNIFORM RESIDENTIAL APPRAISAlREPDRT FiloNo. 1~2fi'ge 16 of 24 ~lDrimLMrrr.es.~ , ,3p32:Van'e"iJren-~VAnue_ _C~ Naples __ ;;t,l!f. FL _2CoqP. 3411g_~_~ J."ll@i]:!5C[!;;:tQr, !<ellv?lazUQI20 _CulJ~9111e~_ _ _. A~~'1f;"l]r 5 i>2r~~1 l.jo,. 5,~70CJ76Q9()9 __,_ _, Tii.w.,'i"ear ~Q()6_.i1_f, TaJ.~~ $ 750.44 _" d~~pedaJ_~.:iF1eill:~.ul.!lknowl1 3(J~:)'I!i;lr C:Airer COlliit 'G~mrnissi(;nerS Cr.ji'le.'!1 CiWf1!f Ahm;;m &. S;8cK Clc:un;;'l'lt- -- ::;w!'1~r ~'<, Iflnam I vaCi>r;-- P":mf1:Hi~+,h t'D r3,~~(t :~f Sim ~ '~'.!i:h~I1=,ld P":J'FC:tT','~f! PUO ,::,~r,t.fJm(f1:j"'" ,:-lUD,-VIi onJr- :ie'A NiA'l'Ao ~~~iJm~':,)d Dr ?mj~ct r~i.irn~ c.ast ~;pl,e.:_S_" \bc tl~t~IHlrf,_14-5Q~25~,_ _--2:.::ni''.J~ T(2;~: :107.J!L Sa\:!?rI'~f'.. SNiP.. ..2If ~,~ S;w~ N/A ~b~'Jpt'Jr _3.1,j ~',?'m:'.lrtc-~ Ili~'ct'l"r'Jf;::"r.;~mil-cS: ,': tJ~~lp.b'''Si;,,,J N,~ 3o.3n~ ,:;If Counl~' CDrf'lmiss'onefS _ H,:dreS5 P.2,O, Sa,x 41,3;:1",6, ,Napi8s, P,L 3~ 10': JafTB':; B. 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L:l.ke Ke!li'IL.K,j, 6~06. S1i2,OOq. 4.DOCsf $28,/::.(. cn.....:fJI. ff,?_n:; L.9, Crews. ~~I'~.,~}5,')OC:: 10.500~f, $7.js~, e-2lf1;:1: .(ien:; i...S~25&2r:L ;':,ell}' Pla.7a.,.1~'J6. $-:8-0,00G, 'B,OO::s-f. S.2,;(~~J,'sf. .~',"~'~qc. 2' :.ot5. 1 ~,1'iraZ~rL-=--' ~- S:,te P~-e:Q fI1r2.G:)G}. dri'.re~s.lrje.~'.3h"L?GOOL IS<;:J&JenceI20001. g&\1(90DO'::. S."::;CClO _ = $ 72,:JJG 672_ S'~ F: :S' S. S:::'r'::i:'S '3,1~~'~'C.ill]l(]~ __ iru, ~s!I'7':JT::- C:J51 N~'''I s~ r1 '.':";) :Jj~~~3J D.:'llreciaton _ 57.7f,oi ""-t. D~llr~c-;~j~d '''.\h,lf vt Ir,1pic~~mfrt5 ""~ ~A5-:i' VdJp. Df Si:1:' l:nfl."~'\'=:m'~lt~ =$ lNOICATED VALUE 3YCOSr APPROACH S _---.!.:..,.w ._---L SI!~I~cr. _ COr;{PM';'E_E.l.G 1 10-32 V.3n BiJf'E'-f) A\lenun 3-'145 V::m B-;;rs:" ,!I.venue !ddrl'os'.i \;li'lQ!es. !='L-341~2 N;~p!~s FL :J411~_. PnJl:liTii"Jto .su~_~::~ -J -~__. S t L "7 K I' ~ 5a'" DC5L-L~:ho_t ~ =('_\:8:0:;~":5\;'3za 9:'.)0,- C:c_ur<ty. ".J:_ _ ".Q;~jGI\If'PO;~j _ C,[~,~qi;'Hl~l _ 57,7.3:' 14,140 ~,s. GOG 119.dOO _ ~M::~P.~~~E I~J.2 .10,:)5 Nell,' MO(!I~ Cau rt ~'~;:jol;:;-s F.!:....~41~ 2 2 h:~:.s..1-42,J-2.1_,8ke K~ :S _ 85 O~JO _ ',1~~)6 ;'L~_ r'/ILSJO.~ 4135-392.3 . ':J'\Ilr,~~Afll.t N~ 405:3 HOirvesl Court l~a::,10!',_FL 34_~ f.~(22,!~~_,"Lake Kelly _.-~.:::3.- MLS"O~ ~D57-,3B37 ~"-l$ ....dl!lB.. JcS':R Ir"?IC~~ " (;3"c:.'8(lUNaien! +,:,~S! _ Gt;:;C~I::'1':J~1 C:O'lsl"tiequl'o'alo.nt Nil\~_,_ 6~1)IJG~_ .----=-..=l!h1jLl;t Ca5h,-=qjl"/.3,I-er11 rUr!.~I's;l~d J"O.JC) _"1;1\ '~-Clf CD A~:Strage F8~J;H'":'1ple __._ L,C8~,~sq. fL /'Wt1.~<:;:ge _ \-'ta~,i:~ Hr1 f1,'_'EHL'lge i-~!~PD"5-0?S::D A:.':'2:Je /1,'-lorF.lJ€ Fe~s;;rr::!l_ Fen :;,T('p,e S~': .,__ 4,O~~' sc. tt ,::-,,':'00 :"\i. fL View AX.emqo __ ! ll....erFl98 p~:i>ion Jr1 J.'o:J:!cl. !~1gbd.:' f.j~~ Mob:.!f~ hn'. Q,.,il!:'L J! C{'f1S;:::',:T;;~ !:,'''e3.lli"~ _.._ /"".C:f.'lge AQf': A32 iE20 [~.25 :'[20 ,COn<:I':Ja,,__ A~~,a2e ~ 1;"~.1:dC]~ ,m _ "-'-~~_mm ':'.kJ'..~ Gfil~e '(:ldl Eri]!l$ 5ot'l..Lj T:1<'11 E'~.r.I:; ea1~L ~:;; ~;~~~ ,r', ~" ~"72" 'rj IN':.A"'-. ~~;6-S;1 ;t 3a~e"~er: c;, :1i~l,,:\1 l NC"18 '1-"<' '=1DQm~ ~~k,\',' Graoe L!::i~~. ::~!jctLln;-:! tJriH~_----.-L~Cl.,F!ql)ate ., ~I MO~.':'.'.klte ~!\3!'r;:I;G~S~T'J i.y.m~l::''I'.'in _, Co...tFa! " tn~rg.\'E~I;:if:!lt tt~:ns _S:an.ja~d ___~ S!.:m,:iiit,:,! G~r;t[1~' C:ar:Jc,: Op8~! 0:,,1';:: h)[c~, ~.::tl(T [leek ;:)'ycf\ p(n:~~, Fif~;:~;:lli.;~L___ I'.!'A N.'A, f':!nr;:e "c0', F:t~ rf;r',c_e. ,F':ln~__.___ ~Q- r9~ Sinlp~~___ 4,CrOqSq. ft Cm?! 'vlci")jle_:'hn. .15.00,"- l-\.verQq~_ A32_"~2':J _ 0'.-er.::JQ8 i A22 n:;_~L-" , Fdlr , I'J'~I .";"~" '....h; -,-~_.?J. ~ ;,;t<:l~ 5 ~ 2 720 Sa.JL +~().'JOD o -1.5~Xi o .fa;( .__,__~ ---2:J,C;QQ" ~:r~2.1 51r:"'s_. 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"22,9 %i Net. 1l.~'Ii, ol':.~mna.~zt>lf: Gros...~ -1.1 %:$ 8900c Gmss 26.5'%$ 18'::,5':)0 GrnSs'Ae:.3:,%:'" 102 Cl':'iJ CjITiI1"i!!!l!$ 01 ~alj!;.~ C:;r:o!'di:Drl , ",ciiJlJ"9 ~i1fS~tl!~C :q:!:!r'r'" ::um;:;.'.~ir1l"~,' t,) trl~ neighbc'I"[II}j ff~l- CUTTl,;',~1 is ~ ;:Jc;,f1'nQ ;;;~!~,?earby and i~"L~_. iI/en tr,01110S1 '."9'OI\'__,":::,:JfBPS #2 &#~: ~rc ir:~nf8,"{}f co:'dt;o'~__..r2Y~;:, #-3 '5 a tarcn.-,tKrm-e with 3 s;;p-::>rJ.:x "'jai~r-~~'Jr;t \,j!,,!.',y,CCi:T:,~'S ~2 &#3,r'J~~_~~ra= tl1jljstme;~ls ;)tillaril'~ .JUS' tJ the Cnnpiton .3i1j,'N ~r'e::;l,.0 adiustnc..,ts CC~)r.t-2-:5 O"'Bt 6 'Tl'':;'r1~:--,S olj ,\:: :!"\C Si",;P.S f.!,,',€ 'he b~st COf11t,~S __Cl.vrem1y aV;3.~I<!!:,'e ne3fbv F'EM Si,.:f'tIECT ;~:r)M~.>Ji~a_~ 'jO, i GOI,!P,~R~LE I,'] 2 ~ C:W:>A:::ll:lU M":.~ ~:~:,,~r~;. ~~,~cD;~~, ;:~~2::0' WA "A- ! 'Ii"" . wi.hm Yfii'.9J.a:::-r.'~m:S~} Dut_lic mcor:--:'s ! ;'mil:/sts V' an}' curent 3';,~'~m;;n~ :.f ,a'o? :)~'.il)n IJr -';;!:1f, c,j ';1;~:~C' rrcr'~;:i' ~rd ar"t:.\'~i5 J' (,f1}' :;~icr ;.H,5 Cf sut;!!c: .irrJ cumrW.1~!~.~ Nithir cr~ yea: afthl! -ja:e ~f a::praisa" _~t; Other sale.:;, 01 SlJjloct jf' :-"~!?;,_);; '"t'(.nt"S, NG sa't!s::( U)!fl:"S in past 12 .-n.:mt1"":S. No k.f1:Jwn listings Q! the. su:.rj~:;:I.QE__:=,Gmps #~ <~ #2_ Como #3 has beer, 'J:;:'r::)d,::i8d ;;Jf,':] I:; n,:)\II.' I:,:,~",,~j fr.,'- ::';8!b_Cll,$,~t:~;,.orJG IHDICATEO VALUE BY SALES COMPARlSml APPROlCH _ 95,00D ItIDICATED VALUE BY II~CDI/;E APPROA::H iit "',f'lnhc~h:'! ~s~im;',ei~ \\jfl<:El ;:~n~ 'Mu x G~:.~~ ;!!n~ r\.':uhnli,::' ~ ihis ar,pf3!:::.c! IS :'"'.:,Je '"" i~' "ilr.j~C: 'G t--" ,e:Jah ~Jl.::rii'ir:l1~ Ils:!e,'.iCI"6 or :;:.ndition; I::;t~~ t:::;\\' ___, h.~Jt;~c. t: ::JmplP:tiOf' pe!f p';!r'i & S:~c~t:atiC;'15, (Jr,~,-r::cn5 (j ':'-PJ:.-ai~~; ~:;-8 FJ:t::lr:ntil<1 C8r;ii1c:3ll;lT) $:',iJ :"'dTithJ Condil:ons" ~,h'?,~c!.!?;;eCl"Nas rtm phvsiGailv m~;"',A":;-.1ed Ot~t.!__<>.,,:,j$:...:elin!:ipedion frorr. the ot,'ee: W3-S pe;',:-rrr,ej.. __.___"'.... __~_._______,~_ r;;, ~,r:'::nc,:[["t;')f1 }"k::it ,:"l r~~ W(-'I.9~~ isJ2!?:s.:f:!J,,:m \r!~ S.;;!.!>?:::; (>:.1:T~pari5Q:lI\p~,r:)a::n.::'.:::_:U,,--::?r:r_~-,dc.:~co th,p, hfls~ i:::di,;:;;qtcr of c~:r~tDL'1'taJ~~e: t~en-j5 l]y:;Co~t .Ap,J"oad' is ~.IJ:::';:::::lrh.'e -h~ inc:'?';'":1_~___.......=1::CrmC~ w;;L".ol ('-,nrs;i:18'.~d ~;i::flU~, Agend'lfliilml ~2 tG~5iJ May 22, 2007.' Page 18 of 24 DEFfNmOft OF MARKET VALUE: "'h~ m:,Js! j)fJbaO;~ y:c{ N!'!ch ;: Drc~1'l ,;;,hor,;": t;r)'1; In ;., comp~itilffl and op~n ma~k:t!r under ali ~:mdI.IW";5 'aqu:sil~ ro a tal! ;;.itIf! m.e Dw)'er ilrc s~llef f:arrl 3.':llrr; rn;oef't} b~1\,..lf[ge,a:!'t' iln\! aS5iJ:;';:'ng tF, pri8e is 1'.:t 5tect~(, hy lmdiJ!: ~t:muius Irlll:;,';:::il in :toj:; cleflni~h.1n :s me cc",w:-",ma~o'", u! ~ 521e as uf a spe1:jf]~;! Mim; ant thf. r);S)!1'~ at (itlp, j"om S!!lF.' t'J buyer u1Cffr ccnc:1I';"\'J~ wnp,reby: 1,1,1 h(I~'~r ami ~e;J~; ar~ T)'P1::il1iy motTa:'M: iZi :,lJtr; pa1i~<; are w~i l!'1wr:;:ed O~ A'~i' aO'j'iseaa~r. f',ac~ acting In wrat ~e cun5;::i~!"$ hi:; Gl'i1 biIJs.t imf.!!!.'it 13) 1. reasunilb:e 13l'e :5 ~ilO"i~d ~Oi' EXpcSur~ ir ltie open ;'i',ar..F.t: >,4; :DaY7!'!en~ i~ made ;n :p,.fm~ Gl :::S,ht 1:_$. dOl:!2~5 (F ir: t~~~,; L\' 1,:,;ar::ia'3;"il:;,]~mems c<J:'"1::!raNe ;herfflc: af-d (51 !he ;Jf:c;f? f~p:"esim:$ ihe normal co%:d~ra!i[JT1 lor rh~ PfQ:1eiTi :;old lJn(,tte::~ec :)y ~oeda: ,:)I' :-rfll;i'tl! t:t1~nc~_~~ ~-,. sa'~~ ~,~''It~5SIC'-'iS' ~i~'l1:-ed by an'/lme itssccia~~ witt! lr1!! Sii.~. ~ ~:jjU5t~lJrES tD ihf, i;omparahle~ must be mafi~ h' ;,f1I".cial 01' :lea~i','f. I;c,&o;:mg IJI tal2S C'::.hC~5SiOn5 fJo adi;Jslm~m.~ r:re nE:~s;!'.i'tr)' ;ur tIro::.e cos1s ....hlch mt :mrmi'llly paid ll( s':!lI,:,rs 3$ (. re)u.1 Of t'i1C'1ior,:'f :20\\' ;r, il marr.E: ,,'foil t~"m ~OC;1S are re2dll)' icentlf!abie $,ince t':~ Sf-ae: P~~fS 11es~ costs ir. \'1't,lilJt~ ali-5a!% t,ilnsaction~ Sot-c.i;:;l [II cr>=:t:.t\'~ i'nzI1:::ing adiunnert~ can tl~ mi!oe 10 ttle cornpar::Jt<!'3: o~otJerty D~ e-ompJr,;Q":'S La frmmcing terms ::;t1/7,red 0:1' a ~tud p.3rty irS:i~IJi::mal !.;ncer n.1~ i5 r::Jt i::irf~,IW Ilwol','f.!1 in !",e vropert~' ,7 :r,msB~I;)n ".n~' tl,~iu:;L7M~ 5~:)L!ld mt. c'~ {:~!r.IJldfti; on a ,.,.,~,:h;m!:ai Q!..',r.' fe' dc,!lar :~,~t crf the iltldl1cirq Of car,'::-:l';,'fIJr1 l;L;1 tnfo dl'Ji:a~ amounl jf ,In;" ::jJ!~~t':":"m:;h0~id .;;;:'orJ:(l....,3!~ :n~' m~*~r5 le~:h.)r 10 t-:: ti"'ardlig tjr:'Jf;:;:~SSl'):\~ h3~>':d :)0 ;he dPll'-;Wi'!',r5.it;;!p'!mflrt STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND UMlnNG CONUETIONS: ire dprJrili8~r,s cettif,itillror: 1;;.r,: d:)p!:ars n :re ;;'D[jfai5~1 Tf.l)ort IS.SI!blF.ct t~ IDe :1J1:':ming ::'~)[I:!L'n~; 1 "he apprarser \':i:1 0-0: be 'esp(}r,~ibl~ t~; "'#1tli!'~ U' (; '~ga r.atUfr ~"W; afte-o:t e!tr~~ 7he P.f;)P~rty ;)e!nlJ JUpned or tile !ttte ill I:, The ~ppt'a:,:;er rtsS'Jmp.5 ~3-.' tte !Itie '~ ~oct and mm~an~,:),ld :"e:-!lC:p', 'ml r,::lt !~r;:1P.r ;F1~i o~,:nio~L:; dOOJ7 'nf t,7,'3, Th", ;-,rJfi"\~ is ap"'rEb~<f ,:<n t~e :l3is 'J! if t}elrt1Ji imcler respClns:it;e oWl'1eri>h:p ~. ~ht' iwprai:;€,: 12~ oroh'J.!:d ii sket-~t in :;,,,, Jo.pr3J5aJ 'e$:Jrt t:- show anp.r~XI:-:;,n di;p~ns:.i(lns D~ l1e :m:Fc;l';!Jme!1B ,,,;,:1 thi" ~t:,et:li iSltdmlf.d aliI, to ass_is! ,hp. rf:ild~f a~ th~ '~~l1':i!r m .';~IJaliz!O!J the pmpertr ;j:1C ulij,n1ar.dinj me appraisers dett:rtclr'lijjk;m-:,i ':tSSiZ8 3, T!!~ j?p-'~,sl:!r ::as eJ:2.1'!nen t'~ ;''',~\:tble t:DOO m?:p;; ra; are ;;ro','ld::O tj:i i\lF. f'!derai [':~rQencJ' M~f',?:'J'J'Terr Agency i:ur ~r data sCones,! ?tui hilS- "OUld. i1 the- a;:mj1lsil.' re:>Drt w:let~~r th~ "vht~t sto:! ,-; :'~:3'P.cr: ir iFl ;:ifT1fied ~!.'IF.cj;,; h':JOd >.iill'.a~{ f"E2 E,F:il,;'~;':: th~ ~;:'L';2!~,e~ l:;. iIlJ~ ~ ~l;rve-,'C' n:: or ,'~ mali.e'5 '10 gUCi!io::nt-"i"!S-_ (:1\,-:1'1)$, or '~riljed, '?';.1'dr:~ trl~ df~~r1~:~,a'j,;., 4, ~M .aC<D:,,:,5r '/i'il nij~ ::h~ t~;;timor)' jt a;lflt',ET in :::OUr: t!1::a;;~e he m ~he fTm(le an apm;jjj,;dl ul It,~ i.lrc[j{!n:~ ir GLlIO,;'k,r, lIfJ~% ~pecific ,i!r~ngemf..,t~, t':too :';u i'k;~ :':"l't'f: f"]2jt ~et(pll"i',n:: rte~::;;'!alse~ has j;;;]ma~ t':..e \';jtl:~ OT tllf 13nG ~,rtf. :'Jst a;:"ve-ach at tt5~\9h;'~1 ;10;;: h"'s~ ~5~ and T!'l':! r::":\fJ'/P'!f1t~, at m~m ::D1'l1'lillli1t:;:"J:~i1lue, ",ese ~f.:d~dit ',<3!;,.[110;'15 :J!. me dt1<l ii!"j ir1p'o\<Em~ii!5":\jS' 1.;;t t1l t:s~d If! :.)r'iUnct!rJn with i:ry ~r apwaisa! Gnd ;Jr~ in'i'il!id ~1 m!!j' are ~~\ 1J$f':d f T1f ap:n;er",a"S r:.::;t'w ir; :t:~ "lJprais<lj'~S,:r! a~y ~.::\,"n~~ ',!;;)IJ1ic:ls '"uch 3:;:, neft;~[j r~:01T~, G~pcia;ion 111~ pr"'~em::f. err tlat:?lrdO<J3.i/E5tes, t.)~ic s~ttslan(:!!iS, etc:1 ~biP."p.d our,'1g tile n~pecljcr Ii t,~ ~~jbjF:t pil.oert]' x tl'ial hi? Cf ~he l1p.c;-:'Tl~ ~;W!';;~ :);:uirog th~ n:::rm' r~~f.:l::,' hNI1l'3dll1 D:~1,:cmir.g trte <iDV3.:;al dr7!l,~:-' cttlp:rwi5e ~ta:e-.G In t1~ app,ai~al'!r-'~1rt; 1he- aopr.,6F.' t,as '1C :";nr:ri'''~'::;~ ;) ~~r ~Iidj>?n (I" l'naplJa'B'It C:C'1,~,I::m5 0' the Dt:oJ:,si'ly ar aC\lHSf. e~\r'()r,mf!;mai t!.)!"idrtJOc"t5 ,_,r:,tLdL'\i info v~-;rnCP!l! t::[ue'~:nJs 'o'i3ms tD~1: Si..t,.;,ti1'~!!~ FtC:; tral\','~.',ui,j make the. :':)pf'll~' mLn': U' I~S~ ra\ic.DIE and ha~ ahj~d ~hal then; art ~,;) S'J~t c{}r:1itioI'1S and r:r;:Hf~ r::: g:;p.m~I~f"s or warr-3:nies fAJ:~:O" c i~~.:i~r:, r~QJr,j;'~: tn, c0Ild:li,~.", (:.\ the r'op~rty, -;-n:,: ily';n'Ser will r;'Jl D~ !esi),J:t~i~jp' to! iIJ1Y S'J:t :;;Mj:l;Jr;; t7la~ (~t ,,:xhr:l[ ~O:' anj' <:"9:",~~!;~1'~ (( ,esling tt,;tf 'riJh~ :~ ;1":~Uii....d t: ;ji>co~ef wht>t;':!f sllch ::or,j!t:on~ eXist Be::aiJ.5'=! t",e i:i\Jp;~;sel If, i1C~ nn ~XDl!1 i" 1he l:~:d 01 ~"WC1"TM",;;1 r..'1z,,:GS. TIl>!' apDral:,al lepLJ1', rlU:i1 c;ut i:'~ CC:T5ilJe:::d as an ~r:/~on!'['entl:i a3:se~5-:",t'li ct tr~ p':;)P~rty "-r,~ a:,praISE," oDta.!nec: 71e 1rI',x~,,,:!ar1, E'~lh..:ff.~ imr! O~'"l[)n~ tt;a't Jle~i ~:c~t,;sr:j in tt,5 ;ip:it(l;,;l: :~r:,;1 f'CT,C:J~~1:!5 tt\at '1€ ::IF she: consker;; :a Of': ,e!!at!e Rr:d Q'!li~\'~$ ttll:.... m :o! tnji" and C[W!f~, -he a+::~a,m do~s :1:,\ %SJ~'7: 1f.3;0n!bili1y b' iPfl "lccura::)' ':If su'~') itemS tnat m~rf: tllmbhl'!:o ~y o~~r aa1!0S ~'le- apnraisBf ';,l,1! :1'.~~1 ~E::-\L;:,f. !1:~ c:'lI1:f.~t:; Jt ~-e a:;r.,rai5ai repoo tl:(':~Ji}: as. nrJv':::1ld !t:;T i:: tr;p' liflitol'T' SlfFlcarcis of "p.vess"Jnai A~;:.raj~a' P!a:-cll'C~. 9 'tiP. i!;:r,r>\i~f' "RS O:Bsed hi: I}' T 3p;:;~asa' ;~cort~n-:; '1illuil'HJf1 CG",:lil5'!On for /';'1 ap)1r1i,5,al !j~aI 's:;Urje,:: tJ ~.ajtijact;}T'i tClmpiet:Jn. '-r;:l~iri'" :Jr alte: .(don., on tll". iil~,\nnp:liY ~t;at::~'rnfl:p,t;Jr 0: tt~ ':-:-wliJ'i~~'.l'!nt!: will be tl~rfo.f1T:"ld in s wor.;monliKe 1':',,:~e; :1:, TI1{ t,DpICliSH mus: pr:"!;j.e rl~ 01 ~f: P:'1 Wf1it~:i am"Rrt b',kr~ 1he 'ffjrt~['G!~,n~ :;;:If'~iLi;'iJ :"1 t~~ a~:,~~,'~a 't:Jon: san Clst,tn:tf t"1~ ~~;:.i'.'~.a' rE'port ;'nc;iJri,n; :::>n(;ill',!C:~5 ,~r:;'.:-j ~r.fl Dr:::'~it... ;i3, ~e, :h~ ~~N2iS""'S i}:;'1~ii~ ~.'l;: p:u'f.s';i,~ro.l :jF.~~r;;rt :,ri~, ii1i. ;~:"r~r;;es :0 any [mi~~~lonJI a:JG'a-sa ur'~,niljj,\ic:-.~ Jf tt,F Lrm ',','i:h 'br;:;h t,~ r.>:'~f.'liHr i::- aSSXI2.l>?,j:: "~ a~:~';)l",e Cit-,~" ~lG'l 111r? b(:'::J',':E':, It;~ :1E1q~'J"'f or 1:, :;:ICCijSS;,1fS and ~5Sjgn5 tt:e 'n1J[lg;~B ___n'._"-.___._ _hO. __ ~.';M~'" ,~~,..,.~~ ":h~~~;~' ,~~+<..,.L,_, M~""'_"...l-_'''-' AgendK~~ May 22, 2007 Page 19 of 24 APPRAISER'S CERTIFICATION: h" Apo,'a,ser w,it" and ag'ees M r:3'\'f '~~eiid~~ ~h~ SJ::'i~,:t fn;:.rk~: e'e" ;:Il~' h?~€ 5~~cr~r. a miriniLlm ri t"I'~3 ~e:~n~ ,3i~& Jl ::'D~l':rt-~s !T'iJst s.im!'<l{ il:1a pfGl;lma~ to F!! 5Lbjf>ct Or:;OOTj' ior ::.:nsrdefat:Jf1 :n lT~ :;al~~ CC;,7:,j3'1S)11 <:!\;;;,'S,~ lf1C r:a'.-~ nd'jE. ajer!l;:' ;:f~i~'Sl7~n~ whfr. 3:'Drt:J[7;re '8 reflw miO- ."'1a,Ifl:l rea~t::)n t: 'fhc.,~ Item'", of ~bnj;'lCanr ~anal!On fI 3 .C;ig'1,f;:<<il it~7 If a camp~r.3tf-g nr:~rty I~ s~pe,i:JI t:l, :;l~ mc'~ fENC'~tlF. :han. tne ~thll7;ct o'";)oert), hil~ mad!!' a 1~gJj';e M['Js:mi'!nt ;c~ !edu::~ ~i1f 3c).:,:e:' ~21~~ IXK~ .J! I"~ CJnp<'lrtlD!? 3-1:, ,!. (: )I;rrfjcam r'~,.-,-_ in ~, CGT:Jar3j,~ :~lmertJ i~ \r:1'?r;:,;:Oo I}~ I!?,~; f,i\'IJ~ati! 't,?",", "he ~ut':!!c: W:lPf"ty \ ,~3','e M2d'.' , PO:;,:t!'I!:; alJ!js;m~rrr tt1;~r~asf :n~ .sdju~r+,-~; S.J% Vi(:&t J" t:';e ;c",:[,a:==.tr!e, 2 i I'''c\'r:' 1;;~~r; irrro c::m~i(l!lr"t!Jr t~!l !a=\(;'-~ ha1 !"12JP.: a" infHc~ 'Jf 1'2i'Jf r ToY dfl'~~ICllfTI"'nt .:-: t~ '?s!imi:rt~ cr Ta~~:.et '(ihll: lie :J1E' app:il'iai r~plJr! I ~ayt: nor r.J"iJi\1n~I:;' wll"lh~!r! 3,'1)' 5igrkt:il"'t :.-ro~':rn'Jr; ~fl,h'71 tilE 8Dp,a5.:!1 "'Tlor, ct.':: c;~I'~'J~, t,~ j"li?' ~~J.1 1,;'1 m1' iin()wiec~ t".a: all st1:lt':!rnl'!rrts and 1,'1k'mittJOf !'\ me ~p,rrl::;i11 r~OG:: 2lf rUT ;mc t~C.'r~:! :3 :;t3.1f.d''1 'n~ a:>,C:;;':SlI: -:0:[1':::: CL'lI)' 1"1',' JWr p!;"~:n,,; ll,ili;;:~'ld a:;o: p"jt~5SI1Jllill analyn Clpm;:Jr]~, 2'1C (;an,:kS~lTiS, '11::::h ,r~ S\itJf;'~1 om} to m", corrrtngefrt ~:-,ct ;:mitil1g ~1;n.:jm:;r:ssO'e::~I:'(j ir: ~hi~ Lwn ~, ~,av€' r.o JJr;~~1'; r::, :i'O'~lf:~Vf ir:n3~ i!1 ~tF :;rOp'~~i j1al !~ 1h~ o~~lie:j 10 :hi,~ lI;,p:Jf:, 3~: I h;:i~ nc Dresent m pro'~p~C't ',~ ~rsurc411 mter~st 0, bidS ....'ith re!'-,IlE'';\ :0 t~'e ;J.ar:icIFll"!j~ in l~IE trdn-:;;:ct:JI1 I Oi,:: <:,)1 t:~se ei,I1~\ parfait ;)l :~mpif:'f!IJ', n~ i1nal'"\'~IS (j')rtor Che %r:m.:J,; (l maft.:ffi l(ahJ~ ifJ ~ appraisal rep:'1I1 IY'1 ~he race, co;;::,, r~ligl':if: ~e~. :-FJ:"\CiCr..t familial St:fl/~ C' i1a:ic,la' 0';0Ir ~f el::her !he :)!J~nf:1r~~ (lwnn ':v Gc.:'jr>a',t& 0' 'he ~~t'jm prot'lt1)' Jf of ~ pr~~~nl l1''''';;~rS \If C:;O:U~:-~1, D~ t~~ p':'po;-:t:!; in 'IF 'Ij':!fJty Jf :hf. ~d'':f"ct p':;.oH:Y 5 ~M}'11 fli1 prES2r~ :)r:;;'~mp'1n itl1:'~~rlf!r~~~ Ir t",! 3L~'11;:j :1fJ:''!lr!y 2f\C r>~'th'!f r:;~ Cli!T&rr ':') ju~u.. "tmp;Jy~.;rr ,'1:)' "f cJmpensEt~.):i 'Or p"trformm{; :1'.1$ il,pn>.:,r:,al iii cart'109m:Jn t"'/i dii:';:1;i~(i \'E;lu~ Jllr~ !lr~;J~ty 6 I was ~ot :r.'$irtd ;0 'e~,~!! :: plf:df.t~rrrl:1;;>d v-ahe ()l dl'~cjC'1 in '\'alue ~hil1 r~,'o'-;; 1l1~ ,:auSi? IJ~ the Ci,~;;': 0' dl1i' n~l.:rn':: p;1n) ~h'3 amoom Df thf 'i:Ji~e e3t:mate tn~ attclnrnent o~ li. spetFic re,,'j1 ,:, triP, ~:wrrence Cl <i .'i:Jt')~Qu~n~ E';'~j~l ih:lfdF'r :0 re~--t!i\'E' !"'i"f' c:)mr~r$trh::' an,]:Q! <:lf71plc.~m"lnt ;~ perO~:";lf tr~a:'DraisaL : did M,T base ~hf al)r-r2l~ai H:!Jor ::If, i; P':'liest~d m'l1""5' \',llr!~tj'ln 2 s:;~::i"ic ',';J.iUr.t.:'i,=;" "7!~ need' r,~ ,'Jp;;'OV~ il ~Pf~f'C m~lrg;J.]F. ~D;;rr '7 I ~r.or;r~c tl'ii; ap;YifSal lr ::::cn:'J-. t)' \\'ilh :hp, h,iiormSja'ldar,j,; :.It ::>f(J'''''!:-5-0nai ;:'c:"ra:~a: ZlriJrtl:~ that ',';'~!e arJ)p~Fd ;1[,: p~:)mulga~t:.~ by 1]~ Af1r;.iI!3~1 S::1mj2id~ Scare of The App~Jis!l! 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(11' ) gn,fican: pfc'ess:::mal i,s.im!"::f. k>m ';;[1;' :nn~::iL,d .;::~ i1iJNi::La!~ Ir: 1:;,,: :lP',;:;,r11ar-;.e m tr'~ a.j}prai~31 'J!'t";~ ;\IIO-P;,7:,li':r, [!" :t1~ ap:n;,~1 fe;;~t~, I n;r,'p.. f';;ime1 such i~d:\'iCJa':I;:1 and :;;:;',~~c 1t;e .\t'~::rL:: !3~k~ f,~rtC:~T.t;j C:', ';!In ~' :h~ '~::G:::m;:;!~,:') ~,f;~1ic~ ~ :hi.; i'::;Jr:j'3a: p:;1pcr1 ! c":fi:h the:; a:1~' i7::;;':iduiil so 'l2mp.~ i~ ow:,!ili~d (1) p~rfC'rrn the ~a5ks i t"w~ f'!Jl aiJ.hl.lr,<:~e 2ilYi)n~ ;:) rr>a-:I; a :!';~r'~e- ft:> .ir~ :t~m ;r] :h€ ~I,pc:, 1ler~t:':e ~ al1~l'lti]tr.'.:-ri:~rl:-I-~'Je IS !"a}~ tc t~e apPi'.:!I'~dl n;,;ll'r., I will taf.~ ~,:) !!;300',~,5'1:~1;~ ~(" 1 SUPERVISORY APPRAISER"S CERTIFICATION:: 1;:; ~lJp~r.'I~C1I}' ~p;::.,: ~'~r 5,;ne.: ;1"11;' appr3i:;al ~e::lrt, tf or ~.~~ cf.'1~~;.; ilf1<: ilgri'l!!"S tn,! ct~fect'i' ::'Jp1r.'i~e thE ap:ns!!r ...,'ne p:~:J;::l':d 7lc": ;:~rr<1l"r.: '~x1 ~Hi'..~ 'e','iS"\'.'e[j ,I':~ a:;X2tH rapQ:1 ~q'''1e w;k :nf ~t;il~me:-1s iir:d c:;rn(IJ~:'::'fl; 0' t~il! appraiS"'31 :1gree::.o tllS' bon;; [') ti":e zppm;ers c~rclfjCdt':Jns l1Lmllo"rprl ~ :t1~cJ'Jr 7 cNh'e ;:m~ (,II,lakln) fuii r~'SD(i,liSi'):'TI' iO~ 'TIe ~l:,;)ril:i~~i a':C :If p.f!pr-.i~(j: r!':po,; ADDRESS OF PROPERTY APPRAISED: 302:, Van Buw '.\,8-00. Naples FC3~4!'cL___._ ~ APPRAISER: SiP""'" ILffitl lJ k!av", It. ',8i'1~ ~.{. Dar~ Signed Iv\arch 29, 2007 Sut~ :~rifiu:t'.)r: 1f Sl Ce~1.R~s,RE.A #0000320 :Jr S12:e i..:tefl"~ '# _~.___._______ Stltf: Fl E:iX'Jretf:m Date ,J' c~!t:nCr..tj0n D' UC"!I1:"e '11,'3":)12'008 SUPERVISORY APPRAISER (only If required.: Sipnr€" N2.~~<? ~__ J3.1f S:~::e~: ~:?"j(, Ce1i:J:IG~ #-' .:" ~:~;:rt~ :.F..~r-SF # 'rl~ ~ ~P(;jiG1 :~:" :)f G!l1:i::atio:'1 C' "iceme Scope Addendum AgendaF~.illiilnt?~!j.61 May 22, 2007- Page 20 of 24 ~pi'.-?r.='~e~l CoJ,liSf Co-unt,;'/CommlS~101!ers _:lra;:.~itJ At'dr!!~s 3').)2 ':/an Buren A'v:g-'lLl-t::_ C,,'.", N..'-'.~.Dr",.;;:_ _ - . - ~ .~ ,,-- __ .~Dl:iLt L~'1c~t S~;::Jrc of Count\' G'JiTm!.s':;'fJ;er~ ~L_ -- ----APCoJje 34:11_-?~ - Cg)Hcr S1a~ The Scope of the Appraisal nH:; ,.... 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" ::-?i~'~ ;'If,;e N',A ~':ISS ~vin; A!H fi;2 rr~': RlJ(r~r<; Tcr~::',w,x;;n:i< T;..~.'I! 3;"t"JiJC1'S Lc:ca:!J(', '0':'.... FL StiS ::'uJft.\, Aqp. AgendEr~ti<r\\~ i'IlB(I5: May 22, 2007 Page 21 of 24 It CwJF. 34 ~,' 12 5 2 /\,voraqe Average 4,C3C fiq fL Avetaqe A32/E20 Subject Rear Subject Street Comparable Photo Page Agend1!i>ll~;j:til61. "lliOO May 22, 2007 Page 22 of 24 BorTQ~\'e'''-~ilf;ml: Colllp.f Co!!.ntyic:.ommj.$sjq~. rF':}P>;li~,c"j'l-~}~. 2.Y:l~2 V;:]r:.BUrE!::_A-.J~r1iue___._ '.__ "W~. _:_ll~_ Nr1.rr8S_._~ _~._ _._~:)Lntl CaJ~5lr "Fl1n~f Bc,ard of C~uri~ ' CCmTlf&SI~rH:rs $t:~a ;:1.. Zlp~:;:jf :<;411~~ Comparable 1 31413 Van Buren Avenue h'.( r,,:; S'otljec! Sm,st.lL~7, Kelly :JlalSl ~~,;j:~ P'le!;! 9o,OOD 3tL:';~; U';'iIiQ Ale:t 756 T:;:al R~Jms 5 TC:1i12et,twm "'oral Bli'lh~"'''.;tms L:)cc:L:m 'VIiW,' Site CLJi!:iW Ag~ 2 1 A.ifrraqe A'Ye':l~W 4,000 RQ. ft Average 1\25/520 Comparable 2 4X15- "Je'N Moon Court Y-::/ t; SJ:'Je:1 2' blkSJl-4:2,U-2.LaKe Ks::', S.i'e PdCA H5.800 :;re:;::: l,'.'inn tt:~il TNa',QDoms T:'B2,::,Qrcns T::.t3i5anfQQ:l'S ~::::37Ia:' ':'if'w ;j:. u.:<Ii!~i' Age: 720 5 2 2 Avera;)e A....BraCJe 4,~lC5 ~a ft, Avera;::;e A:3:2iE2:) Comparable 3 '-053 Haf\'~$\ Court 011]1" tD Suhjo':;;:1 2b\kSiL,62,U.2,Lake 1(f;:II't S.1:I~ p~::~ ~12,OOO Gm~ ~'~:,,:' ';rC3 ~,2i}'J ~~<ki R(::,rr:~ 4 ~ctBi '&e:i!Clo,-r:) -:wliE,;'tFC/oms ~1;;-:~,jr.ll1i1 ','~ew Sit~ Q'H'iY /!'fjP. 2 Av,,!!r,~qe Canal 4,':JG-O EO ft IW05ra;:l8 A22/=L0 Location Map ~. 5aniJl'f~(~;'i~.':I" C,:::,I:H,!r COL..:iJ!t:.gOmr;H5Siflr,e.rS ~r(J:~rtf' ~.;~dr~ss J:J32.yan 6~jre"'A""er;ue .. - L~"" ~l"'l'eS - -- ,_~'GI--__,__ ~:C5:tIo 'L","j!!-' Board of CCII:lv C:1!T,;"!':lssionr;rs - -- Collier KlliiwoOO ~ 51f\('l~ :...r. ;/ .. 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M ;; Ij:; .;.; lli~t ~~ 'i!'" ~ !l' ~ i~5 l! ~ li".~ 55 _"'" ....'9"' UC'i":<<H-.if'li1ltJ .caidc:iw":c; i I .i ) --..-------.-.--.--. ---_._----- J Agenda Item No. 16G6 May 22, 2007 Page 1 of 12 .~''''''' EXECUTIVE SUMMARY Recommendation for the CRA Board to approve an agreement letter assigning the current lease for additional office space for Bayshore Gateway Triangle CRA operations to a new location within the same commercial building at no additional cost and authorize the CRA Chairman to sign OBJECTIVE: To approve an agreement letter assigning the current lease for additional space for the Bayshore Gateway Triangle CRA operations to a new location within the same commercial building at no additional cost and authorize the CRA Chainnan to sign. BACKGROUND: On February 27,2007 the CRA approved the lease of additional office space for the operations of the Bayshore Gateway Triangle CRA component at 2740 Bayshore Drive, Unit 14. This lease expires on August 3 1, 2007. CONSIDERATIONS: The Bayshore Gateway Triangle CRA Local Advisory Board has had great success at attracting residents, business owners and operators to its regularly scheduled meetings and community workshops. This meeting space location continues to serve the community and Advisory Board well. Within the same commercial building that houses the Bayshore Gateway Triangle CRA offices (Unit 17) and Advisory Board meeting room (Unit 14), another space (Unit 10) has become available for use by the Advisory Board on or about June I, 2007. This new space has been significantly remodeled and upgraded. The CRA landlord has agreed to let the CRA move from Unit 14 to Unit 10 at no cost to the CRA. Exhibit A is the assignment letter between the landlord and CRA enabling the assignment of the Unit 14 lease to Unit 10. If approved, the new space lease would expire on the same date as the current office lease and renew as part of the FY2008 budget. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA, that may consider alternative land use plans, modifications to development standards, improvements to infrastructure and incentives to encourage redevelopment. RECOMMENDATION: To approve an agreement letter assigning the current lease for additional space for the Bayshore Gateway Triangle CRA operations to a new location within the same commercial building at no additional cost and authorize the CRA Chairman to sign. Prepared by: David L. Jackson on May 7, 2007 Executive Director, Bayshore/Gateway Triangle Community Redevelopment Agency - Agenda Item No. 16G6 May 22, 2007 Page 2 of 12 DRAFT This agreement made in and between Lafayette N. Ingram, III, doing business as Gulf Gate South, a registered fictitious name, hereinafter called landlord and the Collier County Community Redevelopment Agency, hereinafter called the tenant does hereby agree to assign a commercial property leaBe for 2740 Bayshore Drive Unit 14 to 2740 Bayshore Drive Unit 10 on or about June 1,2007. All terms and conditions in effect on February 28, 2007, the date of the original lease, remain in effect, and at no additional lease cost to the parties. This assignment letter takes affect at the signing of both parties. Attest: Collier County Community Redevelopment Agency, Tenant By: Donna Fiala, Chairman Collier County Community Redevelopment Agency By: Dwight Brock, Secretary/Clerk IN WITNESS WHEREOF, the Landlord has executed this LEASE AGREEMENT this the ~ day of May, A.D., 2007. (I) Witness Lafayette N. Ingranl, III Landlord (Printed Name of Witness) (2) APPROVED AS TO FORM AND LEGAL SUFFICIENCY Witness (Printed Name of Witness) Assistant County Attorney Item Number: Item Summary: Meeting Date: Page] of] Agenda item No 16G6 MOlY 22, 2007 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1GG6 Recommrmdatlon for tile eRA Board 10 approve an agrp€fTWrlt letter assigning the current lease lor addllloflai office space fa:- BaysllOre Gateway Triangle CR,l., operations to a flew !ocatlcHl Y,;!ll,n tfle same:o'Dmer;:;ia: bUlld'119 at no addiLor<al cost aM !Iutrlor'le tile CRA Cllfllrm8r1la Slgll 512~!1200i 9,0000 ,AM D~te Prepared By DlwidJ~ckson Community Redevelopment Agency E.x",cutiv~ Director B8ysI10rf!.G~lawlly Redevelopment o5I9120072,16:111PM Dille ApproverJ By David J~cKson Community Redevelopment Agency Execut;veDlre<:.1or Bayshore-GateW"1' Rcdc\felopment 5/10/2001313 PM Dnle Approved By OMS Coordinator County Manager's QffiGC Admi[jistr<lti\feA~sislant Off;ccof ManngEJlTIen! 8. Budget 5111120018:21 AM Dnte Approved By Mark IsacKson County Mnnager's Office Budget Analyst Office of Management & 8udget 5111120011:51 PM Oat!! Approved By JamesV. Mudd Board of COlJllty Commissioners County Mannger County M<lnager's Offic!! 5jJ1i20074:39 PM file:! IC:\Agenda Tcst\Export\83-May%2022,%102007\ 16.%10CONSENT'1020AGENDA \ 16.. 5/16/1007 I"'c.-' Agenda Item No. 16G6 May 22, 2007 Page 4 of 12 LEASE AGREEMENT THJ:S LEASB AGREIIIIBH'J.' entered into effective theclcf\!h:iay of February, A.D.. 2007, by and between LAFAYE'l"l'E N. INGRAM, III, Doing Business as Gulf Gate South, A Registered Fictitious Name, hereinafter called the "Landlord", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SITTING AS THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, hereinafter called the "Tenant". W J: T N B S S B T H. That the Landlord leases to the Tenant and the Tenant leases from the Landlord for a term beginning on the 1st day of March, 2007, and terminating on the 31st day of August, 2007, the premises described to-wit: Unit Number 14, in that Office and Retail Complex known as Gulf Gate South, the street addrees of which is: 2740 Bayshore Drive - Naples, Florida 3411.2, constructed upon that tract, parcel, or piece of real estate described on the attached Exhibit RA", attached hereto and incorporated herein by this reference. The above described premises to be used only for the office and meeting room of the Collier County Redevelopment Agency. The monthly rental for the above described premises to be *************SEVEN HUNDRED NINETY-FIVE DOLLARS*.**..*****..** ($795.00), payable on or before the first day of each month which sum is to be paid to the Landlord at such place as the Landlord might from time to time direct, and which sum is presumed paid when received. The first and last month's rental are payable to the Landlord in advance. Tenant has represented to the Landlord that it is exempt from the payment of sales tax on the monthly rental. A!lD THE PARTJ:BS PURTHER AGREB. 1. NOISE: The Tenant aCknowledges that the businesses on each side of the premises leased and let hereby are -noise sensitive" and that the Tenant, its guests and invitees, are not to generate any noise within the unit leased and let hereby that can be heard outside of the leased unit and in particular that can be heard in either of the adjoining units. 2. PJ:RB RATED CBJ:LING. The Tenant acknowledges that the ceiling in the unit leased and let hereby is a fire rated ceiling whose fire rating can be compromised through holes or perforations in the ceiling. The Tenant expressly contracts, covenants, and agrees, not to make any holes or perforations in the ceiling whatsoever. 3. PRE-STRESSED SLAB FLOORS. The Tenant acknowledges that the floors in the unit leased and let hereby are pre-stressed concrete slabs whose strength depends upon tensioned cables within the slab. The Tenant expressly contracts, covenants, and agrees, not to make any cuts, holes or perforations in the floor slab, nor to exceed the floor load limit of 100 pounds per square foot. Agenda Item No. 16G6 May 22, 2007 Page 5 of 12 4. B1JJ:LDDIG CODB COIIPLDllfCB. The Tenant acknowledges that any improvements made to the premises are to be in compliance with the Building Codes of Collier County, Florida, which require, among other things, that the drywall used in the premises be connnercial drywall, not less than 5/8 inches in thickness, that all electrical wiring be placed in metal conduits, and that there be no holes or perforations in the fire-rated ceiling of the premises. Landlord does not permit the use of any thing but steel studs in the interior wa~~s. No improvements may be made to the unit leased and let hereby without the Landlord's consent in writing. Landlord's consent may be conditioned upon the work being performed by a general contractor, licensed to do commercial work. 5. UT:ILrrY ClIARGBS. utility charges are to be paid for by the Tenant. Utility charges shall be defined as charges for water, sewer, electrical service, telephone service, cable television, and garbage collection. Tenant acknowledges that the water, sewer, and garbage col~ection eervice for the entire shopping center is billed to the Landlord monthly by the providers of those services and in turn the Tenant is to pay the Landlord, monthly, 1/18th of the charges for water, sewer, and garbage collection. The present monthly charge for water, sewer, and garbage collection service for the unit leased let hereby is $50.00, per month. The first and last month's charge for water, sewer, and garbage service is payable in advance. 6. UPURS ABD _.....J<IIA!ICB. All repairs and required maintenance to the interior of the premises shall be the responsibility of the Tenant. Tenant agrees to keep and maintain the interior of the premises in as good condition as on the commencement of this lease, normal wear and tear excepted, and to be responsible for the repair, replacement, and the maintenance of all heating and air-conditioning equipment, plumbing, bot water heaters, electrical equipment, and electrical wiring exclusively serving the premises leased hereby. All repairs and required maintenance to the exterior of the premises and all of the repairs and required maintenance to the plumbing and electric serving other tenants or building common areas shall be the responsibility of the Landlord. 7. DiStrRlUfCB. A.. The tenant agrees to carry, bear and pay for malicious mischief, fire and windstorm insurance on the plate glass and fixtures on the premises in an amount not less than the fair market value of said fixtures and plate glass, such policy to be written in a standard old line insurance company duly authorized to do business in the State of Florida, approved by the Landlord, and the Landlord shall be named therein as an additional insured, and the Certificate of such original policies, or renewals thereof, shall be deposited with the Landlord. B. The Tenant agrees to carry for the protection of the Landlord and the Tenant, public liability insurance in an amount of not less than the sum of $1,000,000.00/$1,000,000.00, with such policy to be written on a standard old line indemnity and insurance company authorized to do business in the State of Florida, approved by the Landlord. The cost of all such premiums on all such policies shall be paid and borne by the Tenant, and the certificate of such original policies or renewals thereof shall be deposited with the Landlord. C. The Tenant agrees to pay to the Landlord 1/12th of 1/18th of the insurance premiums and premium financing charged to the Landlord for fire, windstorm, flood, and liability insurance on the property in and upon which the leased premises leased and let hereby is located. The current charges to the Landlord for fire, windstorm, flood, and liability insurance on the property in and upon which the leased premises leased and let hereby is located, with premium finance charges, is currently $38,718.00, per year, of which the Tenant shall pay $2,15J..OO, per annum, or $179.25, per month. The first and last month's insurance premiums and charges are payable to the Landlord in advance. -2- Agenda Item No. 16G6 May 22, 2007 Page 6 of 12 The Tenant acknowledges that the charges for insurance premiums may increase or decrease during the term of this LBASE AGREEMBNT, and the Tenant agrees to pay the adjusted sum monthly, together with th!O other sums required to be paid under this LEASE AGREEMBNT, with the rental payments as they fall due. D. Tbe Tenant agrees that in the event of loss or damage to the building in which the leased premises is located by windstorm or tornado, that the tenant will pay 1/~ of any insurance deductible, for the building in which the leased premises is located. The current insurance deductible for the building in which the leased premises is located is five percent (5%) of the insured value of the building, and the current insured value of the building in which the leased premises ie located ie $~~5,500.00, making the five percent (5%) deductible the sum of $4~,775.00, of which the Tenant's l/~th share in the event of a loss by windstorm or tornado is $5,530.55. 8. LJ:AJlXL:n'Y. Landlord and Tenant covenant and agree that the Landlord shall not be liable to the Tenant nor to any person whomsoever for any injury, loss or damage to any person or property in or upon the premises leased and let, and the Tenant assumes all liability for and on account of any such injury, loss, or damage, and will at all times indemnify and save harmless said Landlord for from and against all liability, damage, and expense, caused by or growing out of any injury, loss or damage, to persons or property upon the pr!Omises hereby leased or let during the term hereof, subject however to the limitations imposed by 5768.28, Florida Statut!Os. 9. TBllIIDQ.TXOB' SBCAVSB Oil DBIIAULT. After occupancy. under this Lease has begun if the Tenant fails to comply with any of the terms of this Lease and such default continues without reasonable justification for fifteen (15) daye after notice to cure the default, the Landlord shall have the option of declaring tenant's right of occupancy terminated and shall be entitled to inunediate vacation of the premises or have immediate possession thereof, as the case might be, without forfeiting whatever further right the Landlord may have to damages for breach of Lease. Notice required for in this paragraph shall be given either (a) by posting on the door of the premises leased and let, in which case notice shall be effective on the date the notice is posted, or (b) by United States Mail by either Certified Mail or Express Mail, Return Receipt Requested, and shall begin to run on the date notice is delivered or the date delivery is first attempted if delivery is refused. No assent, express or implied, by the Landlord to a breach of any of the covenants contained herein shall be deemed to be a waiver of any succeeding breach of the same or any other covenant contained herein. 10. either the because of tornado I or DBSTllUCT:IOll Oil PRBlD:SBS. The Leaee will terminate at the option of Landlord or the Tenant if the premises b!Ocome uninhabitable condemnation, fire, hurricane, rising water, seeping water, other casualty not the fault of the Tenant. 11. mSPBCTXON D11ll.JJfG OCCUPANCY. The Tenant will allow th!O Landlord or any agent of the Landlord duly authorized in writing, to enter upon the premises for the propose of inspection at reasonable times and during the last month of this Lease will permit the posting of customary -For Rent- or -For Sale. signs, and after reasonabl!O notice will p!Ormit the Landlord or his agents to show the premises to prospective Tenants or purchasers. J.2. DYDlG. The Tenant acknowledges that the Landlord bas a master key to the premises and the Tenant expressly contracts, covenants, and agrees that the locks on the premises will not be changed without the express consent of the Landlord in writing. If a burglar alarm is installed on the premises the Tenant agre!Os to giv!O th!O Landlord a key to the burglar alarm system. -3- Agenda Item No. 16G6 May 22, 2007 Page 7 of 12 13. ALTBIlATJ:OJrS DID FIr.rIlJtBS, The Tenant has no authority to make any alternations to the premises or to incur any debt or make any charge against the Landlord to create any lien upon the leased premises for any work done or materials furnished without the express consent of the Landlord in writing. Any fixtures installed by the Tenant shall be at his own expense and then only with the Landlord's consent in writing and shall be affixed in a manner which will not damage the building and shall become a part of the freehold unless otherwise agreed in writing. In the event any fixture agreed to be removed or other personal property of the Tenant ie not removed at the expiration of this Lease the Landlord may treat the same as abandoned and may at the Landlord's option, charge the Tenant the cost actually paid for removal or treat said fixture or personal property as a gift to the Landlord and retain the same. 14. SIGlIlS DID BXTBRIOR OF THB PIlBIIJ:SBS, The Tenant is not to suffer any holes to be drilled or made in the exterior of the building, nor any placard to be placed on the outer walls, nor any signs to be on the premises, except such as the Landlord shall approve, and then only in such place and so affixed as shall be approved by the Landlord and shall first be prescribed in writing. 15. 'l'A%BS, A. Unless the Tenant is exempt from payment of sales taxes I the Tenant agrees to pay to the Landlord monthly, all sales taxes imposed on the rental of the leased premises, as well as the sales taxes on those other items paid under this LEASE AGREEMENT that the Florida Department of Revenue has defined as sums upon which the sales taxes are due. The Florida Sales Taxes shall be paid to the Landlord each month with the monthly rental due. B. Tenant agrees to pay to the Landlord monthly, 1/IBth of all ad valorem taxes imposed or charged against the premises in and upon which the leased premises is situate, being the lands set forth and described on the attached Exhibit "A". Tenant agrees to escrow 1/12th of l/lBth of the estimated ad valorem taxes imposed on the lands described in Exhibit "A", with the Landlord monthly. The current ad valorem tax escrow is $B5.00, per month. 16. ASSICIlIlIIBHT DID lII'l'IGATIOJr OF DAKAGBS, The Tenant shall not assign or sublet the premises during the initial term hereof, or any renewals thereof, without having first obtained the written consent of the Landlord. If during the initial term hereof, or any renewals thereof, without cause and without having preeented a suitable assignee or sub-tenant (what constitutes a "suitable" assignee or sub-tenant shall be in the sole discretion of the Landlord but shall not be unreasonable), the Tenant vacates the premises it shall be the duty of the Landlord to mitigate damages by either (1) terminating tbis Lease, in which event the rent shall abate from the date the Lease is terminated, or, (2) by making every reasonable effort to re-rent or lease the premises to a suitable tenant for the remainder of the lease term as agent for the Tenant. Tenant has posted a $500.00, damage and lock change deposit. 17. USB, CHlIIiGB Dr IJrSURANCB RA'l'BS BBCAUSB OF USB, QUIBT B!l'JOYMBBT, DID LOCAL LAWS. The Tenant covenants that he will use the premises in compliance with all laws and ordinances applicable to the leased premises and in a manner that will not increase the fire insurance rates on the building in which the leased premises is located. For the purpose of determining whether tenant's use is such as to result in an increase in the fire insurance rates, it is assumed that the present fire insurance rate is predicted upon the building in which the leased premises is located is being used solely as an office and ret~il complex not involving the consumption, sale, storage, or use of inflammable gases, materials, or products, and Tenant contracts, covenants, and agrees to use thenpremises solely as an office and retail space not inVOlving the consumption, sale, storage, or use of inflammable gases, materials, or products. -4- Agenda Item No. 16G6 May 22, 2007 Page 8 of 12 Tenant further agrees not to use the premises in such a manner as to disturb neighbors and not to accumulate junk, trash, debris, or any other matter or material around the exterior of the premises. The Landlord covenants that the Tenant upon complying with the terms of this Lease and on paying the rent provided for herein, shall peaceably and shall quietly have, hold, and enjoy the premises leased and let hereby for the full term of this Lease and all renewals, if any, thereof. :1.8. TDIB OJ' TIIB BssmeB. Time is of the essence in the matter of possession of the premiees, and the failure of either party to permit possession thereof shall entitle the offended party to any damages provided by law. Provided however, if initial possession on the date provided is denied the Tenant because of possession by third parties, or otherwise through no fault of the Landlord, the Tenant may, upon being so denied possession for a period in excess of thirty (30) days terminate this Lease by notice to the Landlord and if so terminated the Tenant shall be entitled to a return of any money paid under this Lease. 19. AGBRTSa The Landlord may authorize an agent to act in his stead by giving such agent a written Power-af-Attorney, general or special, to act in all matters within the purview of this Lease upon furnishing the Tenant a signed and notarized copy of eaid written Power-of-Attorney as provided for hereinabove. Attorneys engaged by the Landlord to represent the Landlord, licensed to practice the State of Florida, shall not be required to furnish proof of their authority to act on behalf of the Landlord. 20. ATTORKBYS' I'BBS. In the event that the Landlord or the Tenant must engage the services of an attorney to enforce any of the terms of this Lease, it is expressly contracted, covenanted, and agreed, by and between the Landlord and the Tenant that the prevailing party in any such action, shall be entitled to recover their reasonable attorneys' fees as well as the Court costs which might be incidental to a suit brought for the purposes of enforcement of any or all of the terms of this Leaee. If the Landlord shall be an attorney-at-law, Landlord may engage himself. 21.. DAMAGB DBPOSIT AND Loa CHANGE PBB. The Tenant is required to post a deposit of $500.00, to first be applied toward the cost to the Landlord to repair any damage to the unit upon vacation by the Tenant, and secondly to cover the cost of changing the locks to the unit. The use of these deposit monies ehall not be the exclusive remedy of the Landlord in the event of damage to the unit by the tenant, its guests and invitees. Any unused deposit shall be returned within 30 days of Tenant's vacation of the premises. 22 . SALB OJ' PRBJaSBS. Should the Landlord eell the real property upon which the premises leased and let hereby is located, the purchaser from the Landlord shall have the right to terminate this lease agreement upon ninety (90) days notice to the Tenant(s). 23. BOLDDlG OVER. Should the Tenant hold over possession of the premises beyond the expiration date of this lease, or any renewal thereof, all of the terms and conditions of this lease shall apply during any period that the Tenant might hold over, except that the Landlord shall have the right given by 583.06, Florida statutes, to double the rent for any period that the Tenant holds possession of the premises beyond the lease term, or any renewal thereof. 24. SUBORDDlATION. This Lease shall be subject and subordinate at all times to the lien of existing mortgages and mortgages which hereafter may be made a lien on the premises. Tenant expressly agrees to execute and deliver such further instruments required to subordinate this lease to the lien of any such mortgages as shall be desired by any mortgagee. -5- Agenda Item No. 16G6 May 22, 2007 Page 9 of 12 25. COJIDBMNATJ:Ollh The Tenant expressly waives the right to share in any condel1Ulation award for the governmental taking of all or any part of the premises leased and let hereby, and expressly waives the right to share in any condel1Ulation award for a governmental taking of any portion of the property described in Exhibit 'A'. 26 . DBLIlTBD. 27. SHOPPDl'G CBlITRR LUSIl. The Landlord and the Tenant each acknowledge that this is a 'shopping center lease' and that as such it is in the best interest of the Landlord, the Tenant, and the other tenants in the shopping center to have a mix of tenants in the shopping center, and that it is for this reason, among others, that this lease is not freely assignable by the Tenant, and may only be assigned with the express written consent of the Landlord, to a compatible, comparable tenant approved by the Landlord, in writing. What shall constitute a 'compatible, comparable tenant' shall be in the sole discretion of the Landlord. 28. TRASH RBCBPTACLBS. A. Tbe Tenant expressly agrees not to leave any trash or garbage on the exterior of the premises leased and let hereby and understands and agrees that all trash generated on the premises must be deposited in the encloeed dumpster located in the northeastern corner of the center on Bayshore Drive. Tenant further agrees that any trash or garbage of a perishable nature is to be placed in air-tight plastic bags before being deposited in the dumpster container to avoid any unpleasant odors. B. Tenant expressly agrees not to use the trash receptacles on the walkways in front of the units, those trash receptacles being reserved solely for the use of the patrons of the shopping center and not for use by the Tenants. 29. HAZARDOUS MASTSS, The Tenant expressly contracts, covenants, and agrees not to place in the common trash receptacle or dumpster any hazardous waste as defined by State and Federal Law, and to dispose of all hazardous waste in the manner prescribed by State and Federal Law. 30. COOD:IIIG 1IIOT PBRll.LHJW OR'TRJ: PRlIIIISBS. It is expressly agreed by and between the Landlord and the Tenant that cooking facili ties on the premiseB are expreBBly prohibited, and that the Tenant will not cook or have any cooking facilitieB of any kind on the premises. 31. NO SKOlCl:N'Q IIllllfiT. Tbe Tenant expressly agrees that no smoking will be permitted in the unit leaBed and let hereby. If the Tenant, its guests and invitees, do smoke in the leased unit, the Landlord may terminate this LEASE AGREEMlnlT, and Tenant agrees to pay for replacement of the air-conditioning unit and ductwork to remove tobacco smoke and residue, and for the chemical treatment of the unit to remove smoke odors, replacement of the ceiling, replacement of the flooring, and the painting of the unit. 32. LATlI CHARGB. Any sums due and payable under this lease that are not received within fifteen (25) days the due date are subject to a late fee of five percent (5%) of the late payment. 33. RERBWALI At the end of the initial lease term, if the Tenant sha11 not be in violation of any of the lease terms and conditions, the Tenant is hereby granted an option to renew this Lease for an additional period of twelve (22) months, by notifying the Landlord in writing, by Certified Mail, Return Receipt Requested, at least sixty (60) days prior to the termination of the initial lease term of its intention to do so. All of the terms and conditions -6- Agenda Item No. 16G6 May 22, 2007 Page 10 of 12 of this Lease shall apply during the renewal term, except that the base monthly rental shall be increased to $895.00, per month. 34. REFIlRJDtCES TO GI!lIDER, THB SIllGULAR AJID THB PLURAL, Where referenced are made to the 'Landlord' and the 'Tenant' the same shall be construed for the singular, the plural, individual, or body corporate, as the context requires. 35. LANDLORD AJID TBN1HT'S ADDRESSES POR NOTICES. Landlord's Address: Tenant's Address: Suite No. 302 900 Sixth Avenue South Naples, Florida 34~02-6792 Unit No. 17 2740 Bayshore Drive Naples, Florida 34112 36. TAX D>BNTJ:PI:CATI:ON NOMBBR; The Tenant's social Security or Tax Identification Number is: Not Applicable. BY SIGNnIG T1US LEASE AGREEIIEN'1', THB TX111lN'1' AGREES THAT UPON stI1UlEI!IDBR OR ABAJlDOIlKBN'l' AS DEP:INKD BY PLORDlA STATll'rBS, THB LAJlDLORD SHALL NOT BE LJ:ABLB OR RESPONSIBLE POR STORAGB OR DISPOSITION OP THB TBRANT'S PBRSOHAL PROPBRTY. IN WITNESS WHEREOF, the Tenant has executed this LEASE AGREEMENT this the day of February, A.D., 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SITTING AS THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, TENANT t~k.' J.t&- [LSJ By: this the Executed in WJ.tness APPROVED AS TO PORK AJID LBGAL Sll'FPICIIlNCY '-1Tl~ 01). ~-~ (ho.~on'e.. m. 'Si-ucl_-d-- S-r;dt''''5 ssi.stant County Attorney (2) C':C:Ult'ga~e.~"" aev: (J~/J~/D7 -7- Agenda Item No. 16G6 May 22, 2007 Page 11 of 12 EXHXBXT -A- A parcel of land being a portion of Lots 37 and 38, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS, NO.2, according to the map or plat thereof recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida, more particularly described as follows: From the Southeast corner of said Lot 37, run Westerly along the South line thereof for 25 feet to the West line of Kelly Road; thence North, 228.46 feet along said West line of Kelly Road for the POINT OF BEGINNING of the parcel herein described; thence South 89 Degrees 53 Minutes 50 Seconds West, 762.11 feet to the West line of said Lot 38; thence South 0 Degrees 06 Minutes 10 Seconds East, 189.39 feet along said West line of said lot 38; thence North 89 Degrees 55 Minutes 50 Seconds East, 761.77 feet to the West line of Kelly Road; thence North, 188.46 feet along the West line of Kelly Road to the POINT OF BEGINNING of the parcel herein described. ALSO DESCRIBED AS: A parcel of land being a portion of Lots 37 and 38, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS, NO.2, according to the map or plat thereof recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida, more particularly described as follows: From the Southeast corner of said Lot 37, run Westerly along the South line thereof for 25 feet to the west line of Kelly Road; thence North, 228.46 feet along said West line of Kelly Road for the POiNT OF BBGINNING of the parcel herein described; thence South 89 Degrees 53 Minutes 50 Seconds West, 762.11 feet to the Weet line of said Lot 38; thence South 0 Degrees 06 Minutes 10 Seconds East, 189.39 feet along said West line of said Lot 38; thence North 89 Degrees 49 Minutes 40 Seconds East, 761.77 feet to the West line of Kelly Road; thence North, 188.46 feet along the West line of Kelly Road to the POINT OF BEGINNING of the parcel herein described. e:ClI]Eg.t:a.14A ...v. 01/.)1/0'1 -8- FIRST AMENDMENT TO LEASE AGREEMENT Agenda Item No. 16G6 May 22, 2007 Page 12 of 12 THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this tst day of June, 2007, at Naples, Collier County, Florida, by and between Lafayette N. Ingram, III, doing business as Gulf Gate South, a registered fictitious name, hereinafter caned "Landlord", and Collier County Community Redevelopment Agency, a political subdivision of the State of Florida, whose mailing address is 3301 East Tarniami Trail, Naples, Florida 34112. hereinafter referred to as "Tenant", WITNESSETH WHEREAS, the Landlord and Tenant have previously entered into Ii Lease Agreement dated February 28, 2007; WHEREAS, the Landlord and Tenant are desirous of amending the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided herein and within the said Lease and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: 1. The description of the premises of the Lease Agreement on page one is deleted in its entirety and replaced with the following: Unit Number 10, in that Office and Retail Complex known as Gulf Gate South, the street address of which is: 2740 Bayshore Drive - Naples, Florida 34112, constructed upon that tract, parcel, or piece or real estate described on the attached Exhibit "A", attached hereto and incorporated herein by this reference. 2. Except as expressly provided herein, this Lease Agreement between Lafayette N. Ingram, III and Collier County Community Redevelopment Agency of utilization of the demised premises described in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the Landlord and Tenant have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE TENANT: DATED: BOARD OF COUNTY COMMISSIONERS, COLUER COUNTY, FLORIDA SITTING AS THE COLUER COUNTY COMMUNITY REDEVELOPMENT AGENCY, TENANT ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BY: DONNA FIALA, CHAIRMAN AS TO THE LANDLORD: DATED: BY: LAFAYETTE N. INGRAM, III, LANDLORD Witness (Signature) (Print Name) (Print Name) Witness (Signature) Approved as to fonn and legal sufficiency: .,-n"ilfi'" -001 (In.l,,(,d;-&,j~ Marjon . Student-Stlrhng () Assistant County Attorney Agenda Item No. 16H1 May 22, 2007 Page 1 of 5 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONIEVENT: Fifth Annual Tourism Week Celebration PUBLIC PURPOSE: To support the Tourist Industry and celebrate their successes that have brought thousands of visitors to Collier County. DATE OF FUNCTIONIEVENT: May 16, 20097 FISCAL IMPACT: $30,00 Funds to be paid from COlnmissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: May 22,2007 -- Page I of 1 Agenda llem No. 16H1 May 22, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 15H1 Meeting Date: Commissioner Coletta requests approval for reimbursement for attending a function serving a v.,lld public purpose. Commissioner paid in advance to attend the Fifth Annual Tourism Week Celebrat!on Luncheor:on May 16, 2007 and is fequestlng reimbursement in the ernountof 1:,Q,OO,toben,Jidfromh:sll'av8:budget 5f2212007S:0000AM Prepared By Nancy Ro:;;iak BOllrdofCounty Commissioners Executive Aide to the BCC Date BCCOffice 5/10120079:26:JlAM Approved By Sue Filson 80ard 01 County Commissioners Executive Manager to the BeC Date Bce Office $/1OIZ0079:37AM Approved By JamesV. Mudd County Maoager Date Board Of County Commi~$;oners County Managet's Office S/10120071:59PM file://C:\AgendaTest\Export\83-Mav%2022.%202007\] 6. %20CONSENT%20AGENDA \] 6.. 511612007 rosiak_" Agenda Ite~b~g~~ May 22, 2007 Page 3 of 5 From: HaschakNicole Sent: Tuesday, March 20, 2007 1 :05 PM To: DeBenedeltoDebi Cc: HaschakNicole Subject: Tourism Week Celebration - Save The Date - May 16, 2007 Attachments: image001.png Save The Date Fifth Annual Tourism Week Celebration May 16, 2007 Location: The Ritz-Carlton Golf Resort, Naples 11 :OOam - Press Conference - Tourism Industry Annual Update II :30am - Registration and Networking I 2:00pm - Luncheon and Awards Celebration "':\ \ / , , jIA;., \ I '- ~ ""/" :".,,, "\ ./ "',,-, ..' L. "'4 '...;t--"' j Paradise Coast 5/2/2007 I f , , Agenda l!ewr1.J6%~1 May 22, 2007 Page 4 of 5 - HastingsKendra From: HaschakNicole Sent: Tuesday, April 17, 20072:32 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 !'Jiccol!,!H~scI1a!s.~ollit;lrGov .net yvI/I1\IV,E?radiseCoast.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, .K-endrCi HCisttrtgS Kendra Hastings Executive Aide to Commissioner Donna Fiala Phone: 239-774-8097 Fax: 239-774-3602 Email: K~dr~hasJin9-s@colliergoy.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 Agenda Item No. 16H1 M~a~~2' 2007 '~~ 40jo f..'..",. PlJoard o/W~ Yiownty Yi~ 3301 East Tamiami Trail- Naples. Florida 34112.4977 (239) 774-8097. Fax (239) 774-3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 May 2 2007 Ms. Niccole Haschak Sales & Marketing Asst. Naples Marco Island Everglades Convention & Visitors Bureau 3050 Horseshoe Drive N., Suite 218 Naples, FL 34104 RE: Fifth Annual Tourism Week Celebration Dear Ms. Haschak: Thank you for your invitation to join you at your Fifth Annual Tourism Week Celebration on May 16, 2007 at the Ritz-Carlton Golf Resort. I am pleased that you included me in your invitation and by way of this letter am letting you know that I plan to attend. Per my "no gift policy" I am enclosing herewith my personal check for $30.00 to cover the cost of my lunch. I'm looking fOIWard to this meeting and will see you then. IC: nkr EncI: Personal Check $30.00 Agenda Itern No. 16H2 May 22, 2007 Page 1 of 10 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 detennined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Ave Maria University's Commenccment Ceremonies PUBLIC PURPOSE: To honor the graduates of the newest University in Collier County. ~,,_. DATE OF FUNCTION/EVENT: May ]2, 2007 FISCAL IMPACT: $12.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-4] 0, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: May 22, 2007 r"~- Page 1 of 1 Agenda Item No. 16H2 May 22, 2007 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: ttemSummary: 16H2 MeetIng Date: Commissioner Coletta requests aoprovallor relmbursemsnt for attendmg a function serving a valid public pumose. Commissioner paid in advance to attend the Ave Mana Univeristy's COfnlTlencement Ceremonies and luncheon and IS requast'flg reirnbursement in the amount of$1200,tobepaldtromhistravelt,udget 5122/200790000.4M Prepared By Nancy Rosiak Executive Aide to the BCe Date Board of County Commissioners BCCOffice 5110:20079:44:25AM Approved By Sue Filson Executive Mllllag",r to the BCe Date Board of County Commissioners BCCOffice 5110120072:15PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/10!2007 3:59 PM file://C:\AgendaTest\Export\83-May%2022,%202007\ 16. %20CONSENT%20AGENDA \] 6.. 5/16/2007 A~r-Il-ZUOT ID:l0.m From-D...;op..nt Fa. . mmmo T-241 A'Qiiil1l'~$tenf.1OJ2j. 16H2 May 22, 2007 Page 3 of 10 DATE: April 12, 2007 PAGES INCLUDING THIS ONE: 3 FAX TO: Commissioner Jim Coletta FROM: Dr. Carole Carpenter, Vice President of University Relations Ave Marla University RE: Invitation to the 2007 Graduation Ceremonies at Ave Maria University MESSAGE: Please see the attached invitation to the 2007 Graduation Ceremonies at Ave Maria University. You are cordially invited to join us! Please RSVP to: Carole Carpellte., Ed D. vIce PRESIDeNT Fon t:r-:rvERS"'Y RfbATIill!5 239-2So.:Z:i?2 rd 239.)l2.239;:{.... 412.352.1692 CItI-J CC.:Jrf)t!!lIfcr@ollCmQ.ria,eau 102$ COtnmom Cin::I,_ Nal,lcr,. FL 34119-1175 lIIIww.napl......v.Rulria,t'1hl ~w Il-ZOOT 10: lOam Frcm.Olvl!opment FiX mZ80l!OO 1-148 POOl/DO! 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"" '. - , 1: 'lI .!!O U '" c: ..r::. >- <( ~ :r " (J; ,., "'iO c:J u ro -..;. u :r: -g '" c; '- Z ;:) 0.0 <Ii L 0 " <lJ " Il> ::J 9. U ro tc) <( ~ a .~ '" -'" Q) E ;;.. ro r '" '" ,,:. -:r E V) E ro 6 C i..') u l) -;;; " <U .'" l' , ro c: " ::: u .0 0 0 ~ c: " <II all <.r) U :; <li -' co .;: I- -0 C cD W. ~ "'I ~ v 0 'c ro <.Il 0 <.) i:5 ...; i..') V) /_m__. ----... .------- -' '\ -----~ ,. ~ '''"', -, c. .".~) ....J > Agenda IV~J.~ May 22, 2007 -', Page 5 of 10 roaiak_" From: IRMAOutlook' Sent: Tuesday, Aprtl17, 20074:46 PM To: rosiak_n Subject: IRMA Message: Sue Aceto-Telephoned Contacts: Sue Aceto Caller: Sue Aceto Oompany: Ave Maria H B (239) 280-2501 C Message: re: your RSVP, Lunch costs $12. TELEPHONE MESSAGE SeDt By: ResnickLisa Lila Resnick AdmInlslnllMl AIde to !he Bce 3301 East Tamlaml Trait W. Harmon Turner Building Naples, FL 34112 Tel. 239-774-8097 Fax 23lH74-3602 lis,a_~_sni.cls@!&IW~rgov,D~! 411812007 4~r-13.Z0DT 10,10.. Fr..-....I....nt Fa, Z39mzsoo T-241 A~~qfum'i\M116H2 May 22, 2007 Page 6 of 10 The r"vor of a rcp y 's ""'que'led by April 27, 2007 JY1~m ~) c.o(lliA.IS~iONen.. ,1>5 Ac:c~pt 'Nil., p!ea:'I.Jr<.:: YOi..lr invitation t.:" ~h~ .gr.;dLlsti,-) 'i cer€HlQrie-i. Pl.......~:' 1<.'O;l.:ut~ { 1,(,,:- '..r 0~1"h w;l~ .Jlt'i,"ld wiil attend the B2cc"la"re6t., Mass .x.. ",ill ;i:lJ,i:olld the Ccmfne'icCm(~nt C~romr)ny Doc! ne VJI:h rli-1':l:-ets - '" A~r-ll.Z007 10:10,. Frc.-Olv.'cp..nl Fa, . 1391801500 1-248 flI9~I!I'~$ienl~. 16H2 May 22, 2007 Page 7 of 10 DATE: Apri/12, 2007 PAGES INCLUDING THIS ONE: 3 FAX TO: Commissioner Jim Coletta FROM: Dr. Carole Carpenter, Vice President of University Relations Ave Marla University RE: Invitation to the 2007 Graduation Ceremonies at Ave Maria University MESSAGE: Please see the attached invitation to the 2007 Graduation Ceremonies at Ave Marla University. You are cordially invited to join us! Please RSVP to: Carole Carpenlel, Ed D. '\11<:'[ PRESlDE>iT FOR C"IVEHSI1'Y RFJ..;\I!Q!;5 239.280.2572 Id 239.)S2.1392/"x JfJ}~3..)2.1692 cell ccarpe1/fCr@i1liCmuria.edu 102,5 COtnmoOJ eic!;:l", Na.p:c~. f'L ~41l9. j 37~ Www.napln..avemari..edu ~wl3-ZS07 10:10a. Frc..D...lop..nt Faa mzasmo 1-:49 P. GOl/OOS HZI Nr--O IO~ ,-,,0- __N 0 -i'" , OJ 0> E ~m Jgzo.. <r. '" ...: .S! ,... '0 <: <:J c '1> 0 I OJ v ~ e ~ 0> 0 -' E ~ ;r. ii) <( <r. ,... <lJ >- 0 -'L <1> '" "" iJ) > <r. '" U ... '" :::: (j) '" ... r:l C (j) <::l QJ Q. ... 0' .., '" c ;>. U '" rn U ... ~ ~ Q. '" -' > <::l " -a:; v V'J III ..c "'5 OIl 'r; 0 c c -' ~ c ... C N " -2 0 -' -0 c <1> Q Vl ~ Q C u ::J <.- u. e .... '" c: :;:, 0 ;l:; ..., '"tl v v llJ Z -2 u. III '" <1l <1l III 0: .,; ;;: :J .;: '" :J " C III it. (\) Vl ... v <<J '" OJ :- Q) ." '" :J " 0.0 ~' ..<:: <1l :z <tJ cu >- ~ :J 0- u O!l U 0 -;;; c ... >- l? III 0: 0 OJ OJ CJ '" l? QJ :l.J -0 QJ ..c Z E C'_ ..c > r-... 'C ..., U a: <I. -' > " E ..c .:; 0 u. Qj QJ .... t: 0 OJ ~ 0 .;;;:, N ..., U f- Q! OJ ..c .;;;:, ..., .... \ I- :!\ ..c . u 0 ~ ... '" if, ~ 0 0 -0 "'" '" r-... ~ (j) ..c ~ 0 G 0 :2 ro '" > -' ~ u ~. :E 0 .::; c '" :0 V> U N c; QJ " V1 ~ 0 N ~ ~ Q.I L: -0 E L: 15 .'!fl :.::; fa 0 ~ "'- ~ ~ ~J <:> U '" ,... 0: ..c ..., u ,... <i .... ::r: " Q) ..., lib <tJ -" u :r: -g L '" 0 '" c L " ;;;J Z u (j) 0 :J QJ a '" ro 9. III E ,.., <r -' - ..!E QJ ,:.. no . ~ " :>.. "'I E (/') E IV 6 c \.9 u LJ -;; v '" ~ l' ~ <0 c C :r: u v 0 0 .~ c " '" aD 10 U :; <1! -' '" 'L f- " C CO u.. 5: "'I' ..., -0 0 'c '" V> '0 \) 0 ~ l? V) /--....- --~ ':) " '. c- " ~7;} .^' ~ Agenda f~:!<.~ May 22, 2007 --, Page 9 of 10 roaiak_" From: Sent: To: IRMAOutlook' Tuesday, Apr. 17, 20074:48 PM rosiak_n Subject: IRMA Messa!le: Sue Aceto-Telephoned Contacts: Sue Aceto Caller: Sue Aceto Company: Ave Maria H B (239) 280-2501 C Message: re: your RSVP. Lunch costs $12. TELEPHONE MESSAGE Sent By: ResnickLisa LisaResnlck AdmlnlstralillO AIde to the Bee 3301 East Tamiaml Trail W. Hannon Turner Building Naples, FL 34112 Tel. 23\1-774-8097 Fax 23\1-77+3602 HsarJil~!li~!5..@~"Qm~r:gQ"".oet 4f18/2007 ~pr-ll-%ODT 10:10.. From-hvll.pm..t F.. %39mmo T-241 A~eIWMP~1emFrJ\J116H2 May 22, 2007 Page 10 of 10 The r"JIIOf of a n:op y !s r'f~qL.ested by April 27. ').()07 1v1&-1i....... ~, r--DI\I~IS~;ONE12- I D5 Ac;c~pt 'Nih p'e~s~Jr<;: your invitF1ltiori to th.;!! cr.;duatio"l cer€rnorie-s. PJ",.I\.;:, 1("J;CUt!t (,,(.:- r.:r i;..o'h ....;li ,J(l,:,'\l;:1 w,[1 ~ttend th.. 8<ccol~",.e"t'!< Mass .X will ;at+.or'ld the COmfl1e'lCCml:.-:.nt Ceromony _ Doc! ne wi:h fEg'"ets to the V.S. Deportment of Justice, in one children missing: and, on overage; there ore on estitnotedoverage of 2, 185chitdren rePlJrted to law enforcement agencies daily:ane/,' WHeReAS, 58,200 of these children ore victims of non-family abductions and more 200. 000 ore the victims of family abductions: and, WHeReAS, the Notional Center for Missing & exploited Children (NCMeC) exists as a resource to help prevent child abduction and sexual exploitation, help find missing c~/Idren, and assist 'victims of. child,ab1uc~i~/t'(JfI~se)(lIar exploitation;-' their tOll1ilies; and the professionals,whoserv,!,fhem:Qnd,- WHeReAS, although the NCMeC assists law enforcement in the recovery of 96% of domestically missing chl'ldren, too, many children remain'(JIn,?ng fhe'!!issing: and, WHeReAS, ArrE:Sr: --. .-.,. ,'-" national research has confirmed that safety prevention"education is critically important in protecting children from abduction and explaitatian: and, ;:., :' T, " ",,;;,,~;?P('~~ g~~):;~"" ," ',_, one/~,;sJJt, chlld~'J,,;{~~tJir!t!: r:;~,,:'f)f'~rJl,tg,:~istriblJtr()n Pr09raln:,:is recovered .:."-rect:resul ~~~($trie(jne~;iJgni~i'th~chiki in thepicture~' and, l~:f~:)I.': . "~ :: ~ <:,':';::' ,:~ of.the tiJCMeC/CollierCounty rents and children.. tj,;y,~gh partni 'ols, libraC!fst,~C,~']1/JJ,i.;hlty:,~~"'te,..f; c [zptkms in':our,c~irjrun/~:.,,!,,~-, ~ ay 25,..2007; NCMeC/Collier. County professionals 'and volunteers a~' the Co res and fre~ child jD~ndJ'Ingerprinti prevef1~io~'~ducat(on '-I,/OW enfo,.cem~nt nd other child- and county law all to provide ilies in our ANDORDeR€D rHIS 2Z'" Day of May, 2007. BOARD OF.COVNTYCOMMISSIONeRS COLLII5 VN'TY. FLORID V~.~ /' /' J: / 0/ .t;,OLETTA~SHA.lRM4N. __... /)WIGHr E- BRocK, CLeRK Page 1 of 1 Agenda Item No. 16H3 May 22, 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H3 Proclamation to ,jeslgnate May 25 2007 as National Missing Children's Day to encourage all COrflmunily members 10 leach a child Important, possibly Irle-sa vtng, safel\' lips as parI of the continumgeflorts In Collier Couotytoprevel1\ar)duclionarld s8xuale;:ploita110n OfOlildrerl To be rrl;Jlled 10 Ms Kathleen Curalolo. E~eculive Director Nalional Center tor Missing and ::>:ploited Childron, Collier County Meeting Date: 5/22/2007 ~IOC,DO AM Prepared By Lisa Re~nick EKBcutive Aide to the BCC Dale Board of County Commissioners BeCOffice 5/10120072:38:53 PM Approved By SUI' Filson E~ecutlvf' Manager to the BeC Date Board of County Commissioners BCC Office 5110/20073:04 PM Appro,'ed By James v, Mudd COl..lntyManager Dote Board of County Commissioners County Manager'sorfice 5110120073:51 PM file:/ /C:\AgendaTest\Export\83- May%2022, %202007\] 6, %20CONSENT%20AGENDA \ J 6.. 5/16/2007 A(lenda Item No. 16H4 . May 22, 2007 . Page 1 of 2 PROCLAMA rION WHEREAS. Callier County Bureau of Emergency Services. Depprtment of. Emergency Medical Services paramedics care fOr victilTlsof fudden life-threatening injuries and f1lnesses. often understressful conditions and in high-risk situations. to save the lives of others;, and, WHEREAS, EMS paramedics must rapidly assess, manage, and effectively provide care in unpredictable situations that may require pJtting' themselves in danger: and. . WHEREAS. EMS paramedics are often the first contact many residents and visitors to Florida have with the health care system. and the residents of and' visitors to the'State of Florida. benefit daily from their efforts: and ~. WHEREAS, EMS parameifi' " , ,.;<'[,.;~ , . referral sllrwces,m,a , ' , i~~;~~3r~Y'" ~''', ", _ WHEREAS. it is Co ,ihat thege~"'al pqblic be ma . unde.i;'Supparit;.ct{nt! e(f,ectivelf: u,se its t. :.~,'"' ' .""" "'_,i:' d:' ",' .', / ,(",' me ,Ylce5; sY;~te.!!Jt~i: /:>.;_ ," \ ;" "t ,~" " -' ),i' ",'". ' 1::;'_~. " / _' :_ _, _,,~ '",', ---., ",:'-,' v WHEREAS, rec is due:: to all emergency medica/pro roleJ far their uri'selfish dedicatio d visitors. ':' '<"~}'\i ;~ ) ,. ',' ',- .; , p'roclaimedby the Board of Cad, tounty. F/~;'ida. that the( weeJi'o fl':~'- '\'q -;;:'lh ",,~, ''''i'i- '{i "~,:fJ" ' <.200h., sfgnatea as, I ~~~;~~~~~~f;& '," ;,~~~ii,~W~:;:t~ f;i~::,~rl\'>, CO!.t.:rER COUNTY E-1lG 6 ~ -1lBDICAf;. . '~~i "-.:'~;' :ii_1:\~:i~\:~~;':H: ,{:t,::~:: '>j! ,,!;,;~~':Lj~Y.t ;'/" DONE AND ORDERED an this 22nd day "fMay, 2007. ATTEST: t 7' COLETTA, 'CHAIRMAN ----...,,' - Page 1 of I Agenda !tern No. 16H4 May 22. 2007 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H4 Meeting Date: Proclamation designating May 20 . May 26. 2007 as Collier County Enlergency Medical Services Week. To be sent to Jeff Page Chief, ColliN County EMS ~/2212007 80000 AM Prepared By Lis~ Resnick E~llcutt\le Aide to the BeC Data Board of County Commissioners BCCOffice 5110/20072:4$:40 PM Approved By Sue Filson Executive MlInagertothc BCe Date BOllrdofCounty C"mm;ssioncrs BCCOffice 5/10120073:03 PM Approved By JamesV. Mudd County Manager D~le 8o~rd ofC(,unty Commissioners County Manager's Office 5110120074:14 PM file:/ /C:\AgendaTest\Export\83- May%2022, %202007\ 16. %20CONSEN'f01020AGENDA \ 16., 5/1612007 Agenda Item No. 16H5 May 22, 2007 Page 1 ?f 2 PRO C LA MA T r 0 N. WHEREAS, mental health is essential to everyone's overall physical health and' emotional well-being: and, WHEREAS, menlol l'llness wf'll strike one. in five adults and children in a given year regardless of age, gender, race, ethnicity, religion, or economic status: and, . WHEREAS, people who have mental illnesses can recover and lead full; productive lives: and, WHEREAS, an estimated two- thirds of adults and young people who have mental health disorders are not receiving the help they need: and, WHEREAS, the cost of untreated and mistreated mental illnesses and addictive . disorders to American b ver,nments, and families has grown ""M:hf.J:.' I~U" ''',,;, <' ,c to $ J 13 billion an WHEREAS, . ,pnd family needs . community: and, WHEREAS, th Association tal Health . 'Standing of - .\;{tii~ {!,j; ~ and call upon all cft nnmen a 7 ,..public and private ',,- '.-c', '_WI~ >'", j ~ fJ' ~? institutions, and busines d si;hob/~ In Collier County to recommit the /';"', ,'I ~'''<'_L'!"_,, community to increasing awarenesl and understanding of mental health, and the need for appropriate and accessible services for all people who have mental illnesses. DONE AND ORDERED THIS 22nd Day of May, 2ooT. ATTEST: Page] of] Agenda Hem No. 16H5 May 22, 2007 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lIemNumber: Item Summary: 16H5 Proclamation to designate May 2007 as Mental Health Awareness Monlt"l To be sent to Ms Petra Jones. Executive Director The Mental Heaith Association of Southwcsl ;:Clarida Meeting Date: ~122i20079,OO:OO.A.M Prepared By Lisa Resnick Executive Aide 10 the BCe Date Board of County Comrni!;.sioners Bce Office 5110120073:02:34 PM ApprovedRy Sue Filson Ellecutive Manager to the BCe Date Board of County eommi~siollers BCCOffice 5110120073:02PM Approved By JamesV. MUdd County Manager Date BoaroofCounty Commissioners County M3nager's Office 5110120073:56 PM filc://C:\AgendaTcst\Export\83~May%2022,%202001\ 16. %20CONSENT%20AGENDA \ 16.. 5/1612007 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, PROCLAMATION Agenda Item No. 16H6 May 22, 2007 Page 1 of 2 the Immoko/ee Foundation was formed in 1991 by philanthropist Parker Collier to help improve the future of Immokalee's children by raising the awareness of and financial support from neighboring Neapolitans and its Mission is "building pathways to success for the children of Immokalee;" and, the Immokalee Foundotion distributes from $80,000 to $100,000 onnuolly to Immokalee programs that support its mission and has distributed in excess of $1.5 million to projects supporting early learning, college preparatory, and emergency oid to the children of Immokalee, and plans to distribute $5.6 million over the next five years to various community partnerships, programs, and scholarships; and, the Immokalee Foundotion partners with Collier County organizations that support Immokalee's children throughout the duration of their educational lives, an approach The Immokalee Foundation recognizes as "Cradle to Career;" and, the Immokalee Foundation financially sponsors up to 75 Immokalee children enrolled in The Education Foundation of Collier County's "Take Stock in Children" mentoring and tuition-assistance programs, and 14 of those children will graduate from Immokalee High School in June, the first group of the Immokalee Foundation-sponsored students to do so; and, the Immokalee Foundation plays a positive and significant role in the education of Immokalee's children and aims to expand its valuable work by further partnering with other community organizations, leaders and volunteers; and, the Immokalee Foundation recognizes the volunteer efforts of Ellen Harris and the charitable contributions of Bay Colony, Port Royal and numerous other communities, private individuals, and civic groups in Collier County. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that May 21, 2007 to May 25, 2007, be designated as IMMOKALEE FOUNDATION WEEK in recognition of its continued service to the community of Immokalee. DONE AND ORDERED THIS 22nd Day of May, 2007 - ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK Page ] of I Agenda Item No. 16H6 May 22, 2007 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H6 Proclamation designating May 21 2007 to Mal' 25 2007 as Irnrnok",lec; Foundation Wsc,k Tvbernailedtothelmmokalee Foundation Meeting Date: 5f22/200790000AM Prepllred By Lisa Resnick Executive Aide to tile BCC Date Board of County Commissioners BCCOffice 5/1012007 3:0ll:4~ PM Approved By Suo Filson EXllcutivo Manage. to the BCe Dato Board of County BceOffice 5/11/20078:51 AM Commissioners Approved By JamesV. Mudd County Manager Date Board of County CommissionsI'!> County Manager's Office 5/t1l20D71D:32AM filej/C:\Age!ldaTest\Export\83~May%2022, %202007\ 16. %20CONSENT%20AGENDA \ 16... 5/1612007 Agenda Item No. 16J1 May 22, 2007 Page 1 of 20 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF APRIL 28, 2007 THROUGH MAY 04, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Conm1issioners the disbursements for the period of April 28, 2007 thrOllgh May 04, 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 28, 2007 through May 04, 2007 and submit these documents into the official records. Prepared By: L /211//~ Lisa N. Melvin Assistant General Operations Manager Date: ~o/~r Reviewed By. Constance C. Murray, CGFO General Operations Manager Date: 5 J:fIO 't~ Page 1 of 1 Agenda Item No. 16J1 May 22, 2007 Page 2 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16J1 To obtain board approval for disbursements for the period of April 28 2007 through May 04, 2007 and for submission into the offtcJal records of the board Meeting Date: 5/22/20078.0GOOAM Approved By Connie Murray GeneralOperlllionS Manager Date Clerk of Courts Finance 5/8/20072:08PM ApprondB}' JamesV. Mudd Caunty Manager Date Board of County Commissioners County Manager's Office 5/9/20077:07 PM filc://C:\AgclldaT est\Export\83-May%2022, %202007\ 16.%20CONSENT%20AGENDA \ J 6... 5/16/2007 N ~ m :s 00 " o 'M .., ~ ~ ~ 0. o c-< c-< o ~ >- ~ " ~ o '" .., ~ o 0. ~ '" E ~ .., H ~ " 'M ..1 " '" E"- O o N -.... 00 o -.... "' o Agenda Item No. 16J1 May 22. 2007 Page 3 of 20 -4;,l J:I ,W 5 tJ Q ." 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E U 0( H .... n. << ":l <- < H ::c: a:l ":l m .(. 0<( U U Cl W W ~ D " (!J 1':1 1':1 f-) ..:I ~ ::e: :E ::0: M 0 ~ woo 0 N 0 ~ 0 ro 0 0 0 DON 0 rl 0 ~ N 0 0 ~ ~ 00 M 0 00 0 ~ N \0 ~ 0 ~ 0 ~ 0 ~ 0 ~ Mom m moo ~ 0 WOO MOO ~ 0 ~ 0 ~ 0 M ~ 0 0 ~ ~ ~ ~ 0 ~ 0 ~ ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ '. , '. . : '. . ~ Agenda Item No. 16J 1 May 22, 2007 ~. ~ " ~ 0. z u ~ ~ ~ ~ 0 ~ m m ~ m 0 ~ ~ m ~ N N ~ N ~ N ~ a ~ ODD ~ ~ ~ ~ ~ N N 00 ~ ~ ~ ~ ~ m m ~ m m ~ m rl ~ ~ 0 ri MMriNrl~riN 1:-00 ri riM 0 . 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" ,~ i:1l Q) ilJ....:J ~ .::: ~ ~ o ::l ;::I f-< n.. p... n.. /JJ ~ ..0 '" '" ~ '" ~ m ~ " ..0 ..0 ~ ~ ~ " z 1li " m '" ~ ~ E3 j ~ ~ Z s g ~ ~ " ~ '" m ~ rl ~ '" " o ~ ~ m ~ " ~ ..0 1-< ~ m ~ ~ Z '" :3 " U ..0 N 0 ~ M 00 Lfl 0 0 ~ 00 In Li1 .-! .... .-! "'" ,...., ON N \0 x '" z ~ w . ~ ~ :J '"rri R e ~ 0 ~ w Z 0 Z U ~ ''''; >: ,.. ~ ..0 ~ ~ " " ~ ~ u ~ ~ ~ ~ . ~ ~ B 8 ~ ~ 0'" \0 Lfl 00 Lfl .... '<l' r-I .-! "" '<t' rl r- rl Lfl 0'\ .-! r- ,.., M H rl M r- N " m " " ,.. >: N .-! Lfl 0 '<l' N rn .-I rl 0'\ \0 N N Lfl Lfl '<t' '<l' ...., r- rl rl N rl M .-! M Lfl 0 Agenda Item No. 16J1 May 22, 2007 7 ~ ~ ..0 '" " '" ~ ~ h ~ o ~ o " ~ " >: U 0. > . o 3 ;; W ID " Q ~ 0 >: x W ~ 1-< . . "' 0 .;:j 1d m ~ 0 . . ~ ~ , 0 ~ ~ ~ . . . ~ , ..J U ... J:: ... ''''; 0 u w ~ B; rn <l!.(l!;::l I;/) ....., [J) U) III 0. >: . ID '0 Z :;l ...... \l.; C ..... 0 "-' ~ <1J.c 0 [J) r:: :> u.c Q) &l J! H ;:l 1iI 7iJ o f1$ ,..j .w OJ rl O-j <l.I"'-< Ul '>~;::I~2~ o .., III 0 .w Q.l -B~~~~.~ I\J c: ::s 0 0 i:: 3" I1.l U U :::J E [3 o . o.~ . " " . ~ :; " '0 " >- .'i ~ ,., w W . . ID >: " ~ o w o N ~ rl Lfl rn 0 '<l' W Lfl N .-! N ...., r- N 0 N '<t' 0 r- Lfl r- M ~ \0 rn ...., 0'\ rn rl N Lfl rl ""0' N rl r- r- r- r- r- r- 00000.0 o 0 0 0 0 0 N N N N N IV .......................................... '<l" '<l" '<I' "" "" "" o 0 0 0 0 0 .......................................... U"l m U) III III 1,[1 o 0 0 0 0 0 o coo Q Q 0 Q 0 Q q 0 Q a a 0 Q Q Q a a a q C a a a a 0 C a a a a 0 a 0 a a 0 a a a a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ m w ~ m w ~ ~ ~ w w w ~ ~ m m m m ~ m m m m m w m ~ w m w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 0 0 000 0 0 o 0 0 0 0 0 0 0 0 N N N N N N N N N ..........................................,............... N N N N N N N N N o 0 0 0 0 0 0 0 0 ..............,.......................................... U) U) lil U) III III U) U"l III o 0 0 0 0 0 0 0 0 r-- r-- r-- r-- r-- ~ r- o 0 0 0 0 0 0 <:> <:> 0 0 0 0 0 N N N ('II N N N .................................................. N N N "" '<l" "" '<l" o 0 0 <:> 0 0 0 ..................................... ......., <.!l '" <.!l III U"l U"l III o 0 0 0 0 0 0 r- r-- ~ r- t- o 0 000 00000 NNI"lNN ............................, '<l" "" '<l" '<f' "" ::> 0 000 .......".............. lillil U"l U"l U") D 0 0 0 0 t- r- r-- ~ ~ 00000 00000 N N N N N ..........................., N N N N N 00000 ................................... L1'l U"1 U"l I/) L1'l 00000 ~ 0 ~ N ~ '<l" III ~ r- m ~ 0 ~ N ~ '<f' ~ 00 ~ 0 ~ N M '<l" m ~ r-- ro ~ 0 ~ N ~ "" L1'l ~ r-- ro ~ 0 rl N ~ ~ "" III III lil lil m III III III III lil ~ ~ ~ ~ ~ ~ m ro ID ~ m m m m m m m moo 0 0 0 0 0 ODD rl ~ ~ ~ ~ r- r- r- r- r- r-- r- ~ r- r-- r- r-- r-- r- r-- ~ r- r-- r- r-- r- r- ~ r-- r- r- r-- r- r- ro 00 ro 00 00 00 00 00 00 00 00 00 00 00 00 ~ w ~ ~ ~ w w w ~ w ~ w w ~ ~ w w ~ w w ~ w w w w ~ w w w w w w w w w w w w w w w w w W M M M M M M M M M M ~ M M M M M M M M M M M M M ~ M M M M M M M M M ~ M M M M M M M M M ~ ~ ~ ~ rl rl rl rl ~ rl rl rl rl rl rl rl rl rl rl rl M rl rl rl rl rl ~ rl rl rl rl rl ~ rl rl rl rl rl rl o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 000 0 0 0 0 ODD o 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 o 0 0 0 0 0 0 0 0 a a 0 0 0 0 0 a a a a 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 000 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ~ N N N N N N N N N N N N " u . "' U r- r- r- ~ r-- 00000 00000 NNNNN .......,......." ~ '<f' <:' '<f' <:' 00000 .............. ,......, III In U"l lil III o 0 0 0 0 r- r-- r- r- r- r- r-- o 0 0 0 0 a 0 o 0 D 0 000 NNNNNNN ............................"....... <l' '<I" '<I" <:' '<I' '<f' "3' 0000000 ............................ ,......., UllJ1lJ1 U'l1f1 U"ll.rl 0000000 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ : ~ ~ ~ : ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g 6 g ~ ~ ~ ~ 6 ~ ~ ~ w w ~ ~ w w w w w ~ ~ w w w w w w w w w w w w w w w w w W W ~ ~ w r- r- r- r- r- r- r- r- r- ~ ~ <:' <l' <l' <l' ~ '<I" <l' <:' <l' <l' "" <l' <l' <l' <l' <l' <l' ~ <l' <l' "" <:' '<l" <l' <l' <l' <l' <l' <l' <l' <l' <l' '<f' '<f' <l' <l' <l' <l' <l' <l' <l' <l' <l' <l' III lJ1 U"l Ul Ul Ul III Ul U'I In In In lJ1 U'I lil Ul lJ1 lJ1 U'I In <.!l U'I L1'l lil In U"l I.rl In In In m lJ1 lJ1 lJ1 lil U"l lJ1 lJ1 In lJ1 In In lJ1 lJ1 ~ r- r- r- r- r- r-- r- r- ~ r-- r- r-- r- r- r- r- r- r-- r-- r- r- r-- r- r- r-- r-- r- r-- r- r-- r- r-- r- r- r- r- r- r- r- r- r- r- r- Agenda Item No. 16J1 May 22, 2007 Page 18 of 20 ~ z )i ? ~ ~ ~ ...-...> , , , ~ ~ ~ \ 0 0 N ~ ~ 0 " 0 i ~ . 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U ~ Uf-<O:: H Z trl oJ.! ~ Z Ul ~ ...J Ul III ~ ~ a ~ III ~ <: B Jl' "' > U 0 Q 0., ~ Z H 0 <J) f-< ill t>J til 0 c: E-< ~ >< ~ ~ ~ ,..J ~ ~ ~ ~ ~ ~ ~ ii:3~~@g:~~~~~~;;;;:;i 0:: a t 3 3 5 ~ 1 ~ ~ c; 333 QUo., ~ tl. U L U ~ ~ u ~ tl. ~ " ~ < ~ 2 . D .c 0. " ~ ~ ~ ~ ~ M r;: ~ E5 t=: 000 (J) U) Ul rJ) ~ ~ ~ ~ p, o:l: < '" ~ a a a 000 ~ ~ ~ w m m < < < o ~ 0. . il 'rl " . ~ u '" o ~ u {J:l Ul Ul cr. .... Z Z Z ...J 0 S 8 8 ~ (-< (-< x :l :l :l 0< W W [lJ [-l r:z: 0:: p;: >< u u u ~ Z ...1 ,..J ...:J a ~ ~ ~ u p,. 0., '" ~ m ~ ~ m rl ~ 0 0 0 000 0 0 0 moo 0 N m 00 00 00 ~ moo 0 0 ~ 0 0 0 0 N 000 ~ N N N N ~ ~ 0 ro 0 m 00 0 0 0 0 00 m ~ ~ N m m m m m mom 0 ~ ~ ~ m .n m N W ~ ~ \D rl N 00 rl N,", co ILl \D rl ~ q Q 0 0 0 0 0 Q 0 0 Q 0 0 0 Q Q 0 0 Q 0 Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul 8 ~ ~ 8 8 ~ 8 8 8 8 8 8 8 8 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 N N N N N N N N N N N N N N N N N N N N "'~"""'~,~""'~ N N N N N ~ N N N N N N N N N N M ~ M ~ 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 coo ~"""~"""~~"" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ W ~ W ~ w W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 M . w ~ ~ ~ ~ 00 00 ~ ~ moo. mOm ~ N ~ M M M M M ~ ~ m m N w W m 0 H N N N N N N N N N N ~ MM. . ~ ~ ~ ~ ~ 00 00 00 00 ~ ~ ~ w w w w w w w w w w ~ ~ ~ ~ ~ W W M M M M M M M ~ M M M M M M M M M M M M rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl 000000000 0 0 0 0 0 0 0 0 000 000 0 0 0 0 0 0 0 0 0 0 0 000 000 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 N N N N N N N N N N N N N N N N N N N N .. U o .c u ill " . " . 0. o W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 ~ ~ ~ ~ ~ ~ W ~ W W ~ W W ~ W W W W W W W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Agenda item No. 16J1 May 22, 2007 Page 19 of 20 ~ rl ~ N ~ " ~ Q ~ ~ o u C o i;. . " u o .c u > v . 1l. o ~ '0 o ~ " . E v C o i;. . " ~ z '" ~ ~ ~ , ~ ~ Agenda Item No. 16J1 May 22, 2007 Page 20 of 20 ~ ~ o o N ~ ~ o ... . ~. '" ~ ~ & k 2i 0 " ~ '" . ~ ... ~ ~ ~ u . l! N U ~ ~ ~ Q 00 ~ . . " 01 '0 ~ , " o ~ Agenda Item No. 16J2 May 22, 2007 Page 1 of 18 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF MAY 05, 2007 THROUGH MAY 11, 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 May 05, 2007 through May II, 2007 for approval as well as to obtain approval for the submission Qfthe 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 May 05, 2007 through May 11, 2007 and submit these documents into the official records. Prepared By: L /2. rfl/~ Lisa N. Melvin Assistant General Operations Manager Date: 0!5/t"/o7 Reviewed By: c~ Date: ~ I/'fJ07 ance C. Murray, C FO General Operations Manager ;- Page 1 of 1 Agenda Item No. 16J2 M8Y 22, 2007 Page 2 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16.12 TOOD18il' board approval for d,sburs<,ments for the period of May 05. 2007 through May 11. 2007 and for stlbmiSSlon info tM of;lcial records of ihe board MeetIng Date: 51221200T9.0Q:OOAM Approved By Connie Murray General Operations Manager Date Clerk of Courts Finance 5/14120071:16PM Approved By JnmesV. Mudd County Manager Dale BO<l.rdofCounty Commissioners CountI'Manager'sOffic-e 5/14120011:27 PM file:/IC:\AQendaTest\Exnort\R1-MI'lV%2022.%202007\ 1 (),%20CONSFNT%20A(JFNDA\ I () . 5/1612007 N ~ 01 >: Ul c: o .~ .., '" ~ W '" o ,..., ,..., o ~ >, '" '" ~ o "" .., ~ o '" w '" E w W H w ~ .~ H '" " " o o N ..... 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I . " Q <d' m :> ON~M~ONom~m~t'moo romrlO~mrlM~m~MOOMo~m~ooor--illoomffim~ffi~mr-- ~N~WrlO~~ffiOt'~Momoo ~M~rooo~illillffi~t'MwNwm~r--NN~~ffimM~rlO~M rlNC\lromffiN~~OOmOillrlMillOM~mmoocoro~cot'Mm~~NN~ooM~~~wt'm~romr--Mw OOOOOrlMMMm~OCrlNrl~rlOOOOOOOrlNM~~~mmN~MOOOOrlMM~~~WOrl ooooooOOOOOOrlrlooooooooooooooOOOOOOMOOOOOOOOOOO~rl ~rlrlrlrlrlMrlrlrlrlrlMrlrlrlrlMrlMMrlrlrlrlrlrlrlMMrlrlrlMrl~rlrlrlrlrlrlrl~rlrlrlrl Agenda Item No. 16J2 May 22, 2007 Page 3 of 18 '" en en o '" '" '" '" '" '" o c< H . N Z ':': 2 - ~ ~ Q Q N ~ ~ ~ " . ~ . '" :g ~ &: " 3 . " '" . " " u 2! u ~ .9-- " 13 v '8 u >- . c " v . " ~ <.> m <.> E o m 0 ro z U ~ o ~ " " . ro " " rl " ... ~ ~ " ~ ~ ~ ~ :::l ~ ~ ~ ~ , ~ ~ ~ ~ 0 ro ~ ~ z ~ ~ ~ 0 ~ o Q Q ~ " d . 0 " " " " " c c u m m u ro ro ~ . ; 1 .: , ., ]::u. u ~ ~ ~ ~ ~ ~ ffi z ~ ...J O...J...J 1JJ ...J ...:l o IJ) <. u. "" f-< 1lt!I.. {)J 111 111 [J)~fibz l:5 Cl...JUJ Ul~Ul~Ul !:l (flUl...J :3 ;.. H ...J Ul "" Ul Ul Ul It: 3 I.:t ;j !I.. ~ o.~i:~ ~ ~tt. 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" " w " " :i ~ In ~ " u " ~ z ~ fi t'l Ul 0:; ~ ll.. fil i:::l (J).ct ...J ~ ~ t; Z gj ""' ~ Il: tl B ~ ~ 3! '" " :::> 0 0<( <l; W W C>J (/) >< n:: U Z >0 ::.:; :Ii.: ::r: 0.. (fj :!: j 0.. 5 t; r:r: 0 W 3 2 ~ ~ ~ ~ t ~ g; OJ 0 W f-< W ~ ~ @ ~ t> &! ... Q << W DOW OI:.'~N~Ir.~g Z Z W Q H ::t: 0 U) i:j g; is ~ ~ f-< lil ~ ,.J .:.l 0 0 "'= ~ :E 0: 8 8 8 r5 g gj g g " ~ " '" ~ " " ~ ~ L '" ... w ~ '" " ~ ~ ~ ~ '" " 0 a ffi > Q '" " ~ 8 " w " w " iZ ~ ;2 " 0 ;:'d ~ ~ rl ... '" ~ 8 ~ " " ~ w B ffi '" ~ " w'" " 0 " 0" w o '" ... ~ 8 :i " w w z w w ~ ~ ~ rl 0 0 "iH '" rl rl " ~ '" w &1m " '" " z ~ '" " u w " w z S z w Agenda Item No. 16J2 May 22, 2007 " " " ~ '" w w " z " '" :\ ~ o u w Z" :-J {] '" U Q q " " " " ~ ~ N rl rl rl rl rl ffi ..;~ ~ '" w " '" " w '" " ii ~ ~ ~ lil 0 ...J U lil 0:: ll.. 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" U r- 00 0\ 0 ~ N M ~ L!1 W r- 00 marl N M ~ ~ w r- 00 ~ 0 rl N M "" ~ ~ ~ 00 marl N M ~ ~ ~ r- 00 m 0 ~ 1.0 W ~ ~ r- ~ r- ~ r- r- ~ ~ ro 00 00 ro 00 00 00 00 00 CD ~ ~ ~ ~ m m m 0\ m moo 0 0 0 0 ~ 0 0 0 rl ~ r- r- ~ r- ~ r- ~ r- ~ ~ ~ r- ~ r- r- ~ r- r- ~ ~ r- r- ~ ~ ~ r- r- r- ~ ~ ~ r- 00 00 ro 00 00 <>J 00 00 ro W 00 ~ ~ "" ~ "" ~ ~ ~ ~ ~ ~ "" "" ~ ~ ~ "" ~ "" "" ~ ~ "" "" ~ ~ ~ ~ "" . "" "" ~ ~ ~ "" ~ ~ ~ ~ "" "" ~ ~ w on on ~ L!1 ~ L!1 ~ ~ L!1 L!1 ~ ~ m L!1 on W ~ on ~ L!1 ~ W on L!1 W ~ L!1 L!1 W ~ ~ ~ ~ L!1 on ~ L!1 ~ ~ w ~ ~ L!1 ~ ~ r- r- ~ r- r- r- r- ~ ~ ~ r- ~ r- ~ ~ ~ r- ~ ~ r- ~ r- r- ~ r- r- r- ~ ~ r- ~ r- ~ ~ r- ~ ~ ~ r- ~ r- ~ N Z ." !>1 ---~ ~ ~ o o N ~ ~ .. ~ " . ~.tn 1l !!ll! >< . ~ m rl tn . H .., u 1! u ~ 0... 3 B . 13 u >- m c '0.. ~ 0. ~ o . 0 o z u ~ o .., c . o " >< rl " ~ " ~ ~ rl ~ ~ ~ ~ ~ ~ ~ < 0 ~ ~ ~ ~ 0 < o o o ~ d . 0 .., c .., .., ~ C " 0 . . 0 00< M ~ ~ ro ~ ~ .., ~ ... " u . . o ~ 00 < '" ~ ] . . .. .. ~ L ! p~ ~ 1'J .:J c2 i i;: ~ w ~ 00 OJ 0.. 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OJ t/) OJ m Ol ..J ~ 0 Z {iJ Ul W U W W W W W W W l:Il ~ ~ 8 ~ ~ ~ H 0: ~ ~ 0: 0: ~ ~ ~ ~ (!) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ MOO ~ ~ 0 0 0 moo ~ 0 m w 0 ~ 0 00 0 ~ ~ aHa 0 0 0 w 0 ~ 0 ~ ~ ~ ~ ~ N 0 ~ 0 m ~ 00 H N ro rl ~ ~ ~ 00 0 N ~ 0 M WOO ~ w m ~ 0 M o r-- .n CI'I <D m 0'1 <Xl M M W ~ ~ 00 '" " " a. "' ::l o ~ " " Ul- ....W..:l W...J ..:l t>.. ....:J ..:t l.1. Ul 0.. t>.. 0.. W ~ UJ 0( ~'l ...:l Z W ...:l (J) Z W 0.. ..J ex. W ..:l ~ :>< a, ...:l ~ ~ ~ Z ~ ~ fil ~ ~ ~ Z ~ g; (f) 0: ~ X Ul 0 Ul €-< ,.:( til 00 ~::I: jl::; Z p:; U b:1 t>:I ~ o;t; !-< P:: ~ Z..:l 0.. 0 (I) ~ ~ >< ~ !Z :.:: ~ ..:I '" ~ ~ H ~ ~ ~ -<: ~ Q u. ..:l !-< :> U Agenda Item No. 16J2 May 22, 2007 .... ,... _r '" .~. " ~ t3 ~ ~ ~ H '" " ~ a. "' '" " H ~ <1; i3 .... ~H ~ t-< ....:I u. ~ " ~ '" '" '" z ~ g z ~ ~ ~ < 8 ~ u u ~ ~ ~ ~ t-< ~ m ~ ~ ~ ~ z 0 ~ ro ~ t-< ~ ~ 0 $ ~ ~ ~ ~ ~ ~ ~ ~ ; ~ ~ ~ ~ ~ ~ ~ ~ ~ : 8 ~ ~ ~H ~ ~ ~ ~ ~ 3 ~ ~ ~ 8 o ~ ~ ....:I ~ m ~ t-< ~ ~ ~ ~ ~ w t-< 0 m ~ ~ ~ ~ ~ ~ ....:I ~ g u ~ z ~ o 8 ~ g ~ @ 8 g '" ~ ~ ~ ~ ~ ~ ~ 5 ~ ~ ~ ~ ~ ~ < b ~ 8 u ~ ~ ~ < ~ g ~ ~ ~ z ~ ~ ~ B z ~ ~ ~ ~ ~ ~ ~ < 8 w 8 ~ ~ ~ 0 0 ~ ~ ~ ~ ~ m m 000 a a ~ a ~ 0 ~ N WON 00 ~ ~ 0 m m N ~ ~ 3 ~ ~ H 00 '" 8 " '" :;: ~ ~ >< '" ~ ~ a. 3 ~ 000 < ~ ~ '" ~ u ~ < 0 88 '" < ~ '" ~ ~ ~ .: o 0 ~ "" 0 N ~ ~ ~ ~ ~ "" w ~ 0 ~ w ~ 0 ~ "" 0 N 0 ~ ~ ~ 0 ~ N W ~ 0 0 0 "" 0 M ~ ~ ~ M N N 00 W ~ ~ ~ N 00 W 0 ~ w ~ ~ 0 0 ~ rl W "" ~ ~ ~ 0 ~ ~ ~ m ~ 00 ~ 00 woo 00 ~ N "" o M N W ~ 0 ~ W "" 00 m ~ ~ m W rl N N ~ ~ 0 0 W ~ M ~ "" N M 00 M rl rl M '" '" " 10 m , ~ " ~ '" ~ H ~ r-- :::S f"l ~ 00 ~ M N ..-I N:::J ~ N . M ~ o ~ M ~ ~ o 0 Q 0 0 0 coo 0 C Q 0 coo 0 000 0 0 0 0 0 a 000 0 0 0 0 0 Q 0 0 0 0 0 0 a 0 0 m ~ m m m m m 00 ro ro ~ m m ro m 00 00 00 00 m 00 ro ro ro m 00 00 m 00 ro 00 00 00 00 00 00 00 00 00 00 ro m 00 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ p ~ ~ ~ ~ ~ p ~ ~ ~ ~ p ~ 0 0 0 p 0 0 0 0 0 0 0 0 P ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00000 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 000 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N """""""""""""""""""""" m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m 000 0 0 0 0 0 0 000 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 """""""""""""""""""""" m ~ m ~ ~ ~ m ~ m ~ m ~ ~ ~ m ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 a 0 a 0 0 0 0 0 0 0 000 0 000 N ~ ~ ~ ~ ~ ~ ~ 0 ~ N M ~ ~ w ~ ~ ~ 0 ~ N ~ ~ ~ w ~ 00 ~ 0 ~ N M ~ m ~ ~ 00 m 0 rl N ~ ~ w ~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r-- ~ m 00 00 m m m m m m m m ~ m ~ ~ m m ~ m ~ 0 0 0 000 m ~ ~ m m m m m m m m m m m m m m m m m m m m m m m ~ m m m m m m m m m m moo 0 000 ~ ~ w ~ ~ ~ ~ w w ~ ~ ~ ~ ~ ~ w w w w w w ~ w ~ w w w w w w w w w w w w w ~ ~ ~ ~ ~ ~ ~ "" ~ ~ ~ M ~ "" M M M M M M M "" M M M M M M "" M M M M M M M M M M M M M M M M M M f"l M M M ~ M ~ ~ rl M rl ..-I M rl M rl M ~ M M ~ rl ~ rl M rl rl rl rl ~ rl rl ~ rl ~ rl rl rl rl rl ..-I rl ..-I rl M rl rl ~ 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 000 000 0 0 0 0 0 0 000 0 0 000 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 000 o 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ; ~ ~ : ~ ~ ~ ~ ~,~ ~ ~ ~ ~ m m m m m m m 00 00 00 00 00 00 00 00 00 00 00 00 ro ro m m m 00 00 00 W 00 00 m 00 00 00 ~ 00 00 00 00 00 00 00 00 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ m ~ m m ~ ~ ~ ~ m ~ m m m ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ m m m m ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N Z " 21 J. > ~ rl ~ rl >: ~ ~ ~ o o N ~ ~ rl >< . ~ . to l'l !'J IE " . " m ~ '" . " .< u .1! u E E o U " " C , B w 13 u " . c " w . ~ 'Q. ~ o . 0 '" z u " "" ;;; '" " " ~ .c ... .c " ~ ~ ~ ~ rl ~ rl ~ ~ ~ 0 '" , ~ z ~ ~ ~ 0 < o o o " d . , ~ 0 .< -" " o 0 u . . u '" '" ~ ~ ~ ~ ~ ~ rl rl -" u . .c u . Agenda Item No. 16J2 May 22. 2007 -~ . . :' I I ~ ~ "' ~ ~ z ~ ~ ..:l ~..:J..:l..:l ; ..:l ..:l Ii ..:l ~ G: ~ ; ~ ~ ; v ~ ~; ~ ~; ~ ~ 8~ ..:l ~ ....:J t5 ...J..:l Cl r.o ....< oJ.L..J [JJ E-< p., ..:l Z 3 l>.. Z "" (J.., ..:l J:il o--l Z 0. (/) (/) 0.. ..:l p., 0.. ~ ~ ~.~ ~ ~ & ~ ~ ~ ~ ~ ~ 2 ..:l ~ ~ ~ ~ ~ ~ ~..:l t ~ ~ g 6 ~ ~ ~ ~ ~ ; t:: ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 5 j ~ ~ ~ ~ ~ ~ r:: ~ ~ < d ~ ~ ~ ~ ; z~ ....:J..:l ~ W 0.. W p., ~..:l ~ ~ z ~ J:il ~ E-<..:l (J.., (J.., W ~ ~ ~ "' j. ~ 0 ro ~ ~""p.,p...:lO !':lUll-< :Jf-<(I)(J.., I-< >0..-1 ....:Jut<. ..:lW; ~~ g.....r.oO....:l w ~ ~ (J.., U Z m (J.., ~ ~ j ~ D p., f-< O:J (/) r.o ~ u ~ 0 w . ~ < (/) ~ ~ w ~ (J.., Ul ~ '^ ~ r. ZO ~ ~ .~" 3 ~ (J.., 0 ~ <z ~ ~ ~ ~ oZ ~ ~ 0 ~ ~ ~ ~ >H ~ ~ U H ~ _ ~ 5 ~ ~ ~ lli ~ ~ ~: ~ s ~ ~ ~ ~ ~ ~ u ~ 6 ~ D ~ u ~ ~ ill ~ 0 5 3 ~ ~ ; ; ~ >: ~ ; ~ ~ g ~ t ~ ~ ~ ~ ~ ~ ~ 5 ~ 9 Ul ~ ~ H U ~ U ~ a u 8 Ul ..:l ~ ~ ~ r.o 8 ~ ~ I-< ~ ~ ~ ~ u ~ ~ ~ ~ H::;JQ)-<Z<.o..::;. .....CilO ...:tzoz .....<Jj woo ~Cl....:l~ w....o brnH ~ ~ p., Ul ~ u ro ~ ~ ~ ~ ~ ~ ~ ~ ~ 6 H ~ H ~ I-< ~ ~ 9 (/) ~ 8 f-< 5 w ~ ~ ~ 0 ::J (/) ~ ~ ~ U I-< I-< ~ ;5 ~ $ ~ w e 9 ~ ~ I-< Ul H (/) ~ x ~ Z H 3 0 ~ ~ (J.., rn ~ ~ t u ~ w >< ~ ~ Ul u a oo~ ~wr.:..:lU""""'H:Qf.::~2..:l(J..,o rnD:!wa::oz<t:l-< 11::0:;0,,) W~O::E'-<p. He.; ~ ~ ~ s ~ g ~ 5 ~ ~ 8 8 ~ : ~ ~ ~ d ~ >, ~ ~ ~ ~ ~ ; d ~ ~ ~ ~ * ~ ~ ~ ~ ~ 8 ~ ~ ~ ~ @ ~ ~ ~ 0 ~ w w ~ ~ ~ H ~ W ~ ~ 0 ~ H ~ ~ w ~ 0 W H W ~ W < ~ 0 ~ u w ~ ~ ~ j u u x ~ ~ ~ ~ ~ ~ 0 ~ ~ 3 5 z ~ ~ ~ ~ u g w ~ ~ ~ ~ ~ z ~ ~ < m ~ < ~ > d ~ B ~ < ~ ~ ~ ~ ~ x ~ ~ ~ ~ ~ j ~ 0 8 ~ 0 ~ ~ ~ ~ m ~ e.; 6 ~ Q 8 ~ u 0 ~ ~ 0 ~ 00 w 0 00 ~ u ~ < < ~ ~ w w ~ ~ ~ ~ ~ w 2 ~ ~ > ~ ~ ~ w ~ u ~ ~ ~ ~ w ~ ~ ~ m ~ ~ ~ u J ~ ~ ffi ~ ~ ~ ~ : ~ s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 8 ~ ~ ~ ~ o 0 ~ 0 N N ~ ~ ~ 0 0 0 0 N 0 0 0 ~ 00 0 ~ ~ N 00 0 ~ ~ 0 M ~ 0 ~ 0 M 0 ~ ~ N ~ 00 ~ 000 o 0 ~ ro ~ N ~ 0 ~ 0 0 0 0 ~ ~ 0 0 ro ~ 0000 ~ ~ 0 m ~ 0 m ~ ill M 0 ~ 0 ~ ~ N rl 0 ~ 0 ~ 0 I I j I ~ ~ ~ M 0 ill 0 ~ ~ 0 0 ill 0 ~ m ill 0 M M 0 ~ w ~ mom m ~ m N M M ~ rl ID ~ ~ ID ~ W W ~ M ID ~ NOM ~ ~ M N 0 ~ ~ M ~ N ~ ~ ~ ~ m m ~ ~ ID ~ N M ID W rl 0 m N N m W N ~ ~ ~ M ID 0 ill W ~ N ~ 00 rl N ~ rl ~ ~ M ~ ill ~ ~ w ~ 0 ill N 0 ~ ID ill N M M ~ 0 0 ~ .... rl W ~ W 0 ~ ~ lfl' Q g rl ~ U"l rl NON rl o ~ ~ ro N ~ , ~ :'I ro I - ~ o a 0 a a a a a 0 a a 0 a a a a a a a a a 0 a 0 a a a a a a a COO 0 a a a a 0 0 a 0 a m ~ w w ~ m m 00 w m m m m w m 00 00 ~ 00 m m m w m w w w m ~ 00 m m w 00 00 m m 00 00 00 00 00 m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 000 o 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 N N N N N N N N N N N N N ~ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N """~,~"""""""""~"""""""" m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m o 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a """""""""""""""""""""" U"l U"l U"l ill ill U"l ill lfl lfl ~ ~ ~ ~ ~ ~ ~ ~ m ill ~ ~ ~ ~ ~ ~ ~ U"l ~ ~ ~ U"l ~ ~ ~ ~ ~ U"l ~ ~ ~ ~ ~ U"l ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 ~ 0 ~ N M ~ ~ ~ ~ ID m 0 ~ N ~ ~ ~ W ~ 00 m 0 ~ N M ~ ~ ~ ~ m 0 rl N M .... ~ w ~ ID ~ 0 ~ N ~ o rl ~ ~ ~ ~ ~ M rl rl ~ N N N N N N N N N N n ~ M M M M ~ M M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M ~ ~ ~ rl ~ ~ rl ~ ~ ~ ~ ~ ~ ~ rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl ~ n ~ rl rl rl ~ ~ ~ ~ rl rl o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 000 0 000 o 0 0 0 0 0 0 0 0 000 0 0 000 0 000 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 o 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 000 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N I..... , : . , I m ~ ~ 00 ~ 0 rl N M ~ ~ w ~ ro ~ 0 rl N M ~ ~ ~ ~ w ~ 0 rl N M ~ ~ ~ ~ w ~ 0 rl N M ~ ill ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ID ID m ro m m ID ID ID W m m m m ~ m m m m ID ro w ro W ID ro W w m m m W ID ro ro m 00 ID ~ ro ro W m m m 00 ro ro 00 m m 00 m ro 00 00 m W 00 W 00 W 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ q "-~ > ~ ~ o o N ~ ~ ~ " . ~ . '" :g !B IE " . W W , '" . " X u .1' u E E .~. o . 8 '8 u '0 >. w " '0.. " ~ " . " E o m 0 m z u ~ x " m m '0 " ., " ~ " w ~ , ~ ~ ~ ~ ~ ~ m ~ D m , ~ ~;g~ D o o ~ " d . 0 x " x x w ~ ~ ~ m m < ~ ~ ~ 00 ~ ~ ti . 6 ' . . ~ ~ ~ ~ ~ ~ ,., ~ ~ ;3 ~ d fi! ~ <l r3 g .;:~ ~ ~ <5 >< "" 5 t: Uffi iii u ~ ~ il ;j {) tJ ~ u x ~ ~ ~ :lO t3 ~ ~ < ~ ,., ~ ~ ; >< ~ ,., < ~ ~ u z :: ~ r.. 1J z 0 m 0 ~ :J H W ..;:j >< >< ,., ..:l ::c o<:C::J r.. ~ ~ ~ t :z: ~ ~ ~ ~ ~ ~ 0.. IJJ H H 0 ~~~wCG~ o :.2 ~ ~ ~ :z: u x ~ s: ~ ~ ..;:j 0 ~ ~ o u.. CIl:S ~ >< ~ ~ B w ~ ~ ~ ~ 11 t5 .:r: ..:l :> r... a:: E--< r4 ~ 2 g :3 ~ ~ ~ o 15 ~ ~ '" ~ II w ....:l O'l Q.) u; r.. ~ j'ci.:3 ~ oo..;:j ~ ~ ~ ~ U) ..:l W t>.. r.. 0...J j ~ ~ ~ ~ ~ ~ 00 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ ~ 0 ..:l ~ CIl ..:l ~ ..:l ~ ~ 00 CIl 0.. 0 ::3 ~ ~ ~ 8 ~ ~ ~ ~ ~ ~ ~ < ~ ~ 8 ~ ~ ~ .-1~~ ~::t E-<E-<<l;i<l:; au ~ ~ ~ ~ w 5 E-< ~ ~ E-< Z Z ~ ~. ~ Q . ~ 2 ~ ~ 8 ~ ~ ~ '" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ j ~ ~ 6 ~ ~ ~ ..;:j ~ ~ w g E-< U W ~ u.. W CIl 00 ~ z CIl u.. 6 ~ ..:l ~ W 0 x 0 a:: W H ~ H m 00 ~ ~ H ~ ~ ~ ~ ~ ~ ~ ~ D 0 ~ ~ ~ CIl ~ ~ ~ ~ ~ 6 ~ ~ ~ ~ 8 ~ ~ ~ ~ ~ ~ 8 G g ~ ~ x ... Agenda Item No. 16J2 May 22, 2007 ,., o ~ >: ~ '" ~ ~ ~ ;3 ~ w '" >< m '0 -0 ~ ~ ~ ~ >< ~ ~ ~ ~ ~ u w 0 CIl ..J o H ..:! r-< iii u.. 8 ;:; ~ sa ~ ~ ~ Z H <( Iii ~ ~ l'l ~ Z 0; 23 ~ z ;;; ~ ~ :r: "1: E:: H U 8 ~ ~ ~ :3 ~ '" $ ~ f;J ~ ~ ~.... 0 3 t3 H ~ ~ ~ U. Q ~ [f.I [J:l U ~ ~ ~ ~ ~ g 0.. ":l E-< H E-< Cl o In f\I Ul \0 ..., o N N cD cD rl . r-- .-I .-l u'\ m m ~ Ul rl . ~ ~ . 00 ~ N ~ M 0 rl 00 ..., \0 ~ In rl 0 . rl ~ . M \0 W \0 Ul ~ M N ~ N . rl Ul ~ m rl Ul . 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': .:: x ~ ~ m 0 rl N M . ~ ~ ~ 00 mOM N M . ~ ~ ~ 00 m 0 rl N M ~ ~ ~ ~ ro m 0 ~ N M . ~ ~ ~ 00 m 0 rl N moo 0 0 0 0 0 0 0 0 ~ rl rl rl rl rl ~ ~ rl N N N N N N N N N N M M M M M ~ M M .M M ~ . . 00 m m m m m m m m m m m m m m m m m rn m m m m m m m m m m m m m m m m m m m m m m m m m . ~ . . . . . ~ . . . . . . . ~ . . . . . . . . . ~ . ~ . ~ ~ ~ . . . ~ . . . . . . ~ . m m ~ ~ ~ m ~ m ~ m m m m m w m m m m m ~ m m ~ m m ~ m ~ m ~ m ~ m ~ m ~ m m ~ m m m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ H . ~ . rl '" . H -" u 11 u E E 8 " " " ~ :': c 0 . B 13 ~ u 0 . " c " ~ . " 0. . 0. E 0 . 0 m Z u Agenda Item No. 16J2 May 22 2007 ~ , ,~, ..... i.... \ -- -- ._~_.._~-~- ~ ~ ~ ~ 8 ~ ~ ~ ,.. ~ ~ ~ ~ ~ j ,.. ~ ~ x ~ ~ z ~ ,.. ~ ~ 0: " ~ ~ ~ ,.. " ~ w el " el ~ ~ Ie 0: ~ ~ ~ w ~ ~ w ~ . ~ ~ ~ w ~ ~ ~ w ~ 0 ,.. ,.. ,.. ~ w ~ ~ z ~ ~ z w ~ ~ '" ~ ~ ~ w ~ ~ 0 ~ ~ w co S co ~ 8 ~ ~ y ~ w ~ 8 ~ u ~ ~ ~ ,.. ,.. ,.. 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" '" D .2! u . E 0 u 0 0 >, 0 " ~ " " . 8 '8 u ~ 0 . >, " '0 ~ . " " . 0. E 0 . 0 "' Z U Agenda Item No, 16J2 May 22, 2007 ~, 10 / / ...... ~ , 1/< ti H ,.., H ., H '" . H ,.., ~ '" '" ~ " '" "' "' . H "' "' . . w ~ ~ . ~ . 00 00 H . ~ H .. . . H H '" '0. ... ~ '0. . rl . . 0. a 00 " . H H ,,< ~ H . . . 00 ~ ~ ~'" '" ~ qg .. ~ \5 ii 00 ~ '" u . . . ," 0. 0 . H ~ ~ '"z '" . ,.., H H . ~ ~ E . H ~ . ~ Z H 0 5 rl ~ ~ H "' H . ~ " . H Z . ~ ,.., '" " 0 ~ 0. 6 .. ~ rl ~ " " '" " H H .c H H ~ .c 0 " . . H . . 0, . '" U Q .. '" H H ~ ~ ~ . ~ " 0. Z H . '" H H . . . . . . . u 0 H 0 H '" '" ~ '" u . . -0 " 00 . "' rl 0 .. ~ rl . ~ . Z N . H ~ " '" . ~ u '" 00 ~ 0 00 00 ., . ~ 0 . . 0. 0 . o.rl o.rl "' 00 . rl "' ~ ,., . "' ~ ~ ~ ti ~ f;j t2 ID ~ ~ ti ~ " 'd.. ~ @ " ~ ~ B W ~ ~ ~ Ml &'} ~ OI~ OI'tl ~ ~ 0, 01 . ~ '" ID ~ u i. w " 0. ~ H ~ S H '" . H . . z '" 0 c >< H rl .0 no ~ rl Z Z ~ ~ ," ~ . '" . rl . ., ~~ "' no 00 0. ~ ~ . < '" . z , . u " 0 " . " 0. " U . 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'" 0\ 0 a 0 00,.., rl .... ............,...... , '" '" III '" Li) 00000 o rl ('II ~ ~ III ~ m 0 rl NNNNNNN~o.!1U'\ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ l'- l'- l'- l'- l'- l'- l'- l'- l"- ~ M ~ ~ ~ ~ ~ M M M M rl rl rl ~ rl rl rl rl rl rl o 0 0 0 0 0 0 0 0 0 o 000 0 0 0 0 0 0 o 000 0 0 0 000 N ~ N N N N N N N N Q Cl CI Cl q U) UJ UJ UI UJ o 0 ::;. 0 0 ".~ r- r-- r- r- f""- a 0 a 0 <=> a a 000 N N f'.I N N ..................................... 0\ 0'\ 01 <1\ m CI <::> a 0 0 .................................... <Jl Li'I Ll1 In .... 00000 r- r- r- 1"- r- r- o 0 0 000 000000 N N N N N N ........................................... o .-i ...... ...... .-I ...... ...... ...... ..... ...... ..... ...... ......................................... I.fl Ll1 Ll1 U"l L>') U"l o 0 0 0 0 0 N Ul \C 0 ,.., N L>') Ul U'l t-- t-- r-- <l" <l"'" <l" ""'.,. r-- r-- r-- r- 1"- r-- ,.., I"'l ...., r<1 ...., r<1 ....; ...... rl ... .-I ..... 000000 o 0 0 0 0 0 o 0 0 000 NMNNNN ...... N ,.., . Ll1 ~ 1"- 0 ...... N ,.., ... Ll1 ~ r- m Ll1 Li'I Li'I U'l Ll1 Li'I Li'I m 00 00 ro ro ro ro ro ro N N N N N N N N N N N N N N N N U"I U"I Li'I Li'I Li'I Ll1 Li'I U"I Li'I Li'I U"I Li'I U"I Ll1 Li'I Li'I Li'I Li'I Li'I m U"I Ul Ul Li'I U"I U"I U"I U"I U"I U"I U"I U"I r- r- r- r- r- r- r- r- r- r- r-- r- r- r- r- r- Agenda Item No, 16J2 May 22. 2007 Page 16 of 18 o :E ~ !-< o ~ H o N o ~ ~. N ~ Q ~ :0 " ~ "' u " 9 ::; . E w " . ~ . ~ N Z ~ " ~ ;: ~ - ~ ~ - ~ - ~ ~ o o N " ~ - " . ~ . '" ::9 ~ 8:l " ~ m o m . " '" v li u E E o U 0 o ,. 0 w ~ o , v 8 13 u a >- . " 1: ~ D.o" . ~ o , 0 III Z U " " " "' '0 " o "' ~ "' ~ ~ o '" ~ H C ~ ~ m '" 0 "' c ~ Z~~ '" 0 '" " d v , '" " " '" w " 0 U . " U ~ m '" ~ m ~ ro ~ H m w " & ,. . ~ '" u v "' u v " " " v " v w t2 t2 ~ ~ '......;l....:l f>. Ul [)) IJl !1. 1i<!1. P:: ~ ~ Ul C>:l tiI tLI i;j i2 i3 ~ ~ ~ ~ ....:J....l....:1 0.. 0.. 0.. 0.. .:( f-< f-< f-< ~ ~ ~ " & & & Of-< f-< f-< n. 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U Q ~ o " '" ....:J ..J ....:l U ~ n' ~ ~ <=l W lil ;:J 0:: Cl:: P:: III E-< f-< f-< Z U) Ul [)).... o 0 ~ ~ 0 ~ DON ~ ~ 0 0 0 0 o Q) 0 rl 0 ~ 0 N ~ rl ~ 0 0 0 0 NON 0 0 0 0 ~ Q) rl rl III lI"J lI"J III N 0 III 0 III 0 ~ ~ N \D 0 M lI"J '" lfl 0 <0 M 0 \l) t.!1 r- rl 1.!1 rl rl N '" N CY'\ r- '" 0 0 0 0 co lI"J t.i'l Ln \D '" '!l '" c.(J ~ N ~ m , Lf', \2 ~ ~ c o Cl 0 0 0 0 Q Q q 0 0 0 0 0 0 0 0 0 0 0 0 0 [J) [)) U) U) [)) U) U) [)) [)) U) [)) U) U) [)) IJl [)) [J) [J) U) U) [)) [J) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 ~ 0 0 0 ~ 0 ~ 0 r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N ~"""",~~~"~"'~" m ~ ~ ~ ~ ~ m ~ ~ ~ ~ m m ~ m m m m m ~ m m o 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 000 "~"-"""""""" ~ ~ ~ ~ m m m ~ m m m m m m m ~ m m m m m m coo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 COO 0 0 m 0 rl 0 m ~ ~ ro ~ ~ w ~ m ro m ~ ~ w ro ~ M ~ moo ~ 0 0 0 ~ ~ ~ m m N 0 ~ ~ ~ ~ M ~ ~ ~ m m m moo 0 000 0 0 ~ N M M M ~ ~ M ~ W ~ ~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M M M M M M M M M M M M M M ~ M M M M M M M ............ -l rl rl............ rl...... rl,... -r ,...,... rl .-r.-r rl o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 o 0 000 0 0 0 0 0 0 0 0 0 0 000 000 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 N N N N ~ N N N N N N N N N N N N N N N N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N N N N N N N N N N N N N N N N N N N N N m m m m m m m m m m m m m m m m m ill m m m m m m m m m m m m m m m m m m m m m m m m m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Agenda Item No, 16J2 May 22, 2007 Page 17 of 18 x ~ m ", ~ a c ~ 00 ~ ~ ~ ~ o '" ~ . u o v E ,. ", ~ j'j ~ u " w . " 11. o ~ ~ o r. ", ~' w " o ~ ", ~ ~ ~ ~ H -~ ~ ~ o o N ~ ~ H " . ~ . '" gj ~ g; " ,'I 00 ';;, . " " U . U 00 . o ';;j ~ o H " W o ~ ~ H .'tj ,~: g, :)f ','lit .;'tJ" ",Ii. '" -;;;- ~ ro ~ H N' ~ ~ ~' ...~. Q ~ ~ :';~ -U: ..Jif ;~ :0: ~ r-,'" n .... . . Agenda Item No, 16J2 May 22, 2007 Page 18 of 18 Agenda Item No. 16J3 May 22, 2007 Page 1 of 3 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S FISCAL YEAR 2008 EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AND DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT, SHERIFF'S OFFICE STAFF AS GRANT FINANCIAL AND PROGRAM MANAGERS, APPROVE THE GRANT APPLICATION WHEN COMPLETED, AND AUTHORIZE ACCEPTANCE OF AWARDS AND ASSOCIATED BUDGET AMENDMENTS. OBJECTIVE: To seek appointment of the Collier County Commission as the coordinating unit for local application for the fiscal year 2008 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the official applicant, Sheriff's Office staff as grant financial and program managers, approve the grant application when completed, and authorize acceptance of awards and associated budget amendments. ~ CONSIDERATIONS: 1. The Collier County Commission has participated in valuable Edward Byme Memorial projects for 18 years. The Collier County fiscal year 2008 JAG Program allocation is $171,689. 2, The Sheriff's Office will seek continuing grants funds for fourth year payroll costs and miscellaneous expenses totaling $171,689 for the Child Abuse/Sexual Predator Program. 3. Continued grant funds will be sought for fiscal year 2009. Should fiscal year 2009 grant funds not be available, the projected cost for the position coming off of the grant is $120,500. 4. Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator, approve the Sheriff as the official applicant, the CCSO Finance Director as the grants' chief financial manager, the CCSO Grants Coordinator as the grant contact person and grant program manager; approve the Sheriff's Office's fiscal year 2008 grant application when completed, and to authorize acceptance of the awards and associated budget amendments, FISCAL IMPACT: None. No required match. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of government for the 2007/2008 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program iocal application, approve the Sheriff as the official applicant, approve the CCSO Finance Director as the grants' chief financial manager and the CCSO Grants Coordinator as the grant contact person and grant program manager, authorize the Board Chairman to execute the Certification of Participation for 19th year funding, approve the Sheriff's Office fiscal year 2007/2008 grant appUcation when completed, and authorize acceptance of the award and approve associated budget amendments. ---. DATE: Page 1 of I Agenda Item No. 16J3 May 22, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16J3 Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Fiscal Year 2008 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and designate the Sheriff as the OffiCial Applicant, Sheriff's office staff as Grant Financial and Program M2lr1agers. approve the Grant Application when completed and authorize acceptance of awards arJd associated budgatamendmenls 5/22/2007900:00.I'\M Item Number: Item Summary: Approved By JamesV,Mudd CountyM:mllger Date Board of County Commissionel'$ County Manager's Office 5/91200711:51 AM filf'.llr.\A{Jf'nd"Tf''''t\F....n''rt\5!1._l\A""O/~,(),? o/'"f)?f)f)7\ 1 f.. O/n?f)r'nl\T~p,/\lTO/A'}(l t> r;P'/\TTl^ \ 1 j:.. ,,/1,;,n('I(\''7 CERTIFICATE OF PARTICIPATION Agenda Item No. 16J3 May 22, 2007 Page 3 of 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Date: May 22, 2007 Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: ~ This is to inform you that the Board of County Commissioners Accepts ~ Declines _ the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Joyce Houran Title: Grants Coordinator E-mail address:qrants@colliersheriff.net Agency: Collier County Sheriff's Office Address: 3301 Tamiami Trail East, Blda. 3-1, Naoles. Fl. 341]~ Telephone: )~q-7q~-cn4n Date: May 22, 2007 County: r" 11 i pr Sincerely, Chair, Board of County Commissioners AftIft - & I. -T1....- II: AP~-u:r:~n" Aasiotant County Attorney Agenda Item No. 16J4 May 22, 2007 Page 1 of 4 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE THE SHERIFF AS THE OFFICIAL FISCAL YEAR :Z007 APPLICANT AND PROGRAM POINT-OF-CONTACT FOR THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, ACCEPT THE GRANT WHEN AWARDED, AND APPROVE APPLICABLE BUDGET AMENDMENTS. OBJECTIVE: To seek approval from the Collier County Commission to designate the Sheriff as the official applicant and point-of-contact for the United States Department of Justice, Bureau of Justice Assistance fiscal year 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) application, accept the grant when awarded, and upon an award, approve applicable budget amendments. CONSIDERATION: 1. The Collier County Sheriff's Office has participated in anti-crime grant programs for 18 years. 2. This twelfth year program is for the implementation of the fiscal year 2007 JAG. JAG replaces the Byrne Formula and Local Law Enforcement Block Grant (LLEBG), JAG is administered by the United States Department of Justice, Bureau of Justice Assistance. ,,- 3. The purpose of the JAG is to provide funds to underwrite projects to prevent and control crime and to improve the criminal justice system. 4. The United States Department of Justice has appropriated $127,567 over a four year period to Collier County to be used for JAG purposes. 5. This Collier County law enforcement initiative will support overtime costs directly related to basic law enforcement program functions such as to control drug abuse and trafficking; reduce and prevent crime; rehabilitate neighborhoods; improve the administration of justice in America; meet the needs of crime victims including human trafficking victims; and address problems such as gang violence, juvenile crime, and white collar crime. 6. The Bureau of Justice Assistance has an internet-based system to support the JAG fiscal year 2007 applications. Fiscal year 2007 JAG applications must be completed online. The formal designee of the eligible jurisdiction is allowed to apply for funding. 7. Board approval is needed for: designation of the Sheriff as the official applicant and point-of-contact for fiscal year 2007 JAG funds; Board Chairman Jim Coletta, or in his absence, County Manager James V. Mudd, to respond to the Bureau of Justice Assistance's email request to confirm the Sheriff as the official applicant and program point-of-contact; acceptance of the grant when awarded; and approval upon award, of applicable budget amendments. FISCAL IMPACT: Potential $127,567 award of funds is for law enforcement officer overtime and benefits. This would be an outright award with no required local match or other expenditure. .-- GROWTH MANAGEMENT: None. Agenda Item No. 16J4 May 22, 2007 Page 2 of 4 RECOMMENDATION: That the Collier County Commission agrees to designate the Sheriff as the official applicant and point-of-contact for the United States Department of Justice, Bureau of Justice Assistance, fiscal year 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) application for Deputy overtime, that the County's Chief Executive Officer respond to the Bureau of Justice Assistance's email to confirm the Sheriff as the official applicant, accept the grant when awarded, and upon an award, approve applicable budget amendments, PREPARED BY: APPR~---~ DATE: Mav 7. 2007 fh/xsfag07 Page 1 of 1 Agenda Item No. 16J4 May 22, 2007 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15J4 Recommend that the Board of County Commissioners designate the Sheriff 8S the Official Fiscal Year 2007 applicant and program point-Qf~col1lact for the United Stales Departmenl of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAGi Program, accept the Granl when awarded and approve applicable budgat amendments ItemSummlry: Meeting Date: 5/22/20079 00 00 flM Approved By LeoEOchs,Jr, Deputy County Managar Date Board of County Commiasloner5 County Manager's Office 51111200712:31 PM fil...llr.\ A "'..nrl"T.."t\r:v....nrt\~1._""""ol.:)(n') O!-.')(i')NY7\ 1 /".. O/.,)(VY'IlI.TCr;'lI.l'T'O/_')(i ^ (cr;'lI.Tr'\ II \ 1 t:. I;;/lt:.nr.r.'l 'PlJoado/~~ ~~ ~~ 3301 East Tamiami Trail- Naples, Florida 34112.4977 (239) 774-8097. Fax (239) 774-3802 Agenda Item No. 16J4 May 22. 2007 Pa . 4 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 May 22, 2007 Bureau of Justice Assistance 810 Seventh Street, NW Washington, DC 20531 Re: Designated Official For JAG 2007 application Ladies and Gentlemen: Pursuant to a u.s. Department of Justice, Bureau of Justice Assistance (BJA) Edward Byrne Memorial Justice Assistance Grant (JAG) compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Don Hunter, Sheriff, Collier County, Florida, as the authorized grantee official and contact person to request Edward Byrne Memorial, Justice Assistance Grant (JAG) FY 2007 funds in the amount of $127,567. Sincerely, Jim Coletta Chairman Collier County Commission Agenda Item No. 16J5 May 22, 2007 Page 1 of 3 .--. EXECUTIVE SUMMARY RECOMMENDATIONS TO APPROVE A RESOLUTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EMBARQ TELEPHONE COMPANY OF FLORIDA. OBJECTIVE: To gain Board of County Commissioners approval of the attached Resolution between the Board of County Commissioners and Embarq Telephone Company of Florida, for continuing the existing E-911 system. CONSIDERATIONS: To provide an enhanced "911" emergency telephone system for the citizens of Collier County. 1. A Resolution to be executed by the Board of County Commissioners to allow Embarq Telephone Company of Florida to collect a fee at $ .50 per month per access line to fund the cost of maintaining the enhanced "911" system, from October 1, 2007 to September 30, 2008. 2. The Board of County Commissioners authorizes the Embarq Telephone Company of Florida to deduct an administrative fee equal to 1 % of the monies collected for the enhanced "911" emergency telephone system. - FISCAL IMPACT: The cost of funding this system will be paid by the subscribers. No ad valorem tax dollars will be expended. The fee for FY 06-07 was $ .50. There is no increase in the fee. Any reserves will be accumulated according to Statute. (199-919010-991000-00000) GROWTH MANAGEMENT IMPACT: The subscribers will pay for the system. RECOMMENDATIONS: That the Board of County Commissioners authorizes the Chairman to execute the Resolution. See attachment for Resolution. o PREPARED BY {I Sandi L. Chern ft, 911 Coordina DATE: - Page 1 of 1 Agenda Item No, 16J5 May 22, 2007 Page2of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16J5 Meeting Date: Recommendation to approve a Resolution between the Board of County Commissioners and EmbarqTelephone Company of Flonda 5/22f200790000AM Approved By JamesV. Mudd BOllrdofCounty Commis$ioners County Manager Date County Mal'lllger'$Offlee 5/1012007 !1:05AM file://C:\AgendaTest\Exnort\R3-Mavo/02022.%202007\ 1 fi %2nCONSFNfo/...?OAGFNnA \ 1 n 'i/lnnOO7 RESOLUTION NO. 2007 '_ Agenda Item No. 16J5 May 22. 2007 Page 3 of 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND EQUIPMENT. " - V\II,~ '\8.80110 ....,3lIlI.171(13)._-...-_.~_~....",. ~ 10< '111'. __ _ aquIpnwt tD .. pIIId .., _ --.0- ___ on 11II __ ","",-.o--_._natlll___ts.lIO)PM"_PW__ and wtlS.E.1\8, Tha_alCaunlyc:.....J . -~"'~CaunIr.-._I_...._. and 1nfldla.....liIldIIc ~...., and _II> _. ...Ior.. ellllallOood "811.leIooA_. - ....lallllr In ~ Ccu1Iy. . ICNI TIiEReFORE, BE IT RESOLVED BY lliE IlOAAD OF COUNTY ~ISSIONERS OF COWER COUNTY. ~ lhII: 1. _loll"" '1....3ll6.171(131._-._.,-.,'"-"'Iogonl_ 6oQA.......ol. _. _opIIon...lo<.. ~. of_ "811.....-.., 1eI6p/lclll6 - and........", ~Cou1Iy. 1NII1ia _ .. __ aIWlIllIIylD........, . , ....-___....U..... .. ._.171(13(.___ Far"peotodlil~1. 2007-"~ 'u30.2lIOlI,...........50_pw... ....pw__ 2. The County......... the. . . . _~ ~1~Ff t~-... '*J 1~16.... pn:ri.1e.) prDIl1dll'CI ......106d"811.__""'1r.....ID~ClIunIy_ _la__~CcIurqI. ..- opIIonfaa 1"'''_and___ID~County, 3. Soldl" ~1"'.":"._...~IIl"'~ .Ai...3lIlI.171(I3)(c)._--'.__n.. -.I;....~...toa.._of_paftlriI(I"llilltla_'1111._-...,_..,_..... "... COI'IlIionY. . 4. Monayln _. -.gCllltacl_1ll ~1o<..pIIaI ~. _In 80.. -'Ian 3115.171(13)(.)(3),_r - YdIIlo.....-..yrn.m....,_2007_....._1D ..- - _1IlIt_........,,~ "'....".... _..... 2008...., _. 1118 ____10..,.../>0 J . I . ......and...... ..-MalE811........and --. 1b.d1n....-...,3lIII.171(8)(13)(l1).__ ....~___ _118_" ...dln~"...__...~ U..3115.171(13)._-"". ThIt R8eoJIuIIon ~ on the 22nd d8Y of -. me,joolIy _ far 1Idoptian. 2007, -maIIon, _nil and AiTEsT: DWIGHT E. BROCK, CBk IICWlD OF COUHlY ~IS8IOlERS. 00lL1ER COUHlY. R.ORlDA. BY: ~ Bv. JAIES COlETT.... C-. A.,.,.......d _ III form and _..-",y. ~ ~Ja-- C."..... ... . County AIlDmIoy ~ Agenda Item No. 16J6 May 22, 2007 Page 1 of 24 ~ EXECUTIVE SUMMARY Request that the Board of County Commissioners accepts and approves asset disposition records for the time period October 1, 2006 through March 31, 2007. OBJECTIVE: For the Board of County Commissioners (Board) to accept into the Minutes the asset disposition records of items no longer deemed to serve a useful function or to have commercial value in compliance with the requirements set forth under Florida law regarding the disposition of County assets. CONSIDERATIONS: CMA# 5809 establishes a property and supply management system authorized by the County Manager. Each operating department is responsible for the proper and prudent acquisition, safeguarding, utilization, maintenance and transfer of fixed assets (tangible personal property of a non-consumable nature that has a normal useful life of one year or more and an acquisition value of $1,000 or more). The Clerk of the Circuit Court's Finance and Accounting Department is responsible for inventorying and tracking these assets. The Board's Purchasing Department is responsible for managing the transfer and disposition of these assets. ,-. Resolution 2006-268 authorizes the County's Director of Purchasing to determine whether fixed assets, which are no longer useful to the agency, have commercial value. If not, the Director is authorized to dispose of those items in an appropriate manner with or without offering the items for sale, trade or donation to other entities. Additionally, the Clerk of Court's Finance and Accounting Department is authorized to submit quarterly reports to the Board that identify the assets disposed under this provision. Enclosed are quarterly disposition asset reports. The reports include the following: October 2006 through December 2006 internet disposition sales; October 2006 through December 2006 donation and junked dispositions; and, January 2007 through March 2007 donation and junked dispositions. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: The Board of County Commissioners accepts into the Minutes the disposed assets listed in the enclosed reports. PREPARED BY: Karen Oberrath, Fixed Assets Accountant, Clerk of Court's Finance and Accounting Department ~ Page I of1 Agenda Item No. 1GJ6 May 22, 2007 Page 2 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16J6 Report to the Board of County Commissioners regarding the disposition of assets no longer deemed to serve a useful function orto have a commercial value Meeting Date: 5122/20079:00:QOAM Approved By Derek Johnssen General Accounl Manager Date Cler1l of Courts Finance 5/161200712:03PM Approved By Crystal Kirllel Direetorof Finllnce Dllte ClerkofCouns Finance 5/16120072:49PM Approved By JllmesV.Mudd County Manager Dllte BOll.rdofCounty Commissioners County Manllger'sOffice 5116120075:00 PM fil~.II('.\A(Jf';nrl::lTf';<;f\F\,'n(1rt\R1~MHV%?n?? %?mnr17\ 1 n %?()rrn'Jl;;.pl\lT%'J()AGPl\.TnA \ 1 h '<:;!1h!?nn'7 Agenda Item No. 16J6 May 22, 2007 Page 3 of 24 Collier County Board of County Commissioners Disposition Report of Fixed Assets Fiscal Year 2007: October. December, 2006 Internet Sales Disposition of fixed assets from official record COUNTY ASSET I " . # 077299 20000294 20000775 20000301 20000296 20000298 20000291 20000299 20000286 20000290 20011776 20011773 20011217 20011777 20011770 200111778 20011772 20011381 20011767 20011515 20011770 20001232 20011956 20011925 20000292 20000287 20011591 20011571 20011588 20011590 20011581 20011747 20011597 20011587 20000504 20011656 20020670 20011576 20011573 20011957 20011928 20030521 20011177 970279 20020777 20001091 20000653 20002645 990310 900915 20010209 961118 20001336 20001335 20000826 20001337 20001577 940455 910724 990495 20013053 20011081 ITEM DESCRIPTION SUBMITIING DEPARTMENT . ............ OCTOBER 2006 ASSET INTERNET SALES Recreation Program Code Enforcement Admin. Code Enforcement Admin. Code Enforcement Admin. Code Enforcement Admin. Code Enforcement Admin Code Enforcement Admin. Code Enforcement Admin. Code Enforcement Admin. Code Enforcement Admin. Engineering Project Rev. Engineering Project Rev. Engineering Project Rev. Engineering Project Rev. Engineering Project Rev. Engineering Project Rev. Engineering Project Rev. Code Enforcement Admin. Engineering Project Rev. Immokalee Aquatic Engineering Project Rev. Collections Collections Sta ke & Locate Code Enforcement Admin. Code Enforcement Admin. Bldg R & P Administration Bldg R & P Administration Bldg R & P Administration Bldg R & P Administration Bldg R & P Administration Bldg R & P Administration Bldg R & P Administration IT Netwoli<. Bldg R & P Administration [T Telephone Environmental Planning IT Network Collections Collections Collections System Support Collections Golden Gate Aquatic Golden Gate Aquatic Parks & Recreation Homemkr." CCE 7/01 Parks & Recreation Medicaid Waivers Social Services Admin Utilities Engineering Collections Marco Island Branch Library Golden Gate Branch Library Immokalee Branch Library E. Naples Branch Library Bldg R & P Administration Property Appraiser Supervisor ot Elections Naples Building R & P Bldg R & P Administration BCCOffice Compaq Computer Gateway Computer Gateway Computer Gateway Computer Gateway Computer Gateway Computer Gateway Computer Gateway Computer Gateway Computer Gateway Computer Dell GX1 10 Dell GX110 Dell GX1 10 Dell GX110 Dell GX110 Dell GX1 10 Dell GX110 Dell GX270 Dell GX110 Dell GX270 Dell GX270 Gateway Computer Deil GX110 Dell GX110 Gateway Computer Gateway Computer Dell GX110 Dell GX110 Dell GX110 Dell GX110 Dell GX110 Dell GX110 Dell GX110 Dell Tower Gateway Computer Dell GX110 Dell Tower Dell GX110 Dell GX110 Dell GX110 Dell Computer Dell Computer Dell Computer Gateway Computer Dell Computer Dell Computer Gateway Computer Unlsys HP Laserjet HP Deskjet HP Deskjet HP LaserJet HP Laserjet HP Laserjet HP Laserjet Hp Laserjet HP Laserjet HP Laserjet HP Laserjet Canon Fax Canon Fax Canon Fax DISPOSITION TYPE Sold Sold Sold Sold Sold - Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold Sold DISPOSITION RECORD DATE 10f31f2006 10f31f2006 10/3112006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/3112006 10/31/2006 10/31/2006 10/31/2006 10/3112006 10/31/2006 10/31/2006 10/31/2006 10/3112006 10/31/2006 10/31/2006 10/31/2006 10/31f2006 10/31/2006 10/31/2006 10/31/2006 10/3112006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31f2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006 10f31/2006 lOf31/2006 10f31/2006 10/31/2006 Agenda Item No. 16J6 May 22, 2007 Page 4 01 24 Collier County Board of County Commissioners Disposition Report of Fixed Assets Fiscal Year 2007: October. December, 2006 Internet Sales 1 DiSDosition of fixed assets rom official record COUNTY ASSET " SUBMITTING DEPARTMENT DISPOSITION DISPOSITION ., '[ ,. ';!Fe.' .... ..,......,""'>.;.';; T~'s;+.,,"J.0;\;,,/f';"',',., ;t;:" TYPE" RECORD DATE 960246 Projector IT Sold 10/31f2006 965103 Ericsson Radio for Auto Stake & Locale Sold 10/31/2006 990425A Ericsson Radio for Auto Collections Sold 10131f2006 9904250 Ericsson Radio for Auto Collections Sold 10/31/2006 20020506 Ericsson Radio for Auto Collections Sold 10/31/2006 970628 Ericsson Radio for Auto Collections Sold 10/31/2006 970991 Ericsson Radio for Auto Collections Sold 10f31/2006 965086 Ericsson Radio for Auto Collections Sold 10f3112006 965087 Ericsson Radio for Auto Stake & Locate Sold 10/3112006 965114 Ericsson Radio for Auto Collections Sold 10/31/2006 965116 Ericsson Radio for Auto Collections Sold 10/31/2006 965111 Ericsson Radio for Auto Collections Sold 10/31/2006 965112 Ericsson Radio for Auto Collections Sold 10/31/2006 940367 Fisher Camcorder Distribution Sold 10/31/2006 950688 Sony Camcorder Public Information Sold 10/31/2006 950453 Camera Golden Gate Aquatic Sold 10/31/2006 20000223 Scanpartner Supervisor of Elections Sold 10/31/2006 200001473 Scanpartner Supervisor of Elections Sold 10/31/2006 85810 File Cabinet Social Services Admin. Sold 10/31/2006 920235 File Cabinet Supervisor of Elections Sold 10/31/2006 85856 File Cabinet Supervisor of Elections Sold 10/31/2006 85857 File Cabinet Supervisor of Elections Sold 10/31/2006 81236 FHe Cabinet Supervisor of Elections Sold 10/31/2006 891751 File Cabinet Supervisor of Elections Sold 10/3112006 81841 File Cabinet Purchasing Sold 10/31/2006 NOVEMBER 2006 ASSET INTERNET SALES 20031713 Dell GX270 Code Enforcement Admin. Sold 11/30/2006 20040608 Dell GX2. County Attorney Sold 11/30/2006 950124 File Cabinet Admin. Said 11/30/2006 20020427 Plotter Transportation Engineering Sold 11/30/2006 DECEMBER 2006 ASSET INTERNET SALES 20020841 Dell Computer Property Appraiser Sold 12/31/2006 20020825 Dell Computer Property Appraiser Sold 12/31/2006 20020838 Dell Computer Property Appraiser Sold 12/31/2006 20020839 Dell Computer Property Appraiser Sold 12/31/2006 20020416 Dell GX400 Building R & P Contractor Sold 12/31/2006 20011560 Dell GX270 Naples Building R & P Sold 12/3112006 Agenda Item No. 16J6 May 22. 2007 Page 5 of 24 Collier County Board of County Commissioners Disposition Report of Fixed Assets Fiscal Year 2007: October 1, 2006 through December 31, 2006 Disposition of fixed assets from official record I'iff' '" ". .,. . . '. DISPOSITION COUNTY .ITEM"~ei;hRIPTlON DISPOSITION DISPOSITION, APPROVAl DISPOSITION ASSET' -: SUBMIT11NG DEPARTMENT TYPE" COMMENT DATE RECORD DATE 920721 Kawasaki All-Terrain Vehicle Parks & Recreation Stolen 19961ncidenl 10/13/2006 12/31/1996 981154 Ice-maker Parks & Recreation Junked Un repairable 10/2712006 6/3012006 20010846 Front Load Bill Changer Parks & Recreation Destroyed Case #MIPD060091 1117/2006 913012006 20042272 Beach Wheel Chair Parks & Recreation Stolen Case #0600031439 3/9/200 9/3012006 20012110 L1lePak Monitor Emergency Medical Services Destroyed Service accident 11/6/2006 10131/200 20042169 Dell Computer Utilities Assessment Junked 11/7/2006 8131/2006 OCTOBER 2006 ASSET DISPOSITIONS 20010905 Security Golf Cart Facilities Maintenance Servicss Junked 10/18/2006 10131/2006 950277 Security GOlf Cart Facilities Mainlsnarlce Services Junked 10/1812006 10131/2006 83078 IBM Selectric County Atlorney Junked 10/20/2006 10/31/2006 970380 HPPrinter Transportation Adminlstrahon Junked 10/24/2006 10/31/2006 980064(#3) 1999 FreightlinerAmbulance Emergency Medical Serv,ces Total Loss Vehicle Accident 10124/2006 10/3112006 980852 Toshiba Fax Machine USCS Junked 10/2512006 10/31/2006 981016 Canon Fax USCS Junked 1012512006 10/3112006 991182 HP Printer UBCS Junked 10125/2006 10131/2006 20001124 Ideal Scanner Operations Support & Housing Junked 10113/2006 10131/2006 20042169 Desktop Computer Utilities Assessment Junked 10/312006 1013112006 20031656 Wireless Microphone System Communications Junked 10120/2006 10131/2006 200420066 Air Compressor with Tank Water Distributions Junked 10120/2006 10/31/2006 20042866 HPPrinter TrafficOperallOns Junked 10/24f2006 1013112006 20000929 Baseball Safety Netting Parks & Recreation Destroyed Hurricane Charlie 10/2412006 10/3112006 20000930 Baseball Safety Netting Parks & Recreation Destroyed Hurricane Wilma 10/2412006 10f31/2006 970248 Stainless Steel Column Shower Parks & Recreat,on Demolished 10124/2006 10131/2006 910543 Storage Shed Parks & Recreation Demolished 10/2412006 10131/2006 20011099 CedarSignage Parks & Recreation Destroyed Vehicle Accident 10124/2006 10/31/2006 980160 Playground EqUipment Parks & Recreation Junked 10/27/2006 10/3112006 20030858 3Way Playground Climber Parks & Recreation Junked 10/24/2006 10/3112006 20011136 Shade Shelter Parks & Recreation Demolished 10124/2006 10131f2006 871362 Security Alarm System Parks & Recreation Donated Cltyo/Marco Island 10/24/2006 1013112006 20000638 All Terrain Beach Wheeled Chair Parks & Recrea\lon Junked 10/13/2006 10/3112006 NOVEMBER 2006 ASSET DISPOSITIONS 960350 ParkinoMeter Parks & Recreation Junked 11/912006 11130/2006 980391 All Terrain Wheeled Chair Parks & Recreation Junked 1119/2006 1113012006 20010554 Poke Boat ParkS & Recreation Junked Unrepairable 11.19/2006 1113012006 20000883 Dell Computer Tax Collector Junked 1117/2006 11130/2006 20000887 Dell Computer Tax Collector Junked 1117/2006 11130/2006 20000882 Dell Computer Tax Collector Junked 1117/2006 11130i2006 20000895 DeUComputer Tax Collector Junked 1117/2006 11/30/2006 DECEMBER 2006 ASSET DISPOSITIONS 20030473 60" TV Parks & Recreation Junked Unreoairabla 1212212006 12131/2006 990246 Gateway Computer Monitor Parks & RecreatFon Junked 12/2212006 12/3112006 20011178 DallComputer Collection Junked 12/22/2006 1213112006 990462 GatewayComputar COde Enforcemenl Junked 1212212006 12131/2006 20011828 Dell Non Lmear Computer Public Information Junked 12122/2006 12/31/2006 20011907 Dell Non Linear Com puler Airport Aut~ority Admin Junked 12/2212006 12/31/2006 20011712 Dell Non Linear Computer DomesticAnlmalSarvice Junked 12/22/2006 12131/2006 20011724 Dell Non Linear Computer Maintenance Service Junked 12122/2006 12/3112006 20011650 Dell Non Linear Computer Domestic Animal Service Junked 12/2212006 12/31/2006 20011621 Dell Non Linear ComplJter IT Network Junked 12/2212006 12/3112006 20011771 Dell Non linear Computer IT Admil1,stration Junked 12122/2006 12/31/2006 20012018 Dell Non lmear Computar EMS Junked 12122/2006 12131/2006 20001570 Dell Non lmearCompuler ImmokaleeAqualic JunKed 12/22/2006 12131/2006 20011730 Dell Non LinaarCompuler Mamtenance Service Junked 12/2212006 12/3112006 20011401 Dell Non Linear Computer IT Network Junked 12/22/2005 12/31/2006 20011508 Dell Non LinearComouter Golden Gale Comm. Cenler Junked 12/22/2006 12/31/2006 20011823 Dell Non Linear Computer E. Naples Comm. Park Junked 12/2212006 12/31/2006 20011633 Dell Non Linear Computer Management & Budget Junked 12/22/2006 12/31/2006 20011652 Dell Non Linear Computer IT Telephone Junked 12/2212006 12/31/2006 20010805 Dell Non linear Computer Public Irl/ormalion Junked 12122/2006 12/31/2006 20011847 Dell Non Linear Computer IT Network Junked 12/22/2006 12/31/2006 20011864 Dell Non Linear Computer Trans Eng/ConstOpar. Junked 12122/2006 12131/2006 20012036 Dell Non LinearCompuler Trans Eng/ConstOper Junked 12/2212006 12/31/2006 20031698 Detl Non Linear Comoutar Public Information Junked 12/22/2006 12131/2006 Agenda Item No. 16J6 May 22, 2007 Page 6 of 24 Collier County Board of County Commissioners Disposition Report of Fixed Assets Fiscal Year 2007: October 1, 2006 through December 31, 2006 offi f Disposition lxed assets rom official record ,.C':t,,~,:',kt1t*~, II'i;ff\~~~!!;;';i"""I\"i;';' 1....i'..VSt..'i.,. .. .. "i DISPOSITION ".,., DI~~b~i~ON' ~~,!" COU~fLi iT.,i"';' :DISPOSiTiON DISPOSITION APPRO\(AL t' ASSET'.~.' TYPE' ....i. COMMENT DATE' RECORD DATE 20020407 OellGX 150 Purchasing Administration Junked 12/22/2006 12/31/2006 20031040 Dell GX26Q Address & Records Junked 12/22/2006 12/31/2006 20042169 Dell GX27Q UlililiesAssessmenl Junked 12/22/2006 12/31/2006 20011373 DellGX 110 OchopeeFire District Junked 12/28/2006 12/3112006 20011583 Den GX 110 Bid R & P Administration Junked 12128/2006 12/3112006 20011374 Dell GX 110 OchopeeFire District Junked 12/28/2006 12/3112006 20011647 Dell GX 110 IT Telephone Junked 12/28/2006 12131/2006 86223 G" Side Chair Purchasing Administralion Junked 12/11/2006 12/31/2006 20011739 Dell GX 110 SHIP Junked 12/28/2006 12/31/2006 20020391 Precision 330 Transportation Eng. Junked 12/28/2006 12/31/2006 20011807 oellGX110 IT Administration Junked 12/28/2006 12/31/2006 20011799 DellGX110 Utilities Fin. Admin. Junked 12/28/2006 12/31/2006 20010587 oellGX 110 Utilities Billin Junked 12/28/2006 12/31/2006 20011401 DeIlGX 110 IT Network Junked 12/28/2006 12/31/2006 970995 LatitudeLM Water Ops. Admin. Junked 12/28/2006 12/31/2006 20011488 DeIlGX 110 Water Pollution Junked 12/28/2006 12/31/2006 20012041 De!lGX 110 Trans Eng/Const Oper Junked 12/28/2006 12/31/2006 20011457 DetlGX 110 Traffic Operations Junked 12/28/2006 12/312006 20001543 Dell GX 110 Traffic Operations Junked 12/2812006 12/31/2006 20011126 Dell GX 150 Code Enforcement Junked 12/28/2006 12/31/2006 20011127 Deil GX 150 Code Enforcement Junked 12/2812006 12/31/2006 20011483 Dell GX 110 IT Administration Junked 12/28/2006 12131/2006 20012025 DeIlGX 110 EMS Junked 12/28/2006 12/31/2006 20011802 DeIlGX 110 IT Administration Junked 12/28/2006 12131/2006 20011850 DaIlGX 110 Utilities Engineerina Junked 12/2812006 12131/2006 20011530 DeIlGX 110 Parks & Recreation Junked 12/2812006 12/31/2006 20011147 Gateway Code Enforcement Junked 12/28/2006 12131/2006 20011534 DeIlGX 110 Parks & Recreation Junked 12/28/2006 12/31/2006 20011579 DeIlGX 110 Bldg R & P Administration Junked 12/28/2006 12/31/2006 20011866 OeIlGX 110 Trans Eng/ConstOper. Junked 12128/2006 12/31/2006 20011857 De!lGX 110 Trans Eng/ConstOper. Junked 12/2812006 12/31/2006 20011733 De!1 GX 110 Maintenance Service Junked 12/28/2006 1213112006 20011203 Dell GX 150 ScalehouseOp. Junked 12/28/2006 1213112006 20001630 Dell GX 110 Transportation Division Junked 12/2812006 1213112006 20010737 Dell GX 110 Address & Records Junked 12/2812006 1213112006 20011908 Dell GX 110 Airport Authority Admin Junked 12/2812006 12/31/206 20011998 DeIlGX 110 Fleet Management Junked 12128/2006 1213112006 20011932 DellGX 110 WWLabs Junked 12/28/2006 12131/2006 20011858 DellGX 110 Transportation Engineering Junked 12/2812006 12/31/2006 20011585 DellGX 110 Bldg R & P Administration Junked 12128/2006 12/3112006 20011523 DeUGX 110 Recreation Prog. Junked 12/2812006 12/3112006 20011536 Dell GX 110 Parks & Recreation Junked 12/28/2006 12/3112006 20011580 Dell GX 110 Bldg R & P Administration Junked 12128/2006 12/3112006 20011859 Dell GX 110 Transportation Enaineering Junked 12/2812006 12131/2006 20011859 DeItGX 110 Transportation Engineering Junked 12/2812006 12131/2006 950589 Kontek 12~20 EQuipment Shelter 800 MHZ Intergover Donated First Assembly 01 God 12/29/2006 12/31/2006 890478 Wood Desk Purchasing Administralion Junked 1211112006 12131/2006 867786 Wood Desk Purchasing Administration Junked 12/1112006 12/31/2006 890480 Wood Desk Purchasing Administration Junked 12/1112006 12/31/2006 20001011 Toshiba Notebook Judge Brousseau Donated Sheriffs Ranches Ent 12/12/2006 12/3112006 991074 Gateway Computer MIS Donated Sheriffs Ranches En!. 12/12/2006 12/31/2006 20020291 Dell GX240 Tax Collector Donated Sheriffs RanchesEnt. 12/12/2006 12/31/2006 20020289 Dell GX240 Tax Collector Donated Sheriffs Ranches En!. 12112/2006 12/31/2006 20020277 DeltGX240 Tax Collector Donated Sheriffs Ranches Ent. 12/12/2006 12131/2006 20020285 Dell GX240 Tax Collector Donated Sheriffs Ranches En!. 12/12/2006 12131/2006 20020283 Dell GX240 Tax Collector Donated Sheriffs Ranches Ent. 12112/2006 12/3112006 20020287 Dell GX240 Tax Collector Donated Sheriffs Ranches En!. 1211212006 12/31/2006 20020282 Dell GX 240 Tax Collector Donated Sheriffs Ranches Ent 12112/2006 12/3112006 20020305 Dell GX240 TaxColiector Donated Sheriffs Ranches Ent 12/1212006 12/3112006 20020821 Dell GX 240 Tax Collector Donated Sheriffs Ranches En!. 12/12/2006 12/31/2006 20020304 Dell GX240 Tax Collector Donated Sheriffs Ranches En!. 12/1212006 12/31/2006 20030363 Dell GX260 Tax Collector Donated Sheriffs Ranches En!. 12/12/2006 12/3112006 20030372 Dell GX260 Tax Collector Donated Sheriffs Ranches EnL 12/1212006 12/31/2006 Agenda Item No. '16J6 May 22. 2007 Page 7 of 24 Collier County Board of County Commissioners Disposition Report of Fixed Assets Fiscal Year 2007: October 1, 2006 through December 31,2006 ~ Disposition of fixed assets from official record OISPOSITION COUNTY DISPOSITION DISPOSITION APPROVAL DISPOSITION ASSET" ITEM DESCRIPTION SUBMITTING DEPARTMENT TYPE COMMENT DATE RECORD DATE 20020270 Dell GX 150 Tax Collector Donated Sheriffs Ranches En! 12112/2006 12/31/2006 20030101 Dell GX260 Tax Collector Donated Sheriffs Ranches Erll 12/12/2006 12/3112006 20020293 Dell GX240 Tax Collector Donated Sheriffs Ranches Erll 12/12/2006 12/31/2006 20020300 Dell GX 240 Tax Collector Donated Sheriffs Ranches En! 12/1212006 12/31/2006 20020296 Dell GX 240 Tax Collector Donaled Sheriffs Ranches Ent 1211212006 1213112006 20020301 Dell GX 240 Tax Collector Donated Sheriffs Ranches Ent 12/12/2006 12/31/2006 20020298 Dell GX 24Q Tax Collector Donated Sheriffs Ranches Enl 1211212006 12/31/2006 20020299 Dell GX240 Tax Colleclor Donated Sheriffs Ranches Enl 12/1212006 12/31/2006 20020297 Dell GX240 Tax Collector Donated Sheriffs Ranches En! 12112/2006 12/31/2006 20020288 Dell GX240 Tax Collector Donated Sheriffs Ral1ches Ent 12112/2006 12/3112006 20010267 Dell GX 110 Tax Collector Donated Sheriffs Ranches Ent 12112/2006 1213112005 20000879 Dell GX 110 Tax Collector Donated Sheriffs Ranches Ent 12112/2006 12/3112006 20000884 DellGX 110 Tax Collector DOl1ated Sheriffs RanChes En!. 12112/2006 1213112006 20010482 Dell GX 110 Tax Collector Donated Sheriffs Ranches En!. 12/12/2006 12/31/2006 20010262 Dell GX 110 Tax Collector Donated Sheriffs Ranches Ent. 12/1212006 12/31/2006 20000885 Dell GX 110 Tax Collector Donated Sheriffs RanchesEnl 12/1212006 12/31/2006 20010265 Delt GX 110 Tax Collector Donated Sheriffs Ranches Enl 12/1212006 12/31/2006 20010266 Dell GX 110 Tax Collector Donated Sheriffs Ranches Enl 12/12/2006 12/3112006 20000866 Dell GX 110 Tax Collector Donated Sheriffs Ranches Ent 12/1212006 12/31/2006 20000894 Dell GX 110 Tax Collector Donated Sheriffs Ranches Ent 12/12/2006 12/31/2006 20000878 Dell GX 110 Tax Collector Donated Sheriffs RanChes Ent 12/12/2006 12/31/2006 20000888 Dell GX 110 Tax Collector Donated Sheriffs Ranches Ent 1211212006 12/3112006 20000880 Dell GX 110 Tax Collector Donated Sheriffs Ranches Ent 12/12/2006 1213112006 20000889 Dell GX 110 Tax Collector Donated Sheriffs Ral1c~les Ent 12/12/2006 12131/2006 20000893 DellGX 110 Tax Collector Donated Sheriffs Ranches Ent 12/12/2006 1213112006 20010571 DellGX 110 Trans Eng/Const Oper Donated Sheriffs Ranches Ent 12/1212006 12/31/2006 20011531 Dell GX 110 Recreation Prog Donated Sheriffs RanChes Ent 12/12/2006 .2/31/2006 20010574 Dell GX 110 Trans Eng/ConstOoer Donated Sheriffs RanChes Ent 12.'12/2006 12/3112006 20020390 Dell Precision 330 Trans Eng/ConstOper Donated Sheriffs Ranches Ent 12/12/2006 12/31/2006 20011324 Dell GX 110 Code Enforcement DOr1aled Sneriffs Ranches Ent 12/12/2006 1213112006 20011784 Dell GX 110 Code Enforcemenl Donated Sheriffs Ranches Ent 12/12/2006 12131/2006 20011380 DellGX 110 Code Enforcement Donated Sheriffs Ranches Ent 12/12/2006 12/31/2006 20011377 DellGX 110 Code Enforcement Donated Sheriffs Ranches Ent 12/12/2006 12131/2006 20031711 Dell GX270 Code Enforcement Donated Sheriffs Ranches Enl 12/12/2006 12/31/2006 20001515 GalewayMonilor Maintenance Servlce Donated Shenffs Ranches Ent 12/12/200fJ 12/3112006 20001516 Gateway Monitor Mainlenance Service Donated Sheriffs RanChes Ent 12/1212006 12/31/2006 20020612 NEC Monitor Maintenance Serv'ce Donated Sheriffs Ranches Ent 12/12/2006 12/31/2006 20012004 Dell 667 MHZ Computer Property & Casualty Donated Sheriffs Ranches Ent 12/12/2006 12/31/2006 20031686 Dell Monitor Code Enforcemei1t Donated Sheriffs Ranches Ent 12/12/2006 12/31/2006 20031684 Dell Monitor Code Enforcement Donated Sheriffs RanChes En!. 12/12/2006 12/3112006 20031685 Dell MOnllor Code Enforcement Donated Sheriffs RanChes En! 12/12/2006 12/3112006 950177 Toshiba Printer Museum of Everglades Donated Sheriffs Ranches Enl 12/12/2006 12/31/2006 963045 HPDeskjet Courtroom 00 & Maint Donated Sheriffs Ranches Ent 12112/2006 12/31/2006 20011145 HPlaser Printer CDES Business Svstem Donated Sheriffs RanChes Ent 12112/2006 12/3112006 910371 CAMultiprinter Felony Donated Sheriffs Ranches Ent 12/1212006 12/31/2006 980215 HP Laser Printer Maintenance Service DOf1ated Sheriffs Ranches Ent 12/1212006 12/31/2006 940772 HP Laser Printer Clerk's Finance and Accounting Donaled Sheriffs RanChes Ent 12/12/2006 12/31/2006 900728 Konica Copier Satellite Donated Sheriffs Ranches Ent 12/12/2006 12/3112006 20010204 Savin Copier G:Jlden Gate Aquatic Donated Sheriffs RanChes Ent 12/12/2006 12/31/2006 940424 HPDeskjel Trans Enq/Const Qper Donated Sheriffs Ranches En!. 12/12/2006 12/31/2006 970207 Konica Fax Transportation Donated Sheriffs Ranches En!. 12/12/2006 12/31/2006 990545 Canon Fax Counroom Op, & Maint Donated Sheriffs Ranches Ent 12/12/2006 12r31/2006 88120 PanasonicTypewriter Domestic Animal Service Donated Sheriffs Ranches En! 12/12/2006 12131/2006 20020959 Color Multiplexer General BuildIng Renovation Donated Sherfffs Ranches Ent 12/1212006 12/31/2006 20010832 VCR General Buildll19 Renovation Donated Sheriffs RanChes Ent 12/12/2006 12/31/2006 20010831 9 Channel Multiplexer General Buildil1g Renovalion Donated Sherfffs Ranches Ent 12/12/2006 12/31/2006 20010830 9 Channel Multiplexer General8uilding Renovation Donated Sheriffs RanChes Ent 12/12/2006 12/31/2006 981021 HPScanjet Courtroom Op & Maint Donated Sheriffs Ranches En! 12112/2006 12131/2006 20030741 Marantz Portable Recording System Courtroom Op, & Main!. Donated Sheriffs Ranches En! 12/12/2006 12131/2006 20011252 CATV TekPack 80x MIS Donated Sheriffs Ranches Ent 12/12/2006 12/31/2006 940268 Sony Video Cassette Recorder Trans Eng/ConstOper Donated Sheriffs Ranches Ent 12/12/2006 12131/2006 20001119 Canon Scanner Code Enlorcemen! Donated Sheriffs Ranches Ent 12/12/2006 12/31/2006 900988 Judges Executive Desk Courtroom Or: & Maint Donated Sheriffs Rancnes Ent 12/12/2006 12/31/2005 Agenda Item No. 16J6 May 22, 2007 Page 8 of 24 Collier County Board of County Commissioners Disposition Report of Fixed Assets Fiscal Year 2007: October 1,2006 through December 31, 2006 . D' n' ffi ed t f ffi . I rd ISDQS Jon 0 IX asse s rom 0 ICla reco ,,";;'>/,>.,1/';;;" I;~~. ......~.......<i)i. .' .. '.. ... DISPOSITION . cou~t:~: ','i DISPOSTTION }', DISPOSITION APPROVAL DISPOSlTlON .. ASSET#"" '.. SUBMITTING DEPARTMENT TYPE ";,,,:,'COMMENT .i DATE RECORD DATE 900716 Sleslcase Desk Emeraency Mgt. Admin. Donated Sheriffs Ranches Enl. 12112/2006 12/31/2006 990341 HP Laser Printer Judge Brousseau Donated Sheriffs Ranches Enl. 12/12/2006 12/31/2006 20042355 U-shapedWorkstalion Currenl Plan 20Q4 Donated Sheriffs Ranches Ent. 12/12/2006 12/31/2006 88859 5 Drawer File Cabinet Property & Casualty Donated Sherrffs Ranches Ent. 12/12/2006 12/3112006 861170 5 Drawer File Cabinet Code Enforcement Donated Sheriffs Ranches En!. 12112/2006 12/31/2006 861223 5 Drawer File Cabinet Purchasing Administration Donated Sheriffs Ranches En!. 12/12/2006 12/31/2006 861220 5 Drawer File Cabinet Purchasing Adminislration Donated Sheriffs Ranches Ent 12112/2006 12/3112006 86223 2 Drawer Wooden File Maintenance Service Donated Sheriffs Ranches Ent 12/12/2006 12/3112006 861386 4 Drawer File Cabinet Pro.ect Review 2004 Donated Sheriffs Ranches Ent 12/1212006 12/31/2006 88361 5 Drawer File Cabinet Project Review 2004 Donated Sheriffs Ranches En\. 12/12/2006 12/31/2006 8611206 4 Drawer Fi!e Cabinet Project Review 2004 Donated Sheriffs Ranches En\. 12/1212006 12/3112006 881175 5 Drawer File Cabinet Project Review 2004 Donated Sheriffs Ranches En!. 12112/2006 12131/2006 861171 5 Drawer File Cabinet Project Review 2004 Donated Sheriffs Ranches Ent 1211212006 1213112006 891120 5 Drawer File Cabinet Project Review 2004 Donated Sheriffs Ranches Ent. 12112/2006 12131/2006 861160 5 Drawer File Cabinet Project Review 2004 Donated Sheriffs Ranches Ent. 12/12/2006 12/31/2006 861134 5 Drawer File Cabinet Project Review 2004 Donated Sheriffs Ranches En!. 12112/2006 12/31/2006 890523 5 Drawer File Cabinet Project Review 2004 Donated Slleriffs Ranches En!. 12112/2006 12/31/2006 890535 5 Drawer File Cabinet Project Review 2004 Donated Sheriffs Ranches Ent 12112/2006 12/31/2006 Agenda Item No, 16J6 May 22, 2007 Page 9 of 24 Agenda Item No. 16J6 May 22, 2007 Page 10 of 24 Agenda Item No, 16J6 May 22, 2007 Page 11 of 24 Agenda Item No. 16J6 May 22, 2007 Page 12 of 24 Agenda Item No. 16J6 May 22. 2007 Page 13 of 24 Agenda Item No. 16J6 May 22, 2007 Page 14 of 24 Collier County Board of County Commissioners Disposition Report of Fixed Assets Fiscal Year 2007: January 1,2007 through March 31, 2007 .. DisDosition of fixed assets from official record ,..... ""i'jVU~~i~ "~?J~,~l ;...';f..L,i.>.;;8...;i...........,.. '....' I....,u,',(,>+,~ DISPOSITION DISPOSITION :,.m'cb"UNn!';:": :'~~~~:I~~;~I~;~~':::\(l;'*',<;:,'1 ':<::,:' APPROVAL ;c: RECORD' " ASsET "i'':~' ".1" DATE' DATE JANUARY 2DD7 ASSET DISPOSITIONS 20010069 Blue Bird Transit Bus Alternative Transportation Tolal Loss 12/15/2006 Accident 1/25/2007 1/3112007 940199 EMS Marker Localor Distribution Junked 1/31200 1/3112007 970310 Systems Division Localor Distribution Junked 1/3/200 113112007 900738 Haloaen Exam Lamp Health Department Junked 1/2312007 1/31/2001 20010765 LaserJelPrinler Distribution Junked 1/31/2007 1/31/2007 20043053 Canon Fax Machine Distribution Junked 1/31/2007 1/31/2007 20060695 Cybex Leg Extension E Naples Community Park Junked 1/28/2007 1/31/2007 20060696 Cvbex Leo Curl E Naples Community Park Junked 1/28/2007 1131/2007 20060694 C bex Chest Press E Naples Community Park Junked 1/28/2007 1/31/2007 20060693 Cybex Lat Pulldown E Naples Community Park Junked 1/2812007 113112007 891231 Mobile Track Filing System Address & Records Junked 1/2/2007 1/3112007 9000637 Mobile Track Filing System Address & Records Junked 1/2/2007 1/3112007 921110 Mobile TraCk Filin System Address & Records Junked 112/2007 1/3112007 20001353 Ericsson Desktop Radio Distribution Junked 1/3/2007 113112007 20011535 DellGX 110 IT Network Junked 1/1212007 1/31/2007 20011832 DellGX 110 IDomestic Animal Service Junked 1/12/2007 1/3112007 20011587 DellGX 110 IT Network Junked 1/12/2007 1131/2007 20011748 Dell GX 110 Office of Utility Reg, Junked 1112/2007 1131/2007 20011923 Dell GX 110 WW Operation Admin. Junked 1/12/2007 1/31/2007 20011821 Dell GX 110 Beach & Water Park Junked 1112/2007 113112007 20011924 Dell GX 110 Utilities Fin. Admin, Junked 1112/2007 1131/2007 20011749 Dell GX 110 Office of Utility Reg. Junked 1/1212007 1131/2007 20011539 Dell GX 110 Parks & Recreation Admin Junked 1/12/2007 1131/2007 20001568 Dell GX 110 Parks & Other Prop. Junked 1/12/2007 113112007 981043 Dell P6300 Parj{s & Recreation Admin. Junked 1/12/2007 1131/2007 981086 Dell P6300 ParkS & Recreation Admin. Junked 1/12/2007 1/31/2007 20011762 Dell GX 110 Address & Records Junked 1112/2007 1131/2007 20020404 Dell GX400 County Attorney Junked 1/1212007 113112007 20020424 Dell GX400 Naples Building R & P Junked 1/1212007 1/3112007 20011520 Deli GX 400 Veterans Comm. Parj{ Junked 1/12/2007 1/31/2007 20020369 Dell GX 400 Real Estate Services Junked 1/1212007 1/3112007 20020533 Dell GX 400 Address & Records Junked 111212007 1/3112007 20011420 DellGX400 Golden Gate Comm Junked 1112/2007 1/31/2007 20030452 Dell Latitude Transportation Junked 111912007 1/31/2007 20021049 PanasonicToughbook Building R& Plnspeclion Junked 1119/2007 1/3112007 20021030 PanasonicToughbook Building R&Plnspection Junked 111912007 1/31/2007 20021034 PanasonicToughbook Building R & P Inspection Junked 1/19/2007 1/3112007 20021038 PanasonicToughbook Building R& P Inspection Junked 1119/2007 113112007 20021039 PanasonicToughbook Building R& P Inspection Junked 111912007 1/3112007 20042056 Dell 0600 Collection Junked 111912007 113112007 20020422 Dell opliplex 400 IT Network Junked 1/1912007 1131/2007 20011915 DellGX 110 Utilities Fin Admin Junked 1/3112007 1131/2007 20012030 DellGX 110 Utilities Engineering Junked 1131/2007 1/3112007 20011782 DeIlGX 110 Domestic Animal Ser~ice Junked 113112007 1/31/2007 20012015 DellGX 110 EMS Junked 1/31/2007 1/3112007 20011707 Dell GX 110 Domestic Animal Service Junked 1/31/2007 113112007 20011913 Dell GX 110 Utilities Fin. Admin. Junked 113112007 1/3112007 20011706 Dell GX 110 Domestic Animal Service Junked 1/31/2007 1131/2007 20011709 Dell GX 110 Domestic Animal Service Junked 113112007 113112007 20011731 Dell GX 110 IT Network Junked 1/3112007 1/31/2007 20011855 DellGX 110 Domestic Animal Service Junked 1/3112007 1/31/2007 20001629 Dell GX 110 Transportation Junked 1/31/2007 1131/2007 20011572 DellGX 110 Marco ISland Exec Airport Junked 1/3112007 1/3112007 20011781 DellGX 110 IT Junked 1/3112007 1/31/2007 20021079 Dell GX 240 IT Networj{ Junked 113112007 1/31/2007 20022662 Dell Precision 340 Emergency M mt. Admin. Junked 1/3112007 1/3112007 20011207 DellGX 150 ScalehouseOp. Junked 113112007 1/3112007 20011204 Dell GX 150 ScalehouseOp Junked 1/31/2007 1131/2007 20021078 Dell GX240 IT Network Junked 1/31/2007 1/3112007 20011125 Dell GX330 LDO Range Plan Graph Junked 1/31/2007 1/3112007 20020392 Dell GX330 Transportation En ineering Junked 1/31/2007 1131/2007 Agenda Item No. 16J6 May 22. 2007 Page 15 of 24 Collier County Board of County Commissioners Disposition Report of Fixed Assets Fiscal Year 2007: January 1,2007 through March 31, 2007 * Disposition of fixed assets from official record 1< .. . . DISPOSITION DISPOSITION COUNTY, DISPOSITION APPROVAL ,.,.RECORD ASSET . ....;.. ITEM DESCRIPTION SUBMmlNG DEPARTMENT TYPE DISPOSITION COMMENT I DATE' ' DATE FEBRUARY 2007 ASSET DISPOSITIONS 20022605 HPPrinter Address and Records Junked 211/2007 2/2812007 20010944 Gateway PC Satellite Junked 2.'512007 2/2812007 20010942 Gateway PC Satellite Junked 2/512007 2/2812007 20010941 Gateway PC Satellite Junked 2/5/2007 2/2812007 20010938 Gateway PC Satellite Junked 2/5/2007 212812007 20000646 Compaq ES2003 Planning Services Admin Junked 2/6/2007 2/2812007 960484 Compaq Proliant IT Admin.stralion Junked 2/612007 2/2812007 20020671 Deli GX400 Current Planning Junked 21612007 212812007 20021037 PanasonicToughbook Bldg R& P Inspection Junked 2/1612007 2/2812007 20021042 PanasonicToughbook 81dg R& P Inspection Junked 211612007 2/2812007 20021055 PanasonicToughbook 81dg R & P inspection Junked 211612007 2/2812007 20021033 PanasonicToughbook Btdg R & P Inspection Junked 2/1612007 2/28/2007 20042099 PanasonicToughbook Bldg R & Plnspection Junked 2/16/2007 2/28/2007 20021040 PanasonicToughbook 81dg R& Plnspection Junked 2/16/2007 2/2812007 20021048 PanasonicToughbook Bldg R& Plnspection Junked 211612007 2/28/2007 20042101 PanasonicToughbook Bldg R& P Inspection Junked 2116/2007 2/28/2007 20030907 PanasonicToughbook Bidg R& P Inspection Junked 2116/2007 2/28/2007 20021041 PanasonicToughbook 81dg R& P Inspection Junked 2/16/2007 2/28/2007 2011701 OellGX 110 HRAdministration Junked 2/16/2007 2/2812007 20011584 Dell GX 110 Bldg_ R & P AdmInistratIon Junked 2/16/2007 212812007 20012004 Deli GX 110 Properly & Casualty Junked 2116/2007 2/2812007 20051615 JVC Video Cassette Recorder Public Information Junked 2/20/2007 2/28/2007 950019 Mack Truck Coilection Traded In 2/2012007 2128/2007 20000746 Dell Monitor State Attorney Junked 2/2212007 2/2812007 20011491 DeIGX 110 State Attorney Junked 2/22/2007 2/2812007 20011466 OellGX 110 State Attorney Junked 2/22/2007 2/28/2007 20011493 OellGX 110 State Attorney Junked 2122/2007 2/28/2007 20011468 Dell GX 110 State Attorney Junked 2122/2007 2/2812007 20011987 Dell GX 110 State Attorney Junked 212212007 2/28/2007 20011600 Deli GX 110 StateAltorney Junked 2/22/2007 2/28/2007 20011603 Dell GX 110 Slate Altorney Junked 2/22/2007 2/28/2007 20011988 Dell GX 110 State Attorney Junked 2/22/2007 2/2812007 20011605 OellGX 110 State Attorney Junked 2/2212007 2/28/2007 20011429 OellGX 110 State Attorney Junked 2/22/2007 2/2812007 20011614 OellGX 110 State Atlorney Junked 2/2212007 2/28/2007 20011602 Dell GX 110 State Attorney Junked 2122/2007 2/2812007 20011601 Dell GX 110 State Attorney Junked 2/22/2007 212812007 20011561 Dell GX 110 State Attorney Junked 2/2212007 2/2812007 20011469 Dell GX 110 State Attorney Junked 2/22/2007 2/2812007 20011909 Dell GX 110 State Atlorney Junked 2/22/2007 2/2812007 20011564 Deli GX 110 State Attorney Junked 2/22/2007 2/2812007 20011568 Dell GX 110 State Atlorney Junked 2/22/2007 2/28/2007 20011910 DellGX 110 State Attorney Junked 2/22/2007 2/28/2007 20011611 OetlGX 110 State Atlorney Junked 2/22/2007 2/28/2007 20011986 Dell GX 110 State Attorney Junked 212212007 2/28/2007 20011562 Dell GX 110 State Attorney Junked 2/22/2007 2/28/2007 20011984 Dell GX 110 State Attorney Junked 2/22/2007 2/2812007 20011563 Dell GX 110 State Attorney Junked 2/22/2007 2/28/2007 20011604 Dell GX 110 State Atlorney Junked 212212007 212812007 20011645 DeIlGX 110 State AUorney Junked 2/22/2007 2/2812007 20011560 OellGX 110 State Allorney Junked 2/22/2007 2/28/2007 20011470 OellGX 110 State Attorney Junked 2/22/2007 2128/2007 20011896 Dell GX 110 Stale Attorney Junked 2/22/2007 2/2812007 20011610 Dell GX 110 State Attorney Junked 2/2212007 2/28/2007 20011467 Dell GX 110 State Attorney Junked 2/2212007 2/2812007 20011599 Del] GX 110 State Attorney Junked 212212007 2/2812007 20011608 Dell GX 110 State Attorney Junked 212212007 2/2812007 20011492 OellGX 110 State Attorney Junked 2/22/2007 2/28/2007 20012000 OellGX 110 State Attorney Junked 2/22/2007 2/2812007 20011567 Dell GX 110 State Attorney Junked 2/22/2007 2/2812007 20011566 Dell GX 110 State Attorney Junked 2/22/2007 212812007 2001'897 Dell GX 110 State Attorney Junked 2/22/2007 2/28/2007 Agenda Item No. 16J6 May 22. 2007 Page 16 of 24 Collier County Board of County Commissioners Disposition Report of Fixed Assets Fiscal Year 2007: January 1, 2007 through March 31, 2007 fi f rn . Disposition of Ixed assets rom official reeD DISPOSITION DISPOSITION COUNTY I DISPOSITION APPROVAL RECORD ASSET . ITEM DESCRIPTION SUBMITTING DEPARTMENT TVPE DlSPOSITlON COMMENT DATE DATE 20011607 DeIlGX 110 State Attorney Junked 2/2212007 2/28/2007 20011565 Dell GX 110 State Attomey Junked 2/2212007 2/2812007 20011985 DellGX 110 State Attorney Junked 2/2212007 2128/2007 20011899 DellGX 110 StataAttorney Junked 2/22/2007 2/2812007 20011612 DeIlGX 110 Slate AlIorney JUflked 2/22/2007 2/2812007 20011900 DellGX 110 Slate AlIomey Junked 2122/2007 212812007 20020524 Dell GX 240 State AltomBY Junked 2122/2007 2128/2007 20011613 Dell GX 110 SlaleAttornev Junked 2/22/2007 212812007 980875 VideoTek AV Equipment Public Information Junked 10%parlialdisposition 2/1612007 2/28/2007 940313 HPPrinter Judge Baker Donated Sl'1eriffs Ranches En!.. 1211212006 2/28/2007 20030506 HPPrinter CEDES Business System Rep!. Donated Sheriffs Ranches Ent. 12/12/2006 2/28/2007 86289 PanasonicTypewriter Health Department Donated Sheriffs RanchesEnt. 12112/2006 2/28/2007 7944 Hoist Other General Administration Donated Sheriffs Ranches Ent 12/12/2006 2/2812007 7943 Hoist Olher General Administration Donated Sheriffs Ranches Enl 12/1212006 2/2812007 891274 Metal Table County Attorney Donated Sheriffs Ranches En!.. 12/1212006 212812007 881063 Workstation Code Enforcement Admin. Donated Sheriffs Ranches En!.. 12/1212006 212812007 881062 Workstation Code Enforcement Admin. Donated Sheriffs Ranches En!.. 12/1212006 212812007 881064 Workstation Code Enforcement Admin. Donated Sheriffs Ranches En!.. 12112/2006 2/28/2007 85612 Desk Purchasing Donated Sheriffs Ranches En!.. 12/1212006 212812007 MARCH 2007 ASSET DISPOSITIONS 960329 KonicaCopier Utilities Billing Junked 3/112007 3131/2007 20010453 Toshiba Fax Machine UtititiesBitting Junked 311/2007 3/31/2007 961286 HPPrinter Utitities Bilting junked 31112007 3/31/2007 20050899 DeltComputer Health Department Junked 3/212007 3/3112007 20050900 DetlComputer Health Department Junked 31212007 3/3112007 20050896 DeltComputer Health Department Junked 312/2007 3/3112007 20050960 DeltComputer Health Department Junked 31212007 3/3112007 20050920 Detl Computer Health Department Junked 31212007 3/3112007 20050909 Delt Computer Health Department Junked 3/212007 3/3112007 20050902 Del/Computer Health Department Junked 3/2/2007 3131/2007 20050894 DellCompuler Health Department Junked 312/2007 3/31/2007 20050876 Dell Computer Health Department Junked 31212007 3/3112007 20050886 DellComouter Health Department Junked 3/2/2007 3/3112007 20050887 DellComouter Health Department Junked 31212007 3131/2007 20050933 DeltComputer Health Department Junked 312/2007 3/3112007 20050923 Dell Computer Health Department Junked 3/2/2007 3/3112007 20050944 Dell Computer Health Department Donated Senior Friendship Centers 1/2312007 3131/2007 20050935 Dell Computer Health Department Donated Senior Friendship Centers 1/2312007 3/31/2007 20050942 Dell Computer Health Department Donated Senior Friendship Centers 1/2312007 3/31/2007 20050943 Dell Computer Health Departmenl Donated Senior Friendship Centers 1123/2007 3131/2007 20050950 Dell Computer Health Department Donated Senior Friendship Centers 1/23/2007 3/31/2007 20050966 Dell Computer Health Department Donated Senior Friendship Centers 1123/2007 3/3112007 940213 Color Scanner Health Department Lost or stolen Not in invenlory 3/212007 313112007 20050898 Dell Computer HeallhDepartment Lost or stolen Not in inventory 3/2/2007 3/3112007 20050891 Dell Computer Health Department Lost or slolen Not in inventory 31212007 3/3112007 20050893 Dell Computer Health Department Lost or stolen Notin inventory 3/2/2007 3/31/2007 20050906 Dell Computer Health Department Loslorstolen Not in inventory 3/2/2007 3/31/2007 20050916 Deli Computer Health Department Lost or stolen Not in inventory 31212007 3/3112007 20050917 Dell Computer Health Department LOSlorstolen Not In mvenlory 3/2/2007 3/31/2007 20050918 OtIl1Computer Health Department Lost or stolen Not in inventory 312/2007 3/3112007 20050919 Dell Computer Health Department Lost or stolen NOlin inventory 3/2/2007 3131/2007 20050921 OtII1Computer Heailh Department Lostorstoien Notin inventory 3/2/2007 3/31/2007 20050926 Dell Computer Health Department Lost or stolen Not in inventory 3/2/2007 3/31/2007 20050928 DellCompuler Health Department Lost or stolen Not in inventory 31212007 3/3112007 20050930 Dell Computer Health Department Lost or stolen Not in inventory 3/2/2007 3/3112007 20050934 Dell Computer Health Department Lostorsloien Not in inventory 31212007 3/3112007 20050945 Dell Computer Health Department Lost or stolen Not in inventory 3/212007 313112007 20050946 Dell Computer Health Department Lost or stolen Not in inventory 3/2/2007 3/3112007 20050981 Dell Computer Health DepartmerJt Lost or stolen Not in inventory 31212007 3/3112007 20050880 Dell Computer Health Department Lost or stolen NOlin inventory 3/2/2007 3131/2007 20001279 Gateway PC MIS Junked 31812007 3/3112007 20001417 Gateway PC MIS Junked 3/8/2007 3/3112007 20001429 Gatewa PC MIS Junked 3/8/2007 3/3112007 Agenda Item No. 16J6 May 22. 2007 Page 17 of 24 Collier County Board of County Commissioners Disposition Report of Fixed Assets Fiscal Year 2007: January 1,2007 through March 31, 2007 * Disposition of fixed assets from official record ..' ... . .... DISPOSITION DISPOSITION COUNTY I . DISPOSI~?N APPROVAL RECORD ASSET # rrEM DESCRIPTION SUBMITTING DEPARTMENT TYPE DISPOSITION COMMENT DATE DATE 20001434 Gateway PC MIS Junked 31812007 3/3112007 20001443 Gateway PC MIS JLJrlked 3/8/2007 3/31/2007 20001444 GalewayPC MIS Junked 3/8/2007 3/3112007 20001445 GalewayPC MIS Junked 318/2007 3/3112007 20001461 Gateway PC MIS Junked 3/8/2007 3/31/2007 20010940 Gateway PC MIS Junked 318/2007 3/31/2007 20020351 Gateway PC MIS Junked 3/812007 3/3112007 20020356 Gateway PC MIS Junked 3/8/2007 3/3112007 20010946 Gateway PC MIS Junked 3/12/2007 3/3112007 20010543 Gateway PC MIS Junked 3112/2007 3/3112007 20001439 Gateway PC MIS Junked 3112/2007 3/3112007 20001415 Gateway PC MIS Junked 3112/2007 3/3112007 982113 OECServer MIS Junked 3112/2007 3/3112007 20010663 HP PloLiant MIS Junked 3112/2007 3/3112007 20010670 CompaQ PC MIS Junked 3/12/2007 3/3112007 901236 Precision Incubator WWLabs Junked 3/12/2007 3/3112007 20010545 Gateway PC Circuit Civil Junked 3/12/2007 3/3112007 20011669 Dell Computer CourtroomOp and Mainl.. Junked 3/12/2007 313112007 20011691 Dell Computer Courtroom Op and Mainl. Junked 3i12/2007 3/3112007 20011662 Dell Computer CourtroomOp and Maint Junked 311212007 3/3112007 20000547 Dell Computer CourtroomOp and Mainl Junked 3112/2007 3/3112007 20011660 Dell Computer CourtroomOp and Maint Junked 3/12/2007 3/3112007 20011661 Dell Computer CourtroomOp and Maint Junked 3/1212007 3/3112007 20011670 Dell Comouter Courtroom Op and Malnl.. Junked 3/1212007 313112007 20011672 Dell Computer Courtroom 00 and Maint Junked 3/1212007 3/3112007 20011675 Dell Computer Courtroom 00 and Maint Junked 311212007 313112007 20011680 Dell Computer CourtroomOp and Mainl Junked 3.112/2007 313112007 20011682 OellComputer CourtroomOp and Maint Junked 3/1212007 3/3112007 20011688 Dell Computer CourlroomOp and Mairl! JunKed 311212007 3131/2007 20011695 Dell Computer Courtroom Op and Main! Junked 3/1212007 3131/2007 2011833 Dell Computer Domestic Arlimal Service Junked 3/12/2007 3/31/2007 20011596 Dell Computer Domestic Animai Service Junked 311212007 313112007 20011769 Dell Computer Domestic Ammal Service Junked 3112/2007 313112007 20011502 Dell Computer COES Business System Junked 3112/2007 3/31/2007 20011755 Dell Computer COES BUSiness Svstem Junked 3112/2007 3/31/2007 20011758 Dell Computer CDES Busmess System Junked 3112/2007 3/3112007 20011869 Dell Computer CDES Business SVstem Junked 3/12/2007 3/31/2007 990891 Gateway PC CDES Business System Junked 3/12/2007 3/31/2007 20001422 Gateway PC TraffiC JUrlked 3/12/2007 3/31/2007 20001414 Gateway PC Traffic Junked 3112/2007 3/31/2007 20001259 Gateway PC Traffic Junked 3/12/2007 3/3112007 20011726 DellCompuler Maintenance Services Junked 3112/2007 3/3112007 980151 Gateway PC Mairltenance Services Junked 311212007 313112007 960803 Gateway PC Maintenance Services Junked 3/1212007 3/3112007 20020408 Dell Computer Purchasing Junked 3112/2007 313112007 20011854 Dell Computer Purchasirlg Junked 3112/2007 313112007 20001260 Gateway PC Records Management Junked 3/1212007 3/31/2007 20012004 Dell Computer Property & Casualty Junked 3/12/2007 3/31/2007 20011403 Dell Computer Trans. Eng/Consl. Oper Junked 3112/2007 313112007 20000513 Gateway PC General Buildll1g Renov Junked 3/1212007 313112007 20012040 Dell Computer Transportation Planning Junked 3112/2007 313112007 20012042 Dell Computer Transportation Junked 3/1212007 3/3112007 20001447 Gateway PC Felony Junket:! 311212007 3/31/2007 20010948 Gateway PC Satellite Junked 3112/2007 3131/2007 990307 Gateway PC Parks & Other Property Junked 3/12/2007 3/31/2007 20011490 Dell Computer IT Administration Junked 311212007 3131/2007 963026 Compaq PC Minutes and Records Junked 3/12/2007 313112007 20010945 Gateway PC Records Management JunKed 3/12/2007 3/3112007 990362 Dell Computer Utilities Billing Junked 312012007 3/3112007 20011841 Dell Computer IT Network Junked 3/20/2007 3/31/2007 20011783 Dell Computer SHIP Junked 3/20/2007 3/31/2007 20011816 Dell Computer Natural Resources Junked 3/20/2007 3/31/2007 20011800 Dell Computer Oistribut.on Junked 3/2012007 3/3112007 Agenda Item No. 16J6 May 22, 2007 Page 18 of 24 /..,.i"~'" I, ,,/",.,;.; ..::;,!'{.,,;.., :;,,; :'i:;;'i .~;i~;~Z"Zi.;\:;' DISPOSJTlON DISPOSITION COUN1!Oij,~ DISPOSITION APPROVAL I',> RECORD ASSET"> TYPE 'DATE';''' DATE 20020671 Dell Computer Current Planning Junked 3/20/2007 3/3112007 20011206 DeIlCompuler ImmokaleeLandflll Junked 3/20/2007 3/3112007 963026 Compaq Computer Minutes end Records Junked 3/2112007 3/3112007 20011142 DellCompuler Lona RSl'loe Plan Graph Junked 312212007 3/3112007 20030455 DellCompuler Real Estate Services Junked 3/2212007 3/3112007 20022466 Dell Computer HRAdministration Junked 312212007 3/3112007 20020709 DetlComputer Domestic Animal Service Junked 312212007 3/3112007 20030682 Dell Computer StormwaterOperating Junked 3/2212007 3/31/2007 20040604 Dell Computer CountyAltorney Junked 3/22/2007 3131/2007 20040058 Dell Computer System Support Junked 312212007 3/3112007 20040060 Dell Computer System Support Junked 3/2212007 3/31/2007 20010988 Dell Computer Code Enforcement Admin. Junked 312212007 3/3112007 20011352 Dell Computer WorkersComp Junked 3/22/2007 3/3112007 20020446 Dell Computer ChentSystem Support Junked 312212007 3/31/2007 20010892 Dell Computer Purchasing Admin Junked 3122/2007 3131/2007 20042078 Del! Computer WWLabs Junked 3122/2007 3/31/2007 20020975 De!1 Computer UtililiesAdmin. Junked 3122/2007 3131/2007 20011935 Dell Computer WW Operation Admin. Junked 3/22/2007 3/31/2007 20020716 Dell Computer Bide R & P Admin. Junked 3/2212007 3/31/2007 20020578 Dell Computer Management & Budget Junked 3/2212007 313112007 20011537 Dell Computer Vineyards Community Junked 3/22/2007 3/3112007 20010839 Dell Computer Solid Waste Admin Junked 3122/2007 313112007 20011843 Dell Computer IT Network Junked 3/22/2007 3/31/2007 Agenda Item No. 16J6 May 22. 2007 Page 19 of 24 Agenda Item No. 16J6 May 22, 2007 Page 20 of 24 Agenda Item No. 16J6 May 22. 2007 Page 21 of 24 Agenda Item No. 16J6 May 22, 2007 Page 22 of 24 Agenda Item No. 16J6 May 22. 2007 Page 23 of 24 Agenda Item No. 16J6 May 22, 2007 Page 24 of 24 Agenda Item No. 16K1 May 22, 2007 Page 1 of 4 ~ EXECUTIVE SUMMARY Recommendation to approve the Offer of Judgment in the amount of $32,100 as to Parcel 163 in the lawsuit styled Collier County v. Thomas F. Salzmann, et aL, Case No. 03-2550-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $7,446.00) OBJECTIVE: That the Board of County Commissioners approve and authorize the making of an Offer of Judgment pursuant to ~ 73.032, Fla. Stat., to Respondents, Thomas F. Salzmann and Susan L. Salzmann ("Respondents"), in the amount of $32,100, as full compensation, exclusive of attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 163 in Collier County v. Thomas F. Salzmann, et a/" Case No. 03-2550-CA (Golden Gate Parkway Project No. 60027). .--- CONSIDERATIONS: On October 2,2003, Collier County deposited $26,700 into the Court Registry and acquired title to Parcel 163 in accordance with the Order of Taking entered on September 19, 2003. The County Attorney's Office would like to make an Offer of Judgment in the amount of $32,100, as full com~ensation for the property taken, exclusive of attorney's fees and costs. See attachment. The making of the Offer will require Respondents to carefully assess their claim within 30 days. If the offer is rejected and Respondents fail to recover more than $32,100 through settlement or jury verdict, the County will not be required to pay any costs, including appraisal and other expert fees, incurred by Respondents after the date of the offer's rejection. Should the Respondents accept, the County will be required to pay as follows: . Additional Compensation for Parcel . Statutory Attorney's Fees* TOTAL COST: $5,400.00 $2.046.00 $7,446.00 * 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 ($32,] 00 - $25,900). FISCAL IMPACT: Funds in the amount of $7,446.00 arc available in the FY 2007 adopted budget. Source of funds are Gas Taxes and/or Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: I. Approve and authorize service of the Offer of Judgment; 1. Approve the expenditure of funds as stated, if the offer is accepted; 2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the offer is accepted. .--- PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 03.0160/826 Item Number: ltemSummary: Meeting: Date: Page lofl Agenda Hem No. 16K1 May 22, 2007 Page 2 of 4 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS 16K1 Recommendaiion to approve the Offer of Judgment In the amount of $32,100 as to Parcel 163 In the lawsuit styled Collier County v. Thomas F. Salzmanrl et 81 Case No_ 03-2550-CA (Golden Gate Parkway Project No 60027) (Fiscal Impact 57.44600) 5/22120079:0000AM Date Prepared By Ellen T. Chlldwell County Attorney AssistllotCountyAttomey County Attomey OIfice 512120079:46:35AM LisllTaylor Date Approved By Transportation Services ManagementJBudgetAnalyst Transportation Administration 5/4120079:17 AM Approved By Noml E. Feder, AICP TransportlltlonServlces Transportation Division Administrator D~. Transportation Services Admlo. SIS/20071:44PM Date Approved By NajehAhmad TransportationServicll5 Director Transportatlon Engineering & Construction Management 518/20072:11 PM Assistant County Attorney Date Approved By Ellen T. Chadwell CounlyAttomey County Attorno:ty Office SI9!20071t:35AM Date Approved By ~evinHendricks Transportation Services Right 01 Way Acquisition Manager TECM.ROW 519/200712:50PM Date Approved By DavidC.Weigel County Attorney County Attornay County Attorney Office 5/9120074:22 PM OMBCoordinator Dale Approved By County Manager's Office Administrative Assistant Office of Management & Budget 5/10/200710:43AM SusanUlIher Senior Management/Budgel Analyst Date Appr(lved By County Manager's Office Office of Managernenl 8 Budget 5/10/20076:06 PM Approved By Michael Smykowski County Manager's Office Management 8 Budget Director Date OIfice of Management & Budget 5110120077:05 PM County Manager Date Approved By JamesV. Mudd Board of County Commissionefll County Manager's Office 5/111200710:44AM filp'/lr'\A opnd",Tp<.lt\Fivn()rt\~1~M",,,0/n")(1")") 0/.,")(1")(1(17\ 1 f. O/n ")nrn1\T""P1\T"T"l/n")(lA r;p1\TI\A \ 1 h <;/1t;nnn7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION Agenda Item~o. 16K1 May '22, 2007 P1ge 3 of 4 I COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2550-CA v. Parcel No.: 163 THOMAS F. SALZMANN, et aI., Respondents. I OFFER OF JUDGMENT TO: Thomas F. Salzmann and Susan L. Salzmann clo John Cardillo, Esq. 3550 East Tamiami Trail Naples, FL 34112-4999 I Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, , and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to tte Respondents, THOMAS F. SALZMANN and SUSAN L. SALZMANN ("Respondents"), for tll , compensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest, and any other claims of Respondents arising out of +e I taking of Parcel 163, in the total amount of Thirty-Two Thousand One Hundred and No/I00 Dollars ($32,100.00), for Parcel 163, which includes the amount of $26.700.00 which wfs : deposited pursuant to the Order of Taking dated September 19, 2003. There are no non-monetary terms or other relevant conditions to this offer except that t1'is offer does not include attorney's fees and costs. , Agenda Item o. 16K1 May 2, 2007 Pa e 4 of 4 The construction plans and specifications for the project on which the offer is based h ve been previously and continue to be available for the Respondents' review upon reasonable not ce of such a request. Dated this _ day of May, 2007, OFFICE OF THE COUNTY ATIO Y Harmon Turner Buildi g 3301 East Tamiami Tail Naples, Florida 34112 (239) 774-8400 - Teleph ne (239) 774-0225 - Facsi 'Ie BY: ELLEN T. CHADWELL, ESQ Florida Bar No. 0983 ATIORNEY FOR PETITIO CERTIFICA TION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgm nt has been furnished by U.S. Mail to all parties listed below on this _ day of May, 2007. ELLEN T. CHADWELL Thomas F. Salzmann and Susan L. Salzmann c/o John Cardillo, Esq. 3550 East Tamiami Trail Naples, FL 34112-4999 Sun Coast Roofing, Inc. c/o Thomas F. Salzmann 5720 Golden Gate Pkwy. Naples, FL 34116 SouthTrust Bank c/o CT Corporation System 1200 S. Pine Island Road Plantation, FL 33324 2 Executive Summarv Agenda Item No. 16K2 May 22, 2007 Page 1 of 8 Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as tbe Mediated Settlement Agreement in the amount of $165,000.00 for the acquisition of Parcels 112 and 712 in tbe lawsuit styled Collier County v. Raymond A. McCauley, et al., Case No. 05-0633-CA (County Road 951 Project No. 65061). (Fiscal Impact: $104,600.00) OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted ineOlporating the same terms and conditions as the Mediated Settlement Agreement in the amount of$165,000.00, inclusive ofattomey's fees, expert fees and costs, as full and final compensation to be paid for the acquisition of Parcels 112 and 712 in the lawsuit styled Collier County v. Raymond A. McCauley, et al., Case No. 05-0633-CA (County Road 951 Project No. 65061). CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on September 27, 2005 and by depositing the amount of $60,400.00 into the court registry on October 13, 2005. The County and Respondents have negotiated a settlement of $165,000.00 for full compensation. If the settlement is approved, the County is responsible for the following costs: .--- . Additional Deposit/Disbursement Amount: . Expert Fees: . Clerk's Service fee: . Attorney's Fees: TOTAL: $104,600.00 Included None Included $104,600.00 The Agreement is conditioned upon the following: . Prior to completion of construction of the CR 951 project, Collier County will harmonize the grade of the driveway to the remainder property at not greater than a ten percent grade. The property owners hereby grant to Collier County a right of entry to the remainder property for the limited purpose ofhannonizing the grade of the subject driveway; and . Collier County will construct the CR 951 project in conforn1ance with the construction plans attached to the Mediated Settlement Agreement and included in the Stipulated Final Judgment. Attached is the Mediated Settlement Agreement. FISCAL IMPACT: Funding in the amount of $104,600.00 is available in Impact Fee District 1 reserves. A budget amendment is needed to move these funds into the project. Source of funds are Impact Fee District 1 reserves. GROWTH MANAGEMENT IMPACT: None. - RECOMMENDATION: That the Board of County Commissioners: 1. approve the Mediated Settlement Agreement; Agenda Item No. 16K2 May 22, 2007 Page 2 of 8 2. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry; 3, approve the expenditure of funds as stated; 4. approve a budget amendment; and 5. direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney ,....". Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 16K2 May 22, 2007 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K2 Recommendation to Approve a Mediated Settlement Agraement and a Stipulated Final Judgment to be drafted incorporating the same terms and c:onditions as the Mediated Settlement Agreement in the amount of $165.00000 lor the acquisition oj Parcels 112 and 712 in the lawsuit styled Collier County v Raymond A McCauley. el ai, Case No 05.0633- CA (County Road 951 Project No 650€i1j (Flscallmpac! $104,6QQ,QO) 5/22120079:0000AM Assistant County Attorney Date Prepared By Heidi F. Ashlon CounlyAttomey Counly Attomey Office 51312007a:50:14AM Lisa Taylor ManagementlBudgetAnalyst Date Approved By TransportationServicel Transportation Administration 517120074:52 PM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Adminislrator Date TranaportationServicesAdmin. Stal2DD7 145 PM Director Date Approved By NajehAhmad Transportation Services Transportation Engineering & Construction Management 5/8120072:23PM Date Approved By K8vinHendricks Transportation Services Rigl1t Of Way Acquisition Manager TECM-ROW S191200712:51 PM Date Approved By DavidCWeigel County Attorney County Attorney County Attorney Office 5/9120074:24 PM OMBCoordinator AdminiatrativeAssistllnt Dille Approved By County Manager's Office Office Of Managell1ent& Budget 51101200710:44AM Approved By Susan Usher County Manager's Office Senior ManagementlBudget Analyst Date Office of Management & Budget 5110120076:31 PM Management & Budget Director Date Approved By Michaelsmykowski County Manager's Office Ofllce of Management & Budget 5110120071;10 PM Date Approved By Lea E,Qchs, Jr. BoardafCounty CommiSSioners Deputy County Manager County Manager's Office 5111120073:36 PM fil....ffr.\ ^ "......ri"T..."t\1=<v...,."rtI2"':l. 1\,f""O/. "U)'J") 0/_")(\")(\(\"\ 1 {;. O/_")(\rnl\T~r.1'I.JT'O':,,)f\ ^ r:.L'l\Trl ^ I 1 {;. ..11 {;. I,,)f\f\,,!, Agenda Item No. 16K2. _ . May22.; 2DQLc._ Page 4 of 8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL C IN AND FOR COLLIER COUNTy, FLORIDA CIRCUIT CNIL DMSION Ll COpy COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 05-0633-CA v. Parcel No.: 112 & 712 RAYMOND A. McCAULEY, et al. Respondents. I MEDIATED SETTLEMENT AGREEMENT At the Mediation Conference held on May 1, 2007, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondents, Michael Siefman and Barbara Psolka, the sum of $ 165,000.00 in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, attorney's and experts' fees and costs. Said sum will be subject to claims for apportionment, if any. 2. Petitioner is entitled to a credit in the amount of $60,400.00 which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondents will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 4. Petitioner will pay Respondents the balance due of $ 104,600.00 within thirty days of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated Final Judgment from the Court. '. Agenda Item No. 16K2.;.~c; May 22, 20Ql:::~:::":-='c' Page 5 of 8 5. This Settlement Agreement is subject to review and approval by the Board of County Commissioners of Collier County. 6. Attached hereto is an addendum to this Agreement. _X_ Yes No d May 1, 2007. contains all of the agreements of the parties. Attorney for ~/ ;tf Mediator ~ 0.... :;J::".w'Prolka AttorneY~s~ Agenda Item No. 16K2 _ u May 22, 2007 Page 6 of 8 ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: 1. Prior to completion of construction of the CR 95 I proiect. Collier Countv will harmonize the grade of the drivewav to the remainder property at not greater than a ten percent grade. The property owners hereby grant to Collier County a right of entry to the remainder property for the limited puroose of harmonizing the grade of the subiect drivewav . 2. Collier County will construct the CR 951 proiect in conformance with the construction plans attached hereto and identified as Exhibit A. '"" Q, ~-ck f /'-- a~ Mediator Respondent, Michael Siefman /- ?Z:1 /~ L\V _/ R:Zn;~{ka Attorney for Respondents Nt-OJ ;':0_ COOO ~t- OJ OJ . to E ~ll.. 2~ to "0 C OJ OJ <{ --~--~ ...----". n""14~' 0.... 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I..L:J:JS 1-- --( , , 'iNn N:i1rfsv -lid"] _0 'NT7- 'iii1dsv 7ii1- 0 , , I~ ' . - - W n~, - - "t '"' j i . , , , , ~ri- i~ l.'';l ~ ., >~ . , ~ ~ (;: , '~ ' ~. r , ~-I . , , 1,7 , ,. , ~ 5; ~ 1 I I l-@- ~ I I ~ -' , ' ~ "'" i'. ~ ,::!~ ,! ~ c--Q1L I]J:1l\!i' L___ I , --- _n --- --- --- - -'<-'In- --- --- --- --- --- --- :E""" I' I I , i~t~'E~ , I ~ ,,' N!f~:!~ .. I," .~ I 1" , 0 :1:'" j" I , .C )-~ . ,,' I I 0 -B-U! ,~ , , I I 0 W> . --s;xr- - I ~- SIll t- " I I I' lL I I' '\ I 11 , I , , I '" .. , I: '. , , , I ,. I ,Iii: -1--- , I : i ,. rl -- ~~- " I , , ,,- I I I I j--- I\! , , ~1! ~ t-- '1: - l~ 't--- Tiii7 - -J:. .", -;:;;;- --- 'n - - .~;;. ",JD<I<i 1 " '. " i , , - ,; , ~ I' I , , . ( I I' , I , 'i! ~ : " ',' , " : , , " . I I I I I , 1:- , i! 'I: Agenda Item No. 16K3 May 22, 2007 Page 1 of 7 - Executive SUmmary Recommendation to Approve an Amended Stipulated Final Judgment as to Parcel 101 in the Lawsuit Styled Collier County v. Roberto Bollt, Successor Trustee, Under Land Trust Agreement dated 1/27/86, et at., Case No. 00-2433-CA (Randall BoulevardlImmokalee Road Intersection) Project #60171. (Fiscal Impact: None) OBJECTIVE: That the Board approve an Amended Stipulated Final Judgment as to Parcel 101 in the Lawsuit Styled Collier County v. Roberto Bollt, Successor Trustee. Under Land Trost Agreement dated 1/27/86, et al.. Case No. 00-2433-CA (Randall BoulevardlImmokalee Road Intersection) Project #60171. CONSIDERATIONS: The County acquired the subject property by deposit in the court registry after entry of an Order of Taking on September 13, 2000. The parties reached a settlement and this case was closed on April 23, 2003. As part of the settlement, the County and Respondent agreed to access points to the parent tract as follows: - Along Immokalee Road: One (I) driveway connection approximately 660 feet northeast of the center of the intersection ofImmokalee Road and Randall Boulevard. Along Randall Boulevard: One (I) driveway connection no closer than 500 feet to the intersecting center lines of Immokalee Road and Randall Boulevard. Respondent has requested modification of the access points and Transportation planning staff has agreed to this modification. The proposed access points are as follows: Along Immokalee Road: One (I) Right-In located io 408 feet from the intersection of Immokalee Road and Randall Boulevard. One (I) Right-In / Right-Out / Left-In located io 631 feet from the intersection of Immokalee Road and Randall Boulevard. One (I) Right-Out located io 942 feet from the intersection of Immokalee Road and Randall Boulevard. Along Randall Boulevard: One (I) Full Access locatcd io 978 feet from the intcrsection ofImmokalee Road and Randall Boulevard until Randall Boulevard is widened. - One (I) Right-In located io 578 feet from the intersection of Immokalee Road and Randall Boulevard. This driveway may be closed when Randall Boulevard is expanded or modified at any time in the future. Agenda Item No. 16K3 May 22, 2007 Page 2 of 7 Collier County reserves the right to modify or close any median opening contained in this Amended Stipulated Final Judgment which is found adverse to the health, safety or welfare of the public. Any such modification or closure shall be based on safety, operational circulation or roadway capacity. Transportation staff will include all necessary developer commitments including compensating road right-of-way during site plan approval of the parent tract. Attached is the proposed Amended Stipulated Final Judgment. FISCAL IMPACT: None. Respondent, Roberto Bollt, Successor Trustee, Under Land Trust Agreement dated 1/27/86, has agreed to pay the sum of$50.00 to the Clerk of Courts to reopen this case. GROWTH MANAGEMENT IMPACT: None. RECOMMENDA nON: That the Board of County Commissioners: I. approve the Amended Stipulated Final Judgment as to Parcell 01. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Agenda Item No. 16K3 May 22, 2007 Page 3 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, Petitioner, Case No.: 00-2433-CA v. Parcel No.: 101 ROBERTO BOLLT, Successor Trustee Under Land Trust Agreement Dated 1/27/86, et al., Respondents. / AMENDED STIPULA TED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion For Relief From Stipulated Final Judgment, made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, ROBERTO BOLLT, Successor Trustee Under Land Trust Agreement Dated 1/27/86 (hereafter "Respondent"), and the Court being fully advised in the premises, it is therefore, ORDERED, NUNC PRO TUNC as of November 25, 2002, AND ADJUDGED that this Amended Stipulated Final Judgment replaces and supersedes the Stipulated Final Judgment entered by this Court on November 25, 2002, which is recorded in OR Book 3164, Page 3318, of the Official Records of Collier County, Florida, as to only the provisions that are set forth in this Amended Stipulated Final Judgment; it is further ORDERED that Respondent shall be permitted access points as described below: Along Immokalee Road: One (1) Right-In located :t 408 feet from the intersection of Immokalee Road and Randall Boulevard. Agenda Item No. 16K3 May 22, 2007 Page 4 of 7 One (1) Right-In / Right Out / Left-In located:!: 631 feet from the intersection of Immokalee Road and Randall Boulevard. One (1) Right-Out located:!: 942 feet from the intersection of Immokalee Road and Randall Boulevard. Along Randall Boulevard: One (1) Full Access located:!: 978 feet from the intersection of Immokalee Road and Randall Boulevard until Randall Boulevard is widened. One (1) Right-In located:!: 578 feet from the intersection of Immokalee Road and Randall Boulevard. This driveway may be closed when Randall Boulevard is expanded or modified at any time in the future. The above-described driveways are further shown on Exhibit A, Detail Sheet 1 C, which is attached hereto and incorporated into this Amended Stipulated Final Judgment. COLLIER COUNTY reserves the right to modify or close any median opening contained in this Amended Stipulated Final Judgment which is found adverse to the health, safety or welfare of the public. Any such modification or closure shall be based on safety, operational circulation, or roadway capacity; it is further ORDERED that Respondent may apply for a road right of way permit to construct a directional median opening and turn bay (southbound left lane) :!: 631 feet northeast of the center of the intersection of Randall Boulevard and Immokalee Road; it is further ORDERED that to the extent that Petitioner, COLLIER COUNTY, FLORIDA, incurs costs associated with the construction of the site specific access points, Respondent shall pay such reasonable costs within sixty (60) days of receiving an invoice from Petitioner, COLLIER COUNTY, FLORIDA, that sets forth the costs; it is further ORDERED that this Amended Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further ORDERED that this Court reserves jurisdiction to enforce the terms of this Amended Stipulated Final Judgment. 2 Agenda Item No. 16K3 May 22, 2007 Page 5 of 7 DONE AND ORDERED, NUNC PRO TUNC as of November 25, 2002, in Chambers at Naples, Collier County, Florida this _ day of ,2007. Conformed copies to: Heidi F. Ashton, Esquire Burt Saunders, Esquire Jackson H. Bowman, Esquire Florida International Fidelity Investment Corp. Orangetree Community Association, Inc. Citrus Greens at Orangetree, Inc. Orangetree Homeowners Association, Inc. Springhill of Collier County, Inc. Hollywood Enterprises, Inc. E. Glenn Tucker, Esquire Bookkeeping CIRCUIT COURT JUDGE JOINT MOTION FOR RELIEF FROM STIPULATED FINAL JUDGMENT COMES NOW, Petitioner, COlLIER COUNTY, FLORIDA and Respondent, ROBERTO BOLLT, Successor Trustee Under Land Trust Agreement Dated 1/27/86, by and through their undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.540(b)(5) (2006), hereby respectfully request this Court to enter the foregoing Amended Stipulated Final Judgment for Parcel 101. Dated: Dated: BURT SAUNDERS, ESQUIRE Florida Bar No.: 274313 GRAY ROBINSON LAW FIRM 5150 Tamiami Trail N., Suite 600 Naples, Florida 34103 (239) 261-3600 - Telephone ATTORNEY FOR RESPONDENT HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 966770 OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER 3 Mf'-f'- "'0_ (DaD ~N(D ON-W ZN OJ E ~n: d":;:; (\j >' (i) :] 1->- ::l...J OZ ~O J: ~ 0:: qf RI- xCi) ...." " ,,'fo- e, ZO 1-0:: u.::: LUO:: ...J -,-,'? <,r::>'OX '\~- c, Z~ ~ J:Z ~O 0:: ... ~ ~ :.; ~ " g .. ~ ~ ~ 0 " , $ () . ~ I u I ~ a .. ~ ~ Iol %: ~ .. ~~~~~ '1 ct; o ~. ;0 LU...J LU<( 0::- I-UJ: LUO::I- ~LU::l z:20 ~:2(1) 08 US - ~~ CI) CI) .. ~ CI) ff3 c; ~ LUo::~"'~ ffi ~~ =:.. LU Z C 1lIct: ~= - Q) III "'- "0 zOO ._ 2:"m 3: ..~;;; _~ ~;;:!:l . IU ~~ ~ ~ ~GI ~ OJ 0 ~~ w = f4 ur;~ () ~ ~~~~ Uc...;l-z co lllI:"'~:: <( 0:: Q~~~ ....J C'\IQ. 0 ....J:E ::l C u.2- b v o ~ ~ ~ ~ ill >- ~~~ zWW "OO" oW", ~lto ;!~!) OOz"' ..;:-w i!!lo e- or" Z(l)~ w 10:1; wffi~ W...If""JO\ C::5!3~ ~""'1=Q1;::: ",~wOl1\ ~...... L!)...Jf"l "'zzu........ <( ::;vi:1: C::O~N Oo~ 8" M Item Number: Item Summary: Meeting Date: Page] of] Agenda Ilem No. 16K3 May 22, 2007 Page 7 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Recommendation to Approve an Amended Stipulated Final Judgment as to Parcel 101 in tile Lawsuit Styled Collier County I{ Roberto BolIl, Successor Trustee. Under Land Trust Agreement dated 1/27/86. et ai, Case No_ 00-2433-CA (Randall Boulevardllmmokalee Road Intersection) Project#60171 (Flscallrnpacl: None) 5/22/200790000AM Assistant County Attorney Date Prepared By Heidi F.Ashton County Attomey County Attorney Office 5/81200710:04:44AM Transponalion Division Administrator Date Approved By Norm E. Feder, AICP TransponatlonServic8s TransportationServicasAdmin. S!8120071:57PM Director Date Approved By NajehAhmad TransponationServices Transportation Engineering & Construction Management 518/20072:22PM Lisa Taylor ManagemontlBudgetAnalyst Date Approved By TransportationSllrvices Transportation Administration 519120079:41 AM Approved By Kel{inHendricks TransportationSllrvices Right Of Way Acquisition Manager Date TECM-ROW 5191200712:S2PM MPO Director Date Approved By NlckCasalanguida TransponationServie-es TrallsportationPlllnning 5/9120072:55 PM DllvidC.Weigel DatI!> Apprond By County Attorney CountyAltomey County Attorney Office 519120014:27 PM Approved By OMBCoordinator County Manager's Office AdmlnistrativeAssistant Date Office of Management It Budget 51101200710:44AM Michael Smykowski D~. Approved By County Manager's Offie-a Management &. Budget Director Office of Management & Budget 5/10/200710:55AM Approved By James V.Mudd BOllrdofCounty Commissionllrs County MlInager Date County Manager's Office 5/10/20074:50 PM fiI~'/I("\Aof'nn~Tf'<1t\Pvn....rt\R1.M~\!%?()?? OJ,.?rl'Jrlrl7\ 1 f.. OJ,, ?()rn"'I~]:::l\rrojn'JrlAr.j:;l\'n!J. \ 'f. ':;11f.n()()'7 Agenda Item No. 17A May 22, 2007 Page 1 of6 - EXECUTIVE SUMMARY Recommendation to approve Petition AVPLAT-2007-AR-11489, disclaiming, renouncing, and vacating the County's and the. Public's interest in a portion of a combined Lake Maintenance Easement. Drainage Easement, and Irrigation Easement lying over Tract "B", Prestwick Place, a subdivision as recorded in Plat Book 46, Pages 9 through 14 of the Public Records of Collier County, Florida, situated in Section 28, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described in Exhibit "A". OBJECTIVE: To adopt a resolution to vacate a portion of a combined Lake Maintenance Easement, Drainage Easement, and Irrigation Easement lying over Tract "B", Prestwick Place, a subdivision as recorded in Plat Book 46, Pages 9 through 14 of the Public Records of Collier County, Florida, situated in Section 28, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described in Exhibit "A". CON SID ERA TIONS: .- Petition AVPLAT-2007-AR-11489, has been received by the Engineering Services Department from John Scott Rhodes of Rhodes & Rhodes Land Surveyors, Inc., as agent for the petitioner, Stock Development, LLC. The applicant has also submitted for a "Lot Line Adjustment" without objection. To clear title issues, and in conjunction with the "Lot Line Adjustment", the underlying easements over the specific area of adjustment must be removed. The area being considered is a triangular piece of land, along the arc of a circle being 3.1 feet wide on the westerly side extending to 0.0 feet at the easterly terminus. The length of the arc is 23.0 feet. Based upon information submitted by the surveyor, 20.3 feet of unrestricted area will be maintained between the pool deck and the lake control line if the vacation is granted. This meets the South Florida Water Management District's permit requirement for 20 feet minimum. The proposed encroachment was created by a communication failure between the builder and the professional preparing the site plan for permit submission. The house was set back from the curb line to create room for parking in the driveway, but incorrect building and pool envelope size information was used. The house construction is nearly complete, and the proposed vacation is to address the proposed pool construction. r-- Staffs review brought out the consideration for a proposed encroachment and requesting the vacation approval before the fact, or proceeding with construction and trying to work out an acceptable solution after the fact. There was concern that the documentation submitted for review showed the house as proposed, although later it was revealed that the house is nearly complete. The location of the easement was platted from the original lake proposed location, but the lake was constructed to a slightly different configuration in this area. After much discussion, the decision was made for staff to recommend approval of this easement vacation since the minimum lake maintenance area was provided. The alternative of constructing a smaller pool, in accordance with the information shown on the site plan, was discussed, but this would probably affect the commitments made in the pre-construction sale of the house. Agenda Item No. 17A May 22, 2007 Page 2 of 6 The application meets all other requirements of engineering review, 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. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. lEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. RECOMMENDATIONS: Adopt the Resolution for Petition A VPLA T -2007 -AR-11489, to vacate a portion of a combined Lake Maintenance Easement, Drainage Easement, and Irrigation Easement over Tract "S", Prestwick Place, a subdivision as recorded in Plat Sook 46, Pages 9 through 14 of the Public Records of Collier County, Florida, situated in Section 28, Township 50 South, Range 26 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 Soard 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 ,,~~. Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda !tem No, 17 A May 22, 2007 Page3of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A This item requires that all participants be sworn in and ex parte di sclosura baprovided by Commission members Recommendation to approve Petition AVPLAT-2007-AR-114B9, disclaiming, renouncing, and vacating the Countys and the Publics Interest in a portion ola combined Lake Maintenance Easement. Drainage Easement, and Irrigation Easement lYing over Trsct B. Prestwick Place, a SUbdivision as recorded in Plat Book 46, Pages 91hrough 14 of the Publoe Records 01 Collier Counly. Florida. situated In Section 28, Township 50 South, Range 26 East Collier County, Florida, and being more particularly descnbed In Exhibit A 5!221200790000AM Surveyor Date Prepared By Stephen Higgins Community Development & Environmental Services CDESEngineering Services 4JJOI20078:4J:J9AM Approved By D... Thomas E. Kuck, P.E. Community Development & Environmental Services COES Engineering Servi<:es Director CDESEngineering Services 4/JO/2007J:42PM NickCaslllanguidll MPOOirector Date Approved By Transportation Services TranllportationPlanning 5/1/200711:2JAM MllrleneSlewart Date Approved By Community Development & EnvironmentatServices Executive Secretary Community Development & EnvironrT"'1ntIlIServicesAdmin. 5/2/200711:51 AM Date Approved By JudyPuig Communlty Devr.lopment & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 5/21200711:51 AM Approved By JOJ;eph K. Schmitt Community Development & EnvironmentlllServices Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 5!2/20078:29PM Administrative Assistant Date Approved By OMBCoordinator County Manager'sO/fice Office of Management & Budget 5/4/2007 11:52 AM Mark Isackson Budget Anaiyst Date Approved By County Manager's Office Office of Management & Budget 519/2007814AM JamesV.Mudd County Manager Dale Approved By Board of County Commissioners County Manager'!.i Office 5J12/20079:15AM f;l,../Ir.\ ^ "'''''''rl,,'TP.~t\Y:;~..^...,\Q1. 1\A""O/_"lf\"l"l 0 ."l{)"l{\IV11 ,"1 O":"l{\(;:'TTh,f"A ^ PVO/_"l(i^ r::J:'""lf'\AI1 <::/1t:.1"l{\{\"1 <("'-to ~ ~ " ",-0_ ..,~ ~ '5;!" >- Zu :;; ~oo " ~o ::ltio:: WW.:{n:~ON ~ .N..,. ~:; 0. Z "'''' w;!"w 1-8~::::l BF=Ef<(IlaN~'1- o . ~:; " ZNQJ ~I~ ~j FU OOlDW::::lrof-'~O NO) 00. uCl.1.J... 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'" ",,,,0.. =::;: '" <:J C '" 01 <( "'NDd_ i i , i , I ~ i " I 0; I i I Agenda Item No. 17A May 22. 2007 Page 6 of 6 RESOLUTION NO. 07-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT-2007-AR-11489, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE COMBINED LAKE MAINTENANCE EASEMENT, DRAINAGE EASEMENT, AND IRRIGATION EASEMENT LYING OVER TRACT "B", PRESTWICK PLACE, A SUBDIVISION AS RECORDED IN PLAT BOOK 46, PAGES 9 THROUGH 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 28, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING PARTICULARLY DESCRIBED IN EXHIBIT 'A'. WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, Stock Development, LLC, has requested vacation of a portion of the combined lake maintenance easement, drainage easement, and irrigation easement lying over Tract "B", Prestwick Place, a subdivision as recorded in Plat Book 46, Pages g through 14 of the Public Records of Collier County, Florida, situated in Section 28, Township 50 South, Range 26 East, Collier County, Florida, as specifically described in Exhibit 'A'; 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 that portion of the combined lake maintenance easement, drainage easement, and irrigation easement, as specifically described in Exhibit 'A' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida; and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2007. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN /"" -- ,-- Agenda Item No. 17B May 22, 2007 Page 1 of 89 EXECUTIVE SUMMARY CU-2006-AR-9458, Silver Strand HI Partnership, represented by George L. Varnadoe, Esquire, ofCheffy, Passidomo, Wilson & Johnson, LLP and Fred Reischl, AICP, of Agnoti, Barber & Brundage, Inc., requesting a Conditional Use for Rinker Concrete Plant at Silver Strand in the Rural Agricultural with a Mobile Home Overlay (A-MHO) Zoning District. The subject property, consisting of 14.74:1: acres, is located approximately 1,300 feet south of Stockade Road on the east side ofImmokalee Road (CR 846), in Section 15, Township 47 South, Range 29 East, Immokalee, Collier County, Florida OBJECTIVE: To have the Board of County Commissioners (BCe) consider an application for a Conditional Use to permit a concrete manufacturing facility on the above referenced property and to make certain that the project is in harmony with all applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERA nONS: The petitioner seeks a Conditional Use for a concrete plant on a 14.74:t acre parcel within a 469:t acre parent parcel. The subject property is currently zoned Rural Agricultural with a Mobile Home Overlay (A-MHO), and is currently an active orange grove. As depicted on the "Conceptual Master Plan," the site is flag shaped, with a 150- foot wide appendage extending approximately 600 feet to the principal area (600 feet by 870 feet or I 1.98 acres) identified as the "Concrete Manufacturing Facility." The primary access to the subject property would be via this appendage that COIUlects to Immokalee Road (SR 846). A secondary access road is also proposed to interconnect to the property from the south. The subject property adjoins the 400- acre parcel that has been submitted for a Growth Management Plan Amendment (GMPA) and PUD Rezoning (AR-10262 Business Park at Silver Strand). The subject property and the parcel for the proposed GMPA are owned by the sanle party. The proposed Business Park at Silver Strand would fill in the gap area between the "Concrete Manufacturing Facility" and Immokalee Road (SR 846). The plan proposes a 150-foot setback from lmmokalee Road for Operational Facilities, a 100-foot setback from any exterior boundary for raw materials storage, plant location and general operations, and a 75-foot setback from Immokalee Road (SR 846) for supporting administrative offices and associated parking. A 15- foot wide buffer is proposed around the perimeter of the project area, with an eight-fi)ot height wall around west, south and north perimeters of the "Concrete Manufacturing Facility." FISCAL IMPACT: The Conditional Use for Rinker Concrete Plant at Silver Strand request, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development; however, if a Conditional Use for Rinker Concrete Plant at Silver Strand is approved, a portion of the land could be developed. Page 1 of 5 Agenda Item No. 176 May 22, 2007 Page 2 of 89 The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities, These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent ofthe estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building pennit review fees and utility fees associated with connecting to the County's water and sewer system, Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN IMPACT: Future Land Use Element (FLUE): Comprehensive Planning Department staff has reviewed this request and offered the following comments: The petitioner's property, as identified on the Future Land Use Map of the 1mmokalee Area Master Plan, is within the Urhan Designation (Urban Residential District/Low Residential District). The Low Residential District allows residential and non-residential uses that are compatible and/or support the residential character of'the area. In addition to the uses expressly allowed in this District, Comprehensive Planning Department staff has historicalzy intelpreted that uses aI/owed in the Agricultural Zoning District, such as the subject request, are also consistent with the Low Residential District. The Immokalee Area Master Plan (lAMP) describes Low Residential (LR) as: . The purpose of this designation is to provide for a low density residential district. . Residential dwellings shall be limited to single- family structures and duplexes. . Multi-family dwellings shall be permitted provided they arc within a Planned Unit Development. Mobile home development shall be permitted in the form of mobile home subdivisions or parks and as a mobile home overlay as defined by the Land Development Code. . A density less than or equal to four-dwelling units per gross acre is permitted. Staff concludes that the proposed conditional use may be deemed consistent with the Immokalee Area Master Plan. ...".", Transportation Element: The Traffic Impact Statement indicates that the concrete facility will generate approximately 68 PM Pcak Hour trips per day, Construction activity within the Town of Ave Maria is expected to absorb sixty percent to seventy-five percent of the plant's truck traffic and capacity. The Transportation Division Planning staff indicated that the project is consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. Due to the nature of the project traffic, turn lanes shall be provided in both directions. The project shall Page 2 of 5 Agenda Item No. 17B May 22, 2007 Page 3 of 89 provide an annual monitoring report of traffic and road conditions immediately adjacent to the project. The project shall donate any necessary right-of-way for the construction of turn lanes and the future expansion of the adjacent roadway at the time of the next Development Order, AFFORDABLE HOUSING IMPACT: This request should increase employment opportunities for low and moderate income persons within the Immokalee area, as recommended by the Heartland Area as designated by the State of Florida for this area of Immokalee (See Staff Report), However, this request contains no provisions to address the Affordable Workforce housing demands that it may create, ENVIRONMENTAL ISSUES: Environmental Services Department Review staff has reviewed and approved this Conditional Use request with one stipulation: 1. At the time of Site Development Plan (SOP) submittal, the applicant shall provide a soil analysis for organochlorine pesticides (EP A 8(81) and RCRA 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling SOP FS 3000, If no storage shed or mixing areas were identified in an audit, sampling should occur randomly from the agricultural area, Include a background soil analysis especially when evaluating arsenic since it is a naturally occurring soil constituent. Soil sampling should occur just below the root zone; about 6 to 12 inches below ground surface and follow FDEP procedures, ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition due to the fact that the subject property had been previously disturbed, LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a conditional use to permit a concrete manufacturing facility within a rural agriculture with a mobile home overlay (A-MHO) zoning district. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions, Decisions regarding conditional uses are quasi judicial, and all testimony given must be under oath. The attached repOli and recommendations of the Planning Commission are advisory only and are not binding on you, Pctitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfY yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, which are listed above, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may Page 3 of 5 Agenda Item No. 176 May 22, 2007 Page 4 of 89 require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or dcnial of the Petition is by Resolution, with approval of the conditional use requiring four affinnative votes of the Board. -JAK COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition CU-2006-AR-9458 on AprilS, 2007 and by a vote of 8 to 0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: ]. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The Site Plan is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, state and County laws and rcgulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or hcight of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2, Expansion of the uses identified and approved within this Conditional Use, 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] 0.02.03 of the Collier County Land Development Code, Ordinance 04-4], as amended, relating to Site Development Plan (SDP) review and approval. 3. Principal access to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and gencral operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the Conceptual Site Plan. 5. The height of raw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7. The minimum setback from InU110kalee Road (CR 846) shall be ISO-feet for operational facilities and 75-feet for supporting administrative oflices and associated parking. 8. An eight-foot height wall shall be located along the northern, southern, and western boundaries of the "Concrete Manufacturing Facility," and landscaping planted on the outside of these walls. Page 4 of 5 Agenda Item No. 17B May 22, 2007 Page 5 of 89 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County, 10. The project shall provide an annual monitoring report of traffic and road conditions immediately adjacent to the project. The project should donate any necessary right-of- way for the construction of turn, acceleration lanes, and the future expansion of the adjaeent roadway at the time of the next Development Order. The applieant shall be responsible for the costs of constructing the entrance, turning lanes, and a minimum l,4lO-foot south bound acceleration lane or other roadway improvements that is determined by the County Transportation Planning Serviees Department. The applicant shall not be responsible for further pavement widening requirements after Immokalee Road (CR-846) is improved to a four lane minor arterial road by Collier County. The CCPC also voted to eliminate the recommended stipulation by the Environmental Serviees Department Review staff because they felt there was no need for these tests due to the previous agrieultural activities and the close location of the subjeet property to the closed County Landfill. Because the CCPC approval recommendation was unanimous and no letters of opposition have been received, this petition has been placed on the Summary Agenda. STAFF RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve this Conditional Use Petition as described by the Resolution of Approval and Exhibits thereto. PREPARED BY: Michael J. DeRuntz, CFM, Principal Planner Department of Zoning and Land Development Review Page 5 of 5 Item Number: Item Summary; Meeting Date: Page 1 of 1 A;Jenda Item No 178 MaY' 22, 2007 Page 6 of 89 COLLIER COUNTY BOARD OF COUNTY COMMISSIO~!ERS '78 'I:is 't01TI ha" tI2(.m ~eG"esler.: h'l1l18 F'et,:loner to DC c:;I",I;I1,wJ to the JJlle 12 200, BCC M"f)lng TI~i5 ile!T1 rf:;Ulres t'l8.T all parLclc2nl~; hf: swon': I'''' i'md e~ pane :Jis~los\.lre l)e IYU'o,'jp,; t)'i Comrn:',<i:<)I" ,~"f; '~r)Cr" 0'811:lc'I' Cl ;'ly)i)..,\R 94::-,&, S"ve' Strand Ii! Pa!1nersh:p, "'prc'ser';!f)(:tJyC;eor':F'!... \i,TI1J,jne ["ql,rre, n'Ct',c./i"J FasslconlO, '.N;lson1'. Jchnsor1, L:"P ~I1Q F rea '<2's;;chi, "-ICP. of "'J[:u:; B"r!...,e ;;, f!n2'lJaqe, inc rf)(iJ9Sirng a condll,cnalus(' lor Rinker ::'>,l'"j'Astf P:3n: <:l: S'I'J8: Str.'md ';1'0 '<w3i i~(lr:s,;i:lIral with i].1 Mobile Home C'verlay (/'.-I,.'rV:'; -,wing U,s:rl:;! Ti\[, se,bjE'c: :",,-,pee!y, corl81"llng of 14 i"1, acres. IS located :'pr~'jX' -;:Jt')iyl .2C:C teet s'l),..:r1 cf Sto~kJu(-) F'CiVi 0:' !I'<c eas: S'2'2 ct !'nmokaID8 Road ,:CR 1',4[i), r:c :";,'Gi;,:m 1 t T:).-,''1" 'ie 47 SCL.;tr', Ra'19f> :!S CdS:' ,'IT1nl0k+A€' C~lll'er Cnur;ty FI[)r;~a '.'22'2'~J: ,IC JC /dJl DJte Prepareu By MichaelJ DeRuntz Community Developmel1t & El1v;rQnmentaiScrvices Pnl1c;paiPlanner ZOrlino 8. l.andDevelcpmpnt Review 4/17'120075:09,20 PM DJte Appro\'cu By Marlene Stewart Community DCiveiopment & Environmental Services Executlve$ecretMY Community Dcvelcpn,[>nt & Environmel1tal Services Admin 5/2!2007 12:02 PM D~te Apllro,'cu By Judy Puig OperJllon:; An,ll:;st Community Development & Community Deveiopmc'nt & Env;ronmcntaISer'lices E:llV;rol1ll1ent<l1 Service"Adm;n 5:).'200712:24 PM Approved lJy D~t(! Jeff Klatzkow County Altorney Ass;slanlCounty Attorney Cow;tyAltrJmeyOffico ';!t:,'20Q, J3iPM Dale ApprOl'CuBy RJ)' Eletlow5 Community De'ltilapnwfl':& Env;ronm"ntaIServ,res Clliet F'i.:",ner 70"'''(;& l..u,cDev('iof,lr.1f>ntP.eview S:::.'2IJCl7552f'M ~~,jte Approved By Susan Murrily, AICP Community Development 8; Env;ronmentaISer""ccs Zoning & L,,,,d Ocvei<'p'l1ent O<rEClor 20mn<;& Land De'/ciopmeni R,cvlew SfJ':200711:44AM Date Approved Ry Norm E, reder, Aiel' TransportatiOflServiceS Trall<_porbtion Divislol1 {<dmin'strator TrJnsportatlon Services Admin 516...:0071:35 PM ArprovedUy Joseph K, Scilmitt Communi!y D"veiopmcnt & En'l;ra"mentaIStirvicp.s (:mn:nunity Develo~men! & En',-'iromncntal Serv'ces Adminstrator Date Communit\, Developm"nl& En",ronmental Se'vlcc~ ';Omin 5/10!2007111;55AM D~te Appro\'cu By OMBCoordln::ltor Count:.' Mam'gcr's Office Admil1istr;;ii'oe A"sif,l~"t Office-o! M.'l1agemcnl !;,Budgel 5118i2007~:.2 PM Date Approved By Mark ISJci<son County ManJ(lcr's Office FJudgetAf1a!yst Office of ~hn.1g8mellt B...BlJdgel ~!11i2[)07 9.02 AM Date Approved By JamesV. f\I\"dd Board of County Commissiollers County ~'Jn~ger County ManJQ<'('s Office 5!11f200711:10AM file:!IC:\AQcndaTest\Fxf)nr1\N::;_ld;i\,O_;,2(P7 '}~7()7J)()7\ 17 % l()"l T\..1Ivl/'l. R Y%"'lnt-\( iFNnA \ 1 '::;,1 (li7nil7 Agenda Item No. 17B May 22, 2007 Page 7 of 89 EDWARD K. CHEFI'Y BC:WI) CIRTfIB) CIYL TRrAL ATl'DRJrEY IQUU)ClI!RTR!D"MJSH!8SUT1GATDiATTONt!Y JOHN M. P_DOMO I!KWU) CI!RTFEORE.... ESTATl: ATTORNEY GEORGE A. WILSON BOARD Cl!ATPEDMJ.8. TltUSTS.ESTAlUAnOAHEY F. EDWAIIO.KlHNllON acwtDCl!R11NDWIJA TAUSTS.E8TATESA11OANEY JOHN D. KEHOE 8QMI)e&mfIIB)CMl TNALA.TTCIANEY LOUI8D. D'AGD8TINO 8QMD~ N"PEI.1.ATEPMC11CEATTOfN!Y JEFFM. NOVAn MIIID A. ZULIAN KEVIN A. DENTI CHEFFY PASSIDOMO WILSON Be JOHNSON ATnmaMI Kr lAw. lll' 821 FIFTH AVENUE SOUTH. SUITE l!O1 NAPLEll. FLDRlDA 34102 TaEPHONE: (238) 281<<100 FAlC: (:l3III2814782 EMAIL: CPWMnapIeoIow.oom April 19, 2007 JEFFREY 8. HOFFMAN /JCMRD~WIJ.B, TRUln'8'IS'Pl_~ LOUIS W. CI1EFFY e<::Ilf<<) canw:EO Rl!Al..I!:II"ATI A1'TOfIEY USA H.'ARNETT BOAAD CIRTlP1eO A&Al1I!8TATE~ CAAY C.1lIlOOKI!R ANDRI!W H. RI!I88 WlWAM J. bl!rlfZK~ BOAIm CERlIf'ED RBALIiII1'A'MATTOFlNEY . STANLEY A. ~ JR. t.riNo.';;'PI ERJ. THORNTON MICHAELS. _ JA80H O. LOWE OP'COUNSB.: BEOAOE L. VAIlNADOE Via Email and Regular Mail James V. Mudd Collier County Manager 330 I East Tamiami Trail Naples, FL 34112 Re: Rinker Concrete Manufacturing Facility at Silver Strand CU-2oo6-AR-94S8 Dear Mr. Mudd: This letter is to again request that Petition CU-2006-AR-9458, concerning the conditioD8i use for the Concrete Manufacturing Facility at Silver Strand for Silver Strand III Partnership, be continued from the rescheduled May 22, 2007 hearing date to the next BCC meeting on June 12,2007. I am the authorized agent and have the authority to make this request. Although this item was unanimously approved by the Planning Commission and would normally appear 0/1 the Sumlll8lY Agenda, we have concerns with one of the stipulations from the Planning Commission. We are concerned that the stipulation requiring a southbound IICCClleration lane after a left turn onto Immokalee Road may be inappropriate and unsafe. We have met with County Transportation Staff and think we have an alternate mitigation proposal that will better respond to the "delay" issue that the IICCClleration lane was to address. We simply need some extra time to get all the pieces in place. If there arc questions, or if you have concerns regarding this letter, please do not hesi1ate to contact me, GLV/mlb ce: Fred Reischl David Genson Tom Sansbury Joseph Schmitt, Administrator, C~I 'er County Community Development & Environmental ServiCllS No Feder, Director, Collier County Transportation Department Mich I Deruntz, Collier County Planner Nick asalinguida F:\wpdocsU.mdr. VIIlarron Cnlll.. CnIBatdl PlanllCnms 0711. Mudd 5-14-07.doc Sit\y, ~oc Agenda Item No. 17B May 22, 2007 Page 8 of 89 Co~r County ~ .......,.-- ~- - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 5, 2007 SUBJECT: PETITION CU-2006-AR-9458, CONCRETE PLAN AT SILVER STRAND PROPERTY OWNER/AGENT: OWNER: Silver Strand III Partnership 2600 Golden Gate Parkway Naples, FL 34105 AGENT: George L. Varnadoe, Esq. Cheffy Passidomo Wilson & Johnson LLP 821 Fifth Avenue South, Suite 20 I Naples, FL 34102 Fred Reisch!, AICP Agnoli, Barber & Brundage, Inc. 7400 N. Tamiami Trail Naples, FL 34108 REOUESTED ACTION: George L. Varnadoe, Esq., Cheffy Passidomo Wilson & Johnson LLP, and Fred Reischl, AICP, Agnoli, Barber & Brundage, Inc. representing Silver Strand III Partnership, requests approval of a Conditional Use in the Rural Agricultural Zoning District with a Mobile Home Overlay (A-MHO) for a concrete plant, as specified per Section 2.04.03 - Table 2 of the Collier County Land Development Code on 14.74 ole acres. GEOGRAPHIC LOCATION: The subject parcel is located in the southeast quadrant of the intersection of Immokalee Road (CR 846) and Stockade Road, in Section 15, Township 47 South, Range 29 East, Collier County, Florida. (See Location Map on the following page) CU-2006-AR-9458 Page 1 of 11 cepe Meeting April 5, 2007 Agenda Item No. 178 May 22, 2007 Page 9 of 89 Page Two for location Map CU-2006-AR-9458 cepe Meeting April 5, 2007 Page 2 of 11 Agenda Item No. 178 May 22, 2007 Page 10 of 89 PURPOSEIDESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a concrete plant on a 14.74:!:: acre parcel within a 469:!:: acre parent parcel. The subject property is currently zoned Rural Agricultural with a Mobile Home Overlay (A-MHO), and is currently an active orange grove. As depicted on the "Conceptual Master Plan," the site is flag shaped, with a ISO-foot wide appendage extending approximately 600 feet to the principal area (600 feet by 870 feet / 11.98 acres) identified as the "Concrete Manufacturing Facility," The primary access to the subject property would be via this appendage that connects to !mmokalee Road (SR 846), A secondary access road is also proposed to interconnect to the property to the south, The subject property is a part of a 469-acre parcel that has been submitted as Grmvth Management Plan Amendment and PUD Rezoning (AR-I0262 Business Park at Silver Strand). The proposed Business Park at Silver Strand would fill-in the gap area between the "Concrete Manufacturing Facility" and !mmokalee Road (SR 846). The plan proposes a ISO-foot setback from Immokalee Road for Operational Facilities, a 100-foot setback from any exterior boundary for raw materials storage, plant location and general operations, and a 7S-foot setback from !mmokalee Road (SR 846) for supporting administrative offices and associated parking. A IS-foot buffer is proposed around the perimeter of the project area, with an eight-foot height wall around west, south and east perimeters of the "Concrete Manufacturing Facility." SETBACKS ~.. . .--=" - '. N ~_- -- I OPH U10NAL f..I:ID1ID. 1'_\V;MATI:RIA:~ >TORAGE:.nA.'-rLO:An~ A.\-:;C,E!,D.A.lOi>ERAT:m.; : ;;;';~~~~~~~~~~~:NG Ill~FE.ETntO)!l~_\IOl=R.OAD IOOFEE~A."'.~=OIl llOt:XD~Y III d' IH , II , '! rrnnwy.IMXO!:.-UEEWAD ,. If.on. \lEGETATNE l".I<DS('AP~+-- II ,/-S.:~_f~'>lG IlcJ"FER 7~FT,~.=-,!V- ";;-..- ~I_U~ ... R I . I ; 100FT ~. I : LA~<D.:::"!'E+ ,_..__--.!_______._-,: I I cU.r=R ;;. '~[ ~"I : : : :3 I I I I .::.: l:lllFT -i ~ I'EGETAT:VE I :2 '5CF.EEN'NG : CONCRETE I :...: ~,~S : MANUFACTURING: ~ : FACILITY : ~ !~~/-- : I 1~' I I L""'05CAP~ I.-- I I BUFrSi l : : , , , , , , , , , , , , : L____._______~ ~ ,OOFT ~_ " lANOS::APe 8UF~ER 10aFT ". :..ANDSC,APE BUFFER ~ ~ I ! I ~ 1,1,11 II I '\..!FOOT .~, ,= . ~ _1 i <31 1 ,'_.... !IlZZ'! CONCEPTUAL MASTER PLAN CU-2006-AR-9458 Page3of11 cepe Meeting April 5, 2007 Agenda Item No. 178 May 22, 2007 Page 11 of 89 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Active Grove, zoned A-MHO SURROUNDING: North: Undeveloped, zoned A-MHO East: County Facilities, zoned A-MHO South: Active Grove, zoned A-MHO West: Active Grove, zoned A-MHO AERIAL MAP CU-2006-AR-9458 cepe Meeting April 5, 2007 Page 4 of 11 Agenda Item No. 178 May 22, 2007 Page 12 of 89 AERIAL MAP GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): Comprehensive Planning staff has reviewed this request and offered the following comments: The petitioner's property, as identified on the Future Land Use Map of the Immokalee Area Master Plan, is within the Urban Designation (Urban Residential District/Low Residential District)(See Exhibit C). The Low Residential District allows residential and non-residential uscs that are compatible and/or support the residential character of the area. In addition to the uses expressly allowed in this District, Comprehensive Planning staff has historically interpreted that uses allowed in the Agricultural zoning district, such as the subject request, are also consistent with the Low Residential District. The Immokalee Area Master Plan (lAMP) describes Low Residential (LR) as: The purpose of this designation is to provide for a low density residential district. CU-2006-AR-9458 Page 5 of 11 cepe Meeting April 5, 2007 Agenda Item No. 17B May 22, 2007 Page 13 of 89 Residential dwellings shall be limited to single-family structures and duplexes. Multi-family dwellings shall be permitted provided they are within a Planned Unit Development. Mobile home development shall be permitted in the form of mobile home subdivisions or parks and as a mobile home overlay as defined by the Land Development Code. A density less than or equal to four-dwelling units per gross acre is permitted. Staff concludes that the proposed conditional use may be deemed consistent with the Immokalee Area Master Plan (See Consistency Review, Exhibit F). Transportation Element: The Traffic Impact statement (Exhibit D) indicates that the concrete facility will generate approximately 68 PM Peak Hour trips per day. Construction activity within the Town of Ave Maria is expected to absorb sixty percent to seventy-five percent of the plant's truck traffic and capacity. The Transportation Planning staff indicated that the project is consistent with policies 5.1 and 5.2 of the Transportation Element of the GMP. Due to the nature of the project traffic, turn lanes shall be provided in both directions. The project shall provide an annual monitoring report of traffic and road conditions immediately adjacent to the project. The project shall donate any necessary right-of-way for the construction oftum lanes and the future expansion of the adjacent roadway at the time of the next Development Order. ZONING MAP CU-2006-AR-9458 cepe Meeting April 5, 2007 Page 6 of 11 Agenda Item No. 178 May 22, 2007 Page 14 of 89 ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: I) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. LDC Subsection 4.02.02 B.3.a. describes design criteria for asphaltic and concrete batch making plants: a. Asphaltic and concrete batch making plants: (i) Principal access shall be from a street designated collector or higher classification. (ii) Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100- feet of any exterior boundary. (iii) The height ofraw material storage facilities shall not exceed a height of 50-feet. (iv) Hours of operation shall be limited to two-hours before sunrise to sunset. (v) The minimum setback from the principal road frontage shall be 150 feet for operational facilities and 75-feet for supporting administrative offices and associated parking. (vi) An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with eighty (80) percent opacity one-year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. (vii) The plant shall not be located within the Greenline Area of Concern for the Florida State Park System as established by the Department of Environmental Protection (DEP); within the Area of Critical State Concern as depicted on the Future Land Use Map GMP; within I ,ODD-feet of a natural reservation; or within any County, State, or Federal jurisdictional wetland area. The proposed "Conditions of Approval" match the LDC's design criteria with the exception of the perimeter buffer, which they are proposing an eight-foot height wall with buffering. They have not addressed critelia (vii) but the subject property is not located within or near those environmentally sensitive areas. 2. Ingress and egress to the 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 and egress to the site will be provided through a primary entrance off of lmmokalee Road (SR 846). The Transportation Planning staff is requiring that the project donate any necessary right- of-way for the construction of turn lanes and the futurc expansion of the adjacent roadway at the time of the next Development Order. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The "Concrete Manufacturing Facility" has the potential of generating a variety of impacts on neighboring properties. The petition attempts to address these impacts in their site design and the list of conditions which GU-2006-AR-9458 Page 7 of 11 cepe Meeting April 5, 2007 Agenda Item No. 178 May 22, 2007 Page 15 of 89 they agree to develop and maintain. Buffering, enhanced setbacks for building, operational facilities, and the storage of raw materials, limits to the height of raw material storage facilities, limits to the hours of operation, and access to the subject property have been provided to mitigate the impacts to noise, glare, economic or odor effects. The application states that "Industrial noise buffering standards , I1ftl'....." "- - . !!II I ".. 11lf.Jf,N '7!1loj4U "2'LI]Ir~ .M ".. ..... :) , 4 ] 2 ,. ... ""('45 ?'9r.~ 7g.J2S ~~'':/!-r- '""" " , ':'" '--f=: ~ B . 75>:-!II;I . 7 .-'" ~ ,a ~10'1 ,:z , J~,.,.,c:...: . , , 71lo1a.. ['... . , . . - !"....~~.. iIi ~... 18 ' 17 ,~ " SUBJEct:r :"-fl1H:J UNo 19 PR<M'E~TY, 22; 2]0 Z~ , ", ~. '" u. ?'(I'2;:fi 7g22tl ,g2111J '- ~ '10 2.!l .::!! , "- ~7 .... ZONING MAP will be utilized to minimize noise generation. A distance of approximately 600 feet separates the existing residential structures from the subject property to the north." 4. Compatibility with adjacent properties and other property in the district. The proposed use is compatible with the surrounding neighborhood, which includes County facilities to the east and the future business park to the south and west. The subject property is buffered with both landscaping and a wall around the "Concrete Manufacturing Facility" and landscaping along the entranceway. The petitioner has agreed to staff's recommended conditions of approval for this application which aids in mitigating traffic, sight and noise impacts to the surrounding properties. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the applicant requested and CU.2006-AR-9458 cepe Meeting April 5, 2007 Page 8 of 11 Agenda Item No. 178 May 22. 2007 Page 16 of 89 received an EIS Waiver for this petition (See EIS Waiver, Exhibit E). Environmental Review staff has reviewed and approved this Conditional Use request with one stipulation: 1. For the SOP submittal, the applicant will need to provide soil analysis for organochlorine pesticides (EP A 8081) and RCRA 8 metals using FDEP soil sampling SOP FS 3000. If no storage shed or mixing areas were identified in an audit, sampling should occur randomly from the agricultural area. Include a background soil analysis especially when evaluating arsenic since it is a naturally occurring soil constituent. Soil sampling should occur just below the root zone; about 6 to 12 inches below ground surface and follow FDEP procedures. NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Michael J. DeRuntz, CFM, Principal Planner: Neighborhood Information Meeting (NIM) was held on December 18, 2006, at 6:00 p.m. at the following location: Bethune Education Center, 614 South 5th Street, Immokalee, Florida. Fred Reischl and Michael DeRuntz were the only attendees at the NIM. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPe) forward a recommendation of approval of Petition CU-2006-AR-9458 to the Board of Zoning Appeals (BZA), subject to the following conditions: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Direetor may approve minor ehanges in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor ehanges remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this eonditional use, or major changes to the approved plan, shall require the submittal of a new eonditional use applieation and shall eomply with all applieable County ordinances in effeet at the time of submittal, including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04-41, as amended, relating to Site Development Plan (SOP) review and approval. 3. Prineipal aeeess to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be loeated or eondueted within 100 feet of any exterior boundary as shown on the eoneeptual site plan. 5. The height of raw material storage faeilities shall not exceed 50-feet. 6. The hours of operation of the eonerete plant shall be limited to two-hours before sunrise to sunset. CU-2006-AR-9458 Page9of11 cepe Meeting April 5, 2007 Agenda Item No. 17B May 22, 2007 Page 17 of 89 7. The minimum setback from Immokalee Road (CR 846) shall be 150-feet for operational facilities and 75-feet for supporting administrative offices and associated parking. 8. An eight-foot height berm with a vegetative buffer that consists of taller growing and denser type native trees shall be provided along the perimeter of the subject property. 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. 10. For the SDP submittal, the applicant will need to provide soil analysis for organochlorine pesticides (EPA 8081) and RCRA 8 metals using FDEP soil sampling SOP FS 3000. If no storage shed or mixing areas were identified in an audit, sampling should occur randomly from the agricultural area. Include a background soil analysis especially when evaluating arsenic since it is a naturally occurring soil constituent. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface and follow FDEP procedures. II. The project shall provide an annual monitoring report of traffic and road conditions immediately adjacent to the project. The project should donate any necessary right-of-way for the construction of turn lanes and the future expansion of the adjacent roadway at the time of the next Development Order. GU-2006-AR-9458 cepe Meeting April 5, 2007 Page 10 of 11 PREPARED BY: MICHAEL J. DE RUNTZ, CFM, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: JEFFREY KLATZKOW ASSISTANT COUNTY ATTORNEY DATE RAY BELLOWS, PLANNING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE Collier County Planning Commission: MARK P. STRAIN, CHAIRMAN DATE Staff report for the April 5, 2007 Collier County Planning Commission Meeting Tentatively scheduled for the May 8,2007 Board of County Commissioners Meeting Exhibits: A. Findings of Fact B. Proposed Conditions C. lAMP Map D. Traffic Impact Statement E. EIS Waiver F. Consistency Review GU-2006-AR-9458 Agenda Item No. 178 May 22, 2007 Page 18 of 89 Page 11 of 11 cepe Meeting April 5, 2007 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET , (i) Agenda Item No. 178 2800 NORTH HORSESHOE D~~2129 ~7~~ NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643.6968 , PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER CU-2006-AR-9458 PROJECT #2006030059 DATE: 4/17/06 HEIDI WILLIAMS ABO VE TO BE COMPLETED B Y STAFF NAME OF APPLICANT(S) SILVER STRAND 111 PARTNERSHIP ADDRESS 2600 GOLDEN GATE PARKWAY CITY NAPLES , TELEPHONE # 239-262-2600 CELL # E-MAIL ADDRESS:TSANSBURY@BARRONCOLLlER.COM STATE FL ZIP 34105 FAX # NAME OF AGENT GEORGE L. VARNADOE. ESQ. FIRM CHEFFY PASSIDOMO WILSON & JOHNSON LLP ADDRESS 821 FIFTH AVENUE SOUTH. SUITE 201 CITY NAPLES TELEPHONE # 239-261-9300 CELL # E-MAIL ADDRESS: Name of Additional Agent Fred Reisch!. Alep Firm Agnoli, Barbcr & Brundage. Inc Address & Telephone 7400 N. Tamiami Trail. Naples, FL 34108 Telephone # 239-597-3111 STATE FL ZIP 34102 FAX # 239.261-9782 BE AWARE THAT COlliER COUNTY HAS lOBBVISrREGULATIOIIIS.GUIDE YOURSElf ACCORDINGLY AND ENSURE THAT yOU ARE IN COMPlIANCEWITHTHES~ R~GU1ATIONS. APPLICATION FOR PUBUC HEARrNG fOR CONDITIONAL USE - 4/14/03, rev !;j20j2005 Agenda Item No. 178 May 22, 2007 Page 20 of 89 DISCLOSURE OF INTEREST INfORMATION a. If the property is owned fee simple .by an INDIVIDUAL, tenancy by the entirety, tenancy in cornmon, or joint tenancy, list all parties with an ownership interesl as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPUCAT/ON FOR ruatiC HEARrNG fOR CONDITIONAl USE - 4/14/03, rev 5/20/2005 . Agenda Item No. 178 May 22, 2007 Page 21 of 89 b. If the property is owned by a CORPORA nON, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage 01 Ownership c. II the property is in the name 01 a TRUSTEE, list the beneficiaries of the trust with the percentage 01 interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or llMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage 01 Ownership SEE ATTACHMENT APPLICATION FOR PUBLIC HfARING FOR COND/TIONAt USE - 4/T A/03, rrr; 5/20/2005 Agenda Item No. 178 May 22, 2007 Page 22 of 89 e, If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties. list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired [2J 9/1990 leased 0 Term of lease _yrs./mos. If. Petitioner has option to buy, indicate the following: Dale of option: Date option terminates: Anticipated closing date . or h. Should any changes of ownership or changes in contracts for purchase occur subsequent 10 the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. APPlICATION FOR PUBLIC H(ARJNG FOR CONDITION At USE - 4/14/03, rev 5{20/2005 , ,',' "" ;;~:E~i~::;,!'>:;:=; 'F":~~: :;~,;::,;~?"i :[f,~Q:j!;~RiiY~~liq~~tl~~ Agenda Item No. 178 May 22, 2007 Pa e 23 of 89 >.,- Detailed leaal descriDtion of the DrODertv covered bv the aDplication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separale legal description for property involved In each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) If required to do so at the pre-application meeting. NOTE. The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certlFicallon or sealed survey may be required. Secti 0 nIT ow n shi p /Ra n ge 15 I 475 I 29E Lot: Plat Book Block: Page #: Subdivision: Property I.D.#. See Attached Metes & Bounds Description: SIZE OF PROPERTY; ft. X ft. = Total Sq. Ft. Acres 15+ ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: The subject parcel is located in the southeast quadrant of the intersection of Immokalee Rd (CR 846) and Stockade Road. I: .', '. :'i"";:~'~,:i,;,;s;:if);'\i:jfl'~l/~:~pJ~t'~Tiii'i~Q:NINGt~;NJic)lAHR'g,(:i~'E;t~' .:]:~;;i:rc!' CiS:: r::~,. ;" ,:::' , Zoning Land use N A - MHO Undevelooed S A - MHO Active Grove E A - MHO Countv Focilltv W A - MHO Active Grove Does the owner of the subject property own property contiguous to the subject properly? If so, give complete legal description of entire contiguous property. (If spoce is inadequate, otlach on separate page). Section/T own ship/Range 15 / 475 Subdivision: Properly 1.0.#: / 29 E Lot: Plat Book Block: Poge #, Meles & Bounds Description: See Attached deed (subiect ooreel is 15:t ocres of the 469:t acres Doren. oarcel). APPLICATiON FOR PUBLIC HEARfNG fOR CONDJr/ONAL USf - 4/14/03. rev 5/20/2005 Agenda Item No. 178 May 22, 2007 Page 24 of 89 CONDITIONAlUS~ REQUESTDET All Type of Conditional Use: This application is requesting 0 conditional use allowed per LDC Section 2.04.03 of the A - MHO zoning district for A Concrete Plant (type of use). Present Use of the Properly: Active Grove EVAlUA TIOf.n:RITERIA Evaluation Criteria: Provide 0 narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, stoff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Boord of Zoning Appeols sholl be based upon 0 finding that the gronting o,f the conditional use will not adversely affect the public interest and that the ,specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been mode concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consislent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of tne future land use element): See Attached b. Describe tne existing or pianned means of ing ress and egress to tne property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: See Attached APPUCATJON FOR PUBilC HEARING FOR CONDITIONAL USE - 4/14103, re... 5/20/2005 Agenda Item No. 178 May 22, 2007 Page 25 of 89 c. Describe the effect the conditional use will hove on neighboring properties in relation to noise, "- glore, economic impact and odo" . See Attached d. Describe the site's and the proposed use's compotlblllty with adjacent properties and other properties in the district: See Attached e. Please provide any additional information which you may feel Is relevant to this request. See Attached Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities hove adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect propertv: To your knowledge, has a public hearing been held on this property within the lost yearl If so, what was the nature of that hearing? No Additional Submittal reQuirements: In addition to this completed application, the following must be submitted in order for your application to he deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-applicotion meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8'12" x 11" copy of site plan], drawn to 0 maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisians for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], APPtJCATlON FOR PUBLIC HEARING fOR CONDfTJONAL USE - 4/14/03, ~ev 5/20/2005 Agenda Item No, 178 May 22, 2007 . locations of solid waste (refuse) containers and service function areas, Page 26 of 89 . required yards, open space and' preserve areas, · proposed locations for utilities (os well os location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement os to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as req,uired by Section 3.B. of the Land Development Code (LDe). d. Whether or not on EIS is required, two copies of a recent aeriol photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Sold aerial sholl identify piant and/or wildlife habitats and their boundaries. Such identification sholl be consistent with Florida Deportment of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeoiogical surveyor waiver application if property Is iocated within on area of historical or archaeoIogicai probability (os identified at pre-application meeting); h. The petitioner must provide 0 submittal of the application. at: letter of no objection from the United States Postal Service prior to Please contact Robert M. Skebe, Growth Management Coordinator U.S. Postal Service 1 200 Goodletfe Rood Naples, Fiorida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 i. Any additional requirements os may be appiicable to specific conditional uses and identified dUrLng the pre-application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. APPLICATION fOR PUBLIC IIEARING fOR CONDITIONAl USE - 4jJ 4/03, rev 5/20/2005 1+ '.47 CONDITIONAL ;USE AP,PLlCATiON , , SUBMITl A(CHEC:K(ISt~ '~., , ,.....:.......".'.. '..:;....",', '.' .'.'.,-','.,',',.,,"';',;.;,'''''.''',;.- May 22, 200 Page 27 of 8 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APP'L1CATION PACKET REQUIREMENTS #OF NOT COPIES SUBMITTED REQUIRED 1. Completed Application 20* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* X Partners if a Corl:loration 3. Completed Owner/Agent Affidavits, Notarized 2* X 4. Pre-application notes/minutes 20* X 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 20* X 6. Environmental Impact Statement. (EIS) 4 X 7. Aerial Photograph. (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 X 10. Historical & Archaeological Surveyor Waiver Application 4 X 11. Copies of State and/or Federal Permits 4 X 12. Architeclural Rendering of Proposed Structure(s) 4 X 13. Applicalion Fee = $4000 - Comprehensive Plan Consistency Review = $300 Fire Code Review Fee = $150 Check shall be made payable to: X Collier County Board of Commissioners 14. Electronic copy of all documents and plans 1 X 15. leller of no objection from the United States Postal 1 X Service 16. Other Requirements - . DOCl.lmel1ts required for lon~-Ronge PlannIng RevIew In accordance with LDC Section 10.08.00.K., an application for a conditional use will be considered "closed" when the petitioner ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal in rmation may result in the delay of processing'of this petition. Agent Signature 3,;2 3. oc., Date APPUCATION fOR. PUBLIC HEARJNG FOR COND/TJONAt USE - 4/14/03, rev 5/20/2005 (i) Agenda Item No. 178 May 22. 2007 Page 28 of 89 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLlcANtINFORMA:TIPN .' , -'. ".::"'.""'-.c'_'>i'.'.::'..:-"'- " '''~':'--'--''':, ,- ,.".':"'-.';"." NAME OF APPLlCANT(S) SILVER STRAND III PARTNERSHIP ADDRESS 2600 GOLDEN GATE PARKWAY CITY NAPLES TELEPHONE # 239-262-2600 CELL # E-MAIL ADDRESS: TSANSBURY(ci)BARRONCOLLlER.COM STATE FL ZIP 34105 FAX# ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Southeost ouodrant of Immokalee Rood and Stockade Rood, LEGAL D.ESCRIPTlON ' , Section/Township/Range 15 / 47S / 29 E Lot, Pial Book Block, Page #, Subdivision: Property 1.0.#, Metes & Bounds Description: See Attachment I TYPE OF SEWAGE DISPOSAL TQ BE PROVIOED (Check appUcable system): a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c . FRANCHISED UTILITY SYSTEM ~ PROVIDE NAME IWSD d. PACKAGE TREATMENT PLANT 0 (GPD capacify) e. SEPTIC SYSTEM 0 TYPE OF WATER SERVICeTQi!>EPROVIDED a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM ~ PROVIDE NAME IWSD d. PRIVATE SYSTEM (WELL) 0 APPliCATION FOR PUBLIC HEARJNG FOR CONDITIONAl USE - 4/14/03, rev 5/2012005 Agenda Item No. 178 May 22. 2007 Page 29 of 89 ,,- T~t~:~'po.p:U:~~f~j;l:Nl0cB~~,~R~ip,: 30 Emolovees ~~;!!i~~~N,~k~Mg:~i~~;pi1~~i.Q~~ti!P,'ii A. WATER-PEAK 20aom B. SEWER-PEAK 20 aom AVERAGE DAILY AVERAGE DAllY 450 aod 450 aod IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED r!iAJt!~,[l'i:~;~,~~'rEM'E.N[& Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used oS well os 0 specific statement regordlng the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by 0 professional engineer. ..; :_" ., ,', _ ,;.., :1.;., ;. '.:'0,:'. ., ,~.. .,.: _::- ""," -~,." ._, ".:': ,',_ .c:~,:c , '," :...,_<...:"::,,_<,.,,.,:-:. ; , ::": :'~~:"""~"''',~:;'; C"::.~""""":"::,':~"~": ,..:~""""~:~..,,.. Q~b'!UB,;:~,Q.gN\!1't;i.\.!,nt!i!'iYi;;!R~I~~m!~l\I,;(\$ili"'nM!;Jl!ri If the project Is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection focillties within the project area upon completion of the construction of these facilities In accordance with all applicable County ordinances In effect at the at time. This statement sholl also Include on agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement sholl contain shall contain an agreement to dedicate the appropriate utility easements for serving the woter ond sewer systems. S"fAT~M~ij~':.9,F-;A'YA"I~A~jbl~tY.;CAR'*~)1t;~{fJi:~Mji~~HEij;;;oR:[~tV;IQ,ts.~i;Unless waived or otherwise provided for at the pre-application meeting, if the project is to recelve sewer or potable woter services from any provider other than the County, a statement from that provider indicotlng thot there is adequote capacity to serve the project shall be provided. APPUCATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20j2D05 A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor os determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 1 0 acres in size, althou'gh based on the intensity or unique character of 0 petition, 0 major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: (at build.out) Annual Average Doily Traffic Peak Hour (AADT) . Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such os providing or eliminating on ingress/egress point, or providing turn or decel lones or other improvements. G, Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: Stote how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2,7.2 ond 7.3. A Major TIS shall address 011 of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Troffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Deveiopment APPliCATION FOR PUIJlIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 ,....-.. The following standards sholl be used In prepartng 0 TIS for. submittal In conjunction with 0 conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the profect for each link within the profect's Radius of Development Influence (RDI) In conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportatlon Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assicmment: Provide 0 mop depicting the assignment to tile network, of those trips generoted by the proposed project. The assignment sholl be mode to 011 links within the RDI. Both annual averoge and peak seasonal traffic should be depicted. 3. Existina Traffic: Provide a map depicting the current traffic conditions on 011 links within the RDI. The AADT, PSDT, and LOS shall be depicted for 011 links within the RDI. 4. level of Service (LOS): The LOS of 0 roadway silo 11 be expressed in terms of theappiicable Collier County Generalized Doily Service Volumes os set fortl1 in the TCE of the GMP. 5. Radius of Development Influence (ROil: The TIS sholl cover the least of the following two areas: a) an area 05 set forth belowi or, b) the area in which traffic assignments from the proposed profect on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or 05 required by DRI Other (commercial, industrial, institutional, etc.) o - 49,999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in rood miles from the proposed proiect rather than 0 geometric radius. 6. Intersection Analvsis: An intersection analysis Is required for 011 intersections within the RDI where the sum of the peak-hour critical lone volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Backcll'ound Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect maioI' thoroughfares within the RDI of the proposed profect sholl be provided. This information sholl be depicted on 0 mop or, alternatively, in 0 listing of those prolects and their respective characteristics. APPliCATION FOR PU8L1C HfARING FOR CONDIT/ONAl USE - 4/14/03, rev 5/20/2005 Agenda Item No, 178 May 22, 2007 Page 32 of 89 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the proiected development areas within the projects RDI. A mop or list of such lands with potential traffic impact calculations sholl be provided. 9. Throuah Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates sholl be provided. It may be desirable to include any oddltional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadwav ImDrovements: All proposed or planned roadway Improvements located within the RDI should be identified. A description of the funding commitments shall aiso be included. 11. Proiect Phasinq: When a project phasing schedule is dependent upon proposed roadway improvements, a phosing schedule may be included as part of the TIS. If the traffic impacts of a prolect are mitigated through 0 phasing sche;dule, such a phasing schedule may be made 0 condition of any approval. APPlfCAT/ON fOR PUBLIC HEARING FOR CONDJTJONAL USE - 4/J 4/03, rev 5/20/2005 Agenda Item No. 178 May 22, 2007 Page 33 of 89 '- EVALUATION CRITERlAATTACHMENT a. Describe how the project is consistent with the collier county Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section of portion of the future land use element: The project is located within the Immokalee Area Master Plan (lAMP) Overlay District. It is located in the southernmost section of the lAMP and is bordered on the east by eounty facilities (barn. stockade, and landfill). Policy II. 1.5 provides "new agricultural uses are permitted as long as they do not become either a nuisance or create noxious conditions." Comprehensive Planning has determined that the proposed use may be found consistent with the IAMP. The property is currently zoned Ag and a concrete manufacturing facility is a permitted use in the Ag district. subject to conditional use approval. A "conditional use" is a use permitted within the zoning district, subject to locational criteria 10 avoid compatibility issues. Compatibility issues are addressed in (d) hereof. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control. and access in case of fire or catastrophe; The Site will have direct access onlo lmmoka1ee Road (SR 846), an arterial roadway. The on-site traffic circulation will be designed to separate pedestrian (worker) traffic from truck traffic, utilizing industry standards. eonstruction access will be via an existing access point on SR 846 as shown on the Master Plan. In case of fire or catastrophe, emergency services will have quick access to the site from Immokalee Road. The Immokalee Fire Control District is located at 502 New Market Road East. approximately 2.5 travel-miles northeast of the site. The eoIlier eounty Sheriff substation and EMS station are located at 112 1" Strcet South, approximately 1.75 miles north of the site. c. Describe the effect the conditional use will have on neighboring properties in relation to noise. glare. economic impact and odor: The property is surrounded on three sides by property owned by a companion entity. On the fourth side are the County facilities previously described. I11dustry noise buffering standards will be utilized to minimize noise generation. The facility will also meet County buffer requirements and stringent setback requirements (75 feet for offices and parking and 100 feet for raw material storage. plant location and general operations). In addition, the site is adjacent to County facilities to the east (eounty barn, jail, and landfill), Immokalee Road to the west, native vegetation to the north, and an active agricultural grove to the south and west (the grove is currently being planned for a business park), The closest residences are over 600 feel to the nOlth. APPliCATION FOR PUBliC HEARING FOR CONDITIONAl USE - 4/14/03. m 5/20/2005 Agenda Item No. 178 May 22, 2007 Page 34 of 89 d. Describe the site's and the proposed use's compatibility with acijacent properties and other properties in the district: The proposed concrete manufacturing facility on the subjcct site is more compatible with sun-ounding properties than the low density residential designation. Further compatibility will be achieved by buffering. The concrete manufacturing facility will meet eounty buffer requirements. Setback regulations require offices and parking to be 75 feet from the propeliy houndary and raw materials storage, plant location and general operations to be set back 100 feet from the property boundary. The proposed location is sun-ounded by currently compatible land uses. The property to the north, owned by a companion company, is undcveloped native habitat. The nearest rcsidcnce is north of the native habitat, over 600 feet from the concrete manufacturing facility boundary. The propeliy to the cast is owncd by Collier eounty and is used as a jail, a eounty maintenance facility and a landfill. Immoka1ee Road borders a portion of the west property line. The remainder of the western property line, as well as the southern boundary of the site, borders an active citrus grove; however, a growth management plan amendmcnt is cun-cntly being pursued which would permit a business park to the south and west of the concrete manufacturing facility. Design of t\1e business park and allowed uses adj acent to the concrete manufacturing facility wi 11 ensure that compatible non-residential uses surround the site. e. Please provide any additional information which you may feel is relevant to this report. As detailed in the TIS, the subject site is conveniently located between the Immokalee Urban Area and approved development in the ,Rural Lands Stewardship Area, lessening tbe impact oftruck traffic on other roads in the county and the Immokalee Urban Area. APPLICATION fOR PU8UC HEARING FOR COND/TJONAL USE - 4/14/03, rev 5/20/2005 I j/ J / Agenda Item No. 178 N M~~07 """'a"-J "'_ 89 BATCH PLANT LEGAL DESCRlPTION A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE SOUTH 00004'34" EAST ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 1345.56 FEET; THENCE LEAVING SAID LINE NORTH 89017'51" EAST A DISTANCE OF \50.01 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE DESCRlBED IN OFFICIAL RECORDS BOOK 3802 PAGES 2557 THROUGH 2591 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH 89017'51" EAST ALONG A LINE 30,00 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 1203.97 FEET; THENCE LEAVING SAID LINE SOUTH 00007'30" EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF TI-IE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 900.05 FEET; THENCE LEAVING SAID LINE SOUTH 89017'51" WEST ALONG A LINE 900.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 615.03 FEET; THENCE LEAVING SAID LINE NORTH 00007'30" WEST ALONG A LINE 615.00 FEET WESTERLY FROM AND PARALLEL WITH TIIE AFORESAID EAST LINE A DISTANCE OF 750.04 FEET; THENCE LEAVING SAID LINE SOUTH 89017'51" WEST ALONG A LINE 150.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 589.06 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE LEAVING SAID LINE NORTH 00004'34" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 150.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 14.74 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. AGNOLI, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS GEORGE W. HACKNEY P.SM.5606 CONTAINING 14.74 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. REF. ABB DWG # 9327-BS-3lJAN07 \ .v va '".u~a Collier CD. RDDRESSING 941-859-5724 63/69/200b 69:37 2542829 ABll PLANNING Agenda Iterr.~.oL 178 PAGE 1'&<2Y , 2007 Page 6 of 89 ADDRESSlNG CHECKLIST Please complete following IlIld submit for review to tllO Addre~sing Section at 2800 North Hors..hoe Drive or fax to (239) 659-5724, l~ot all it~1l apolv to every proieot, Items in bold tVDe are feQuired, Completed addressing checl:list is required at the Pre-Application meeting, 1. Lega.l descrIption ~f subject property or properties (copy of le"pthJl. description may. be altache~ -"f, SectlOll ~5 TOWlllImo 47. Range 29 A nnrtion ofthi. 468+ "DTe' WIll be used for a hatch plant +:s- ~O-tc...d I 2. Folio (Property ID) number(s) of shove (attach to. or associate with, legal description limore than one)_ 00137640003 ' 3. Strect address Of addresses (as applicable, if already assigned) 4. Looation map. showing exact location ofprojectJsitc in relation to nearest pub tic road right-of.way (attach) 5. Copy of snrvey (NEEDED ONLY POll. UNPLATTED PROPERTlES) 6. Proposed projcct name (if applicable) 7. Propoood Street names (f)'applicable) 8, Site Development PIal), Number (FOR EXlSTJNG PROJECTSISITES ONLY) SDP 9. Petition Type -, (Complete a aeparMe AddreSSing Checklist for each Petition Type) DSDP (Site Development Plan) 0 PPL (plans & Plat Review) o SDPA (SDP Amendment) 0 psr (preliminary Subdivi.ion PI.t) 8 SDPI (SDI' Insubstantial Change) 0 FP (Final Plat) SIP (Site [mpro\Oernent Plan) 0 LLA (Lot LIne Adjusbnent) SIPl (SIPIlnsubstantiaJ Change) 0 BL (BlastiIlg Pennlt) o SNR (Street Name Change) 0 ROW (Right-of-Way Pennit) o Vegetation/Exotic (Veg. Rcmo~_ 0 E:xP (Excavation Pennit) g] und Usepclitioll (VariancGondit;onal U;:::' 0 VRSFP (Vcg, Removal & Site Fill Penn;t) Boat Dock Ex!., Rezone. PtID re:tone. ete,) "', rJ TDR (Transfer of Development Righis) JQ Other. Describe: Conditional Use to. Projcct or development names proposed for, ur already sppearinll in, cDlldominium documents (if applicable; indicate Whether proposed or existing) ___.... , 11, Please Cheok One: Xg) Checklist is to be FllXed Back 0 Personall,y Picko:d Up 12. Applicant Name .Jane E, Eichh9l:!L....__Phone 597-3111 Fax 254-2829 13, Signature on Addressing Checklist does 1JoI constitute Prqject and/or Streel Name approval and i.s subject to further review by the Addressitlg Section. FOR. S'l'AFFUSE ONLY Primary Nllmber 23Sz. ' AddreS$ N~mbcr Addre.. Number II Addl'e..Number ___ Approved by ~V\~ /}(.-6)(a.'n-.Dat<.3.:- fa -0 G CU-2006-AR-9458 PROJECT #2006030059 DATE: 4117106 HEIDI WILLIAMS .,,- .,,- N C> ~ ~ a ~i ~~.'-~ 1....1 M V, = ~, S!J 0"> ,.. t;: If"> 5 = G> r- u "" w ""'. :J ...J 0 = '-' . 11."~ PRr~~ DOC !:J.j.,JtX}~ INT -z:r;;::: IND~ 1101560 011 BOOK Afj,,"ua Ilem I~O. 178 May 22, 2007 Page 37 f 89 II [) 0 If 0 7 PAGE 17, bo~) tl~ C~ This instrument prepared by Harold S. Lynton suite 200 2600 Golden Gate Parkway Naples, Florida 33942-3206t and when recorded return to Lee '1treadwell suite 200 2600 Golden Gate Parkway .?'l Naples, Florida 33942-3206 Property appraiser's parcel identification number: Grantee's tax identification number: TIN application pending ~ DEED made this August,'). t>, 1990, By Lamar Gable, Harold S. Lynton and Juliet c. Sproul as Trustees under the Trust created for the benefit or Juliet C. Sproul under the Will of Sarron Collier, Jr., deceased, probated in the Circuit Court for Collior County, Florida, Probata Division, File No. 76-33, and also individually, and Barron Collier III, Lamar Gable, Frances G. Villere, Phyllis G. Doane and Donna G. Keller, and also joined by Dana D. Collier (tha wife of Barron Collier III), George G. villere (the huspana of Frances G. Villero), Donald D. Doane (the husband of. Phyllis G. Doane) and Lewis E. Koller (the husband of Donna G. Keller), none of the other named persons being married (all of whom are hereinafter, as such Trustees and individually, and spouses, called the Grantors), whose post office address is suite 200, 2600 Golden Gate parkway, Naples, Florida 33942-3206, To Silver strand III partnership, a Florida partnership, (hereinafter called the Grantee), whose post Re'elved $ Lj J. I\'()C'\. Of) Document.,." Stamp Tax ReceIVed $ f...J ( .. C'1;)r.!. "e" rntanp)blp. , !.U.-_Pcr~onal Property TalC COLLIE:srUNrv CLERII OF COURTS ev ,-......, :7 ..-# '1 CJ D,C. ~'~~it( , l.:~.::. . 'i~#ii!.,' ',:..' ;,~~~~il:', ' '.: I ,':"~:~. ',.~,;. :'.}: ';~{'~I~:'?'r:~<,~t.~ ." ", \ ,,\ \..' ~i. ',J, .~'". ' .".I.:~ ,':" '.. .~~~' ~ill~,,:..'rtl,.... .; :i....\ i>> .' ',.. ; \' l . ,::,~;: ~i;." ~: "1' '{l": ' " r .' .';.'::',~: ',::~' .;/ l~' {~/'/ .\':- .: :';' :":;:1~': ' . , .. 'l~l. .;~',~:...>.~I~ . ,{I,~ ','. ' ,. ,~lr" . .' .'\f,,, '...~_ I," .,'"I,m' " CU-2006-AR-9458 PROJECT #2006030059 DATE: 4/17/06 HEIDI WILLIAMS .;..... .....' ,.~'.i~ . . .':;-c~~'.' .;. ,-^~,:;-,,,;,; ;- ,1 ...:"~. r , ',",,,, '~',r:~~Y .,' ,.';:Jt ^8CIIJa :~C;III l~u. 178 May 22, 2007 age 38 of 89 office address is suite 200, 2600 Golden Gate Parkway~ Naples, Florida 33942-3206. WIT N E SSE T H The Grantors, for One Dollar and other valuable consideration, the receipt of all of which is hereby ackhowlcdged, hereby grant, transfer and convey to the Grantee ano its legal representatives, suocessors and assigns, the landa, lying and being in Collier County I state of Florida, described in Exhibit A hereoft TOGETHER with all improvements, tenements, hereditaments and appurtenances and all rights, powers, privileges, titles, interests, estates, reversions, remainders, easements, riparian and littoral rights thereto belonging or in any wise pertaihing, TO HAVE AND TO HOLD the s~me in fee simplo forever. SUBJECT to any valid rights-af-way, easements, restrictions, and reservations that are of record or that an inzpection would disclose I inClUding, without limitation, those for roads, pUblic utilitissl water, water lines, sewers, sewer lines, electric facilities, borrow pits, -~- .., '"" (ii:' ;;'~.;,;,i,1,(>: ,',.>: , ')'V" :,."", '1<& ,',., .....l . i~~(!: \!:>~ ! ,";;l~:;:{':;::!};, ':~, , ,.','{~~I' ",,/,i\l';'. " ~::<~1Jr>::" ;:'~'.: 0 :::> ;0 = co '-J'1 0 0 0> :::>< = "'- ~ '- = G) -, m = = .' ; ..~~);~ .~.@JeAEta It::::ffi t~5. 178 May 22, 2007 L"'llNli~ml:OrlTIii'&IP e 39 of 89 fll.E NUMDt'.R 700 b outfall ditches 1 drainage and drainage canals. Said lands are not the homestead of anyone~ IN WITNESS WHEREOF, the Grantors have e~ecuted and delivered this deed the day and year first above mentioned. C) .~ :::u ,:=:'J CO Cl Cl A <J'1 c:n o . [L.S.] [L.S. J [L.S.] '- :J!o G") .i-'" m = '.0 [L.S. ] [L.S. J [L.S. J rT C! j [L.S. J [L.S. J [L.S.] . onal , Doane ~C-;14//r [L.S.) s E. K ller, 1", Vl0-12085-001 deeM2 HSL08160 -3- ,".:~.::: ',;'. ~ i~' ! '. .:ilii~':, , ')'0';" .. ; 'J~':' . ;:.;:.r;..... . ,. ,-, , "I' .~'..."..1l."., ",-' 'I ",i' \l"...."'.F~'..'I.,.., "",',1",,,., .:~.:, : ...:; ~":'l:." ',,' ~ \: ;'.)' S ,',"0.':,.' t;t~.: ; ",' .: : ;&'t ,.,~,u....', I'll ~ l.JtJ." . :S;.!,~"l:' i.>. :'\' ,;.:. ;' ./~.:f;':.' 'll~,! ;\~tjt.~~~\\:<\',:I'. ',\1' .'....tf,t1 '1':":"/-(;: 'I\,'tr..:.f 'i,~"~:" . . ,V~ ',,'.\' r 'i'.'.I.1!:I'\J.jP,,':r..1 ,".J[~ t"'df:" ..,~.,"" ..1::'.1. "I: . '.. , '/:~r,:,;: ,:~?\\/i1;'f;",(;';i';;C~:!'( '\i~ ~:'!:I\'~;!~'i; < ;'.'}:':\l):>,.j~l~"": "<;.~~~::'.":',~ :i:I ~Y'.;~:~r), r:l";/ "\,,':.~.; ~.' :;:{~~:~~3::."::"{J::~: ..'." ,I," ',;: ::<?:~'.:: '.' ;:~t;.:'~ :',,:: , .. .. t.~'J'::.nrb 1+9'11 fl..I,.., 178 May 22, 2007 age 40 of 89 STATE OF FLORIDA SS. : COUNTY OF COLLIER The foregoing instrument was acknowledged before me this {7~ -'a, 1990, by Lamar Gable, Harold S. Lynton, and J'uU.et c. Sproul as Trustees under the Will of Barron . Collier, Jro, deceased, and also individually, and by Barron <::> - ;U "'" D.J U1 Cl Cl 0> ;X = Collier III, Lamar Gable, Frances G. Villere, Phyllis G. Doan and Donha G. I<eller, i.ndividually, and by Dana D. Collier, George G. Villere, Donald D. Doane and Lewis E. Keller. . l\-~' ,"',." !;:,~,.'!..:, ,'l'I\lI1l1f,.,...., ......\" \., M J'f'l~ ~........~....\,...,....1 ~> r,~~ ~,:,"'~ 1 0 ' '0,:;.' ~(::~ ,f~:J .... ...~/JT,:~n i" '0 ": ':!, ~ r.': ~ ' ~.... q';~ '1" ~ :l, e." \ l'il1'~'" \ {;. .: :.", !~ \~;.:.:;;, .~',.:~ ,\, ':,'~~~::~:~~}. ~"(I'I (l;:;\~\' '\In'~' , ..J/ljl.llll~tl\~ ;:.,. '. JuJMt cI. ~ Notary pUblic oorARVMUC l;T,\TE Of noo.\oA. MY C<'"I/~.1Im'l:t11 [XP f.lGT.m,lWol rKUlF,D THI1U crm,MI. 11m, lillO, - "'U = :t>- = Gel .r-- n1 = . -4- "Ir~'~f ". I. "J'\'tt'f1J,/' \1:' I ':~lil"\' ,";:: i~": ',\ '.'.i~"':, ,,: ,:',.,: ,:,",;, , ;" '-~il; ',tIl' f\t~. .' ...~.~~ I ,\' ,~, ... I' \"'1' ,,' 'J' ,', ,'!i!5 ,'. ,'" ' ',.,' ~'l'~ ,'" ~ II' ,~"\ '/ If', ,j '0{' ,liJ. ' ,~, ,J \",., " " ';' I' ''', :,',r: I ". '\ t, 1 ,'.t .';;1 ::-- ',t' ~,~" -l,~~ rt~....., ~~~''''t' ";' ,J~.....\, "r "'~''''~ ,~, '\j;t~ b/ ~, :~',:' j', ' ~;,'':),,~ ',"~1 ~ ,-":'~',:~; \:!'it\': "", , ,}g~... .' .-$." .". ~ ):~j~~~: ' " "''-if.' ,::~~}:' ~\:.;~~: """ . . ';'~':' . ;!).&.~.~::., :'X<i;" .' ""l~!~':! , ..J,~".",., ". /,~ ~ ,.". : "";:~;i:"'" '[1" ",:",. .~-:: ,"~"~' ,:" " :lia:;;': ,':"I'/~t:;~. " ...~.IJf .; ~~.". . , ~(<. : . ~\ . .:'~" i ~t~" ~ ". " . f\' ' 'h\';J,"i . .'I~;j, . . ^9~nrl~ Itpm "I,..., 178 May 22, 2007 \''In^iiTIONGbli.ifii'G~: - Page 41 of 89 fltE NUl.\8f:1l 7&0(0 ~IT "Air PARCEL It All of Section 13, Township 47 South, Range 2~ East, lying South and West of ACL Right-of-Way, lees lands described in Deed Book 17, Page 453, Publio Records of Collier county, Florida. PARCEL II: All of Section 24, Township 47 South, Range 29 East, loss of-Way for State Road 29. and less ACL'Right-of-Way. PARCEL III: o Right- ;:D CO o o :;::-; All of Section 15, Township 47 South, Range 29 East, lying East of County Road 846, less the NW 1/4 of the NW 1/4, less lands desoribed in Offioial Rocords Book 1033, page ~742t and less lands decribe.d in Official Records Book 99, Page ~99, Public Records of Collier county, Florida. PARCEL IV: ~ll of Section 22, TownShip 47 south, Range 29 East, less County Road 846, Collier County, Florida, LESS CAMP REAIS ROAD which is-o morG particularly described as follows: ~~ G) COMMENCING at the southwest OOrner of said section 22, Township rr1 47 South, Range 29 East, Collier County, Floridal THENCE North 88'49'07" East, 40.00 teet to the "POINT OF BEGLNNING" of said parcel herein described; THENCE continuing alonq the southerly line of said pa.1::'cel, North 88~49'07" Eastt 80.00 f~et to a point, ~'HENCE across said section 22, the following Fifte"n (15) courses: 1. North 01.08'3011 West, 60.88 feet t.o a point; 2, along a curve, ooncave to the southeast, whose elements are, central angle of 40.14'12", radius of 760.00 feet, arc length 53:L 72 and a ohord. that bears North 18' 58 '3611 East, 522.82 feet to a point I 3, North 39'05'42" East, 543.44 feat to a point; 4. along- a curse t ooncave to the west, whose elements are central angle of 39'5215411, radius of 840.00 feet, arc length of 584.70 feet and a chord that bears North 19.091 15H East, 572.96 feet to a pointJ 5. North 00';47'12" West, 600.00 feet to a IJoint; 6. along a curve, condave to the southwest, whose elements are, central angle of 90'0010011, radius of 540.00 feet,' arc length of 848.23 feet and a chord that bear.s North 45'47112" Wast, 763.68 feet to a point; "~':,,',' -,~Ii',~\'i !';~." ~':;,; :'';,,& ',',,!. _\',~~f:l~' ',,;.: ~ I):,'J' ..", ' '~' ::ff'~"'~\' ..l','[\~ "\I!'t'r~~~ ,",1 (."",\,1 ,,;', ~ ).'~'~~ 1. -:1 '9;',i, 'p:>> '(.':',';.':;:)~I", ~,: ~,J ,.::,>' . " I~ H. ',~,', 'I', \ ,.. it~ . .,~. .,.;. 'I '" , .;.,.'" , . - \. )\""1' "I' I'~ :,'t ~ ,'.\ ".: I' ' ,', .'.. , ',,, " I'" ,;' 'f]":' ~\ <I, i,~ \:... :)' ,,' "t ,I".'\~ ;.'" \~" 'il I '1"'_ \ "w , . .. . "'. 'I' , . 'l, 'I'I ,";'11': 'l;:;"'~ I ' ~I 'lr, I - -\;. ,~",,{ "I ",', - .' ':o.,:.'!' .. 'fl;a' f ~."~...'~ 'I:~"':\. (:'\ ,~i1.~:' . , ':' ':',' 4\ ,. ~'r;l'\~' 'rl' . ",,) "- ~I · ,.,~., ." ",' " ,. ,\ 'il:'. ' .,' 'I' ,", '} ",' '.", ',~" .A;' ,'. '~. '" ',' ;""~J')"!-I'\"'(\'JI~ >'(l,.~\~. "," .,~, '".' ; ,:~\}k, '/ ,~~, r}::,:l~\~1 ~.'r',.;l{' ,- '. ,".!, , :~:., ~ ':'s '1"'iIL,t:"...'1 '1\" ~'i ,,-t;. ~ ,':' \~,'" ' ," . "'f "'J''''~~i ~\,~ I .l", ~t~.r "~,':"1/4't " ',' : ,."~' ':. :.,,~, ,"'~ ,...'.;,"~~:,1 -.\. ,'"ti''' ," ;' -~',' ,~: '~\\'~\'l\"" '" ',' ~,,\ \' '_'r'~1~'," ". \~\' ",' "~!......i:l',",>'''''l~;r',\l,, ~\r:~\,/:i". '01';' ",J'1,! ;J." 1:""I,'!A ,I:~: ,J .~: '': .,i;j'f,I' ~-~,~,",' ;:~':, " "A~,: : . '.. I ,wi'I", 'r " '. I ~", . , "i, 1(" , ,: ,'. ',f, ~-f1 'J';' ,: '} ";'li:" f: ;,' :,'.j', :~;~!, ~. .' " . . ~' " ,I- :0.', ~,Il.l ,.~\ '.> ,:~~.::,: ,,'.: ~.:, (i,I!i!):':":.',:~,I!. ': t. ,'o' ,',' ";' . ,I i' ~~;. ,:~' , ,', " .l::; !~:',;~:',',~ \; . );' :':'~;1::~:"',: ':\':.: . ':.~;;. '.~~r~t :ii'f' >/t ''''" ".!,;:.,r" ltLIo)" .w,~: "j."~; . !;{.~ ,.,.:. , ~. '; ':{'OJ,' . 'I~~}? !}, ,~1.1J .~'.l~ ..',..,...., ;.-.. ,'H'.- '.::J >::> c..n 0") = :::> = "".. 7. 8. 9. 10. 11. 12. . 13. 14. 15. . A~t:llUCl Ilt:111 hiu. 178 ClflCliiU'Ij"l:(iiTliii'i":Q:-- ,V1ay 22, 2007 . fll.t. IJUMIJEIt age 42 of 89 7&oh South 89-1.2'48" West, 26t>.63 feet to a point intersecting the easterly right-of-way line of Immokalee noed along the easterly right-Of-way line of Immo}(.alee Road (S- 846), South 01'08'26" East, 80.00 feet to a point; Leaving said easterly right-Of-way linE! of Immolcalee Road (8-846), North S9.12'4BII East, 266.14 feet to a point; along a curve, concave to the southwest, whose elements are: central angle of !:l0' 00 I 0011, radius of 460.00 feet, arc length of 722.57 feet and a chord that bears South 45"41'12" East, 650.54 feet to a point~ south OO"47'12Jt East_, 600.00 feet to a point; along a curve., concave to the northwest, whose elements are: central ahgle of 39~52154", radius of 760.00 feet, arc length of 529.01. feet and a chord that bears South 19'09115" west, 518.40 feet to a point; south 39'05'42" West, 543,44 feet to a point; along a ourve, concave to the southeast, whose elements are: central angle' of 40~141J.2", radius of 840.00 feet, arc length of 589.90 f;eet and a chord that bears South 18' 5B' 36" West, 577.85 feet to a point; South 01'08~30" East, 60~93 feet to the !tPOIN'!' OF BEGINNING". ~ c::> ::':, .... CO U1 CJ '? 0) <::> And less the lands lying West of camp l,eais Road. ';:.:.' PARCEL V: ,-, U J> c:J C") .~ CollierrTl All of Section 23, Township 47 South, Range 29 East, county, Florida. e" PARCEL VI: All of Section 14, Of-Way for state County, Florida.. Township 47 South, Range 29 East, less Right- Road 29 and less ACL Right-of-Way, Collier PARCEL VII: All of section 27, Township 47 south, :Range 29 East, Collier County, Florida, LESS CAMP KEAIS ROAD whJch is more particul.::l.rly described as follows: COMMENCING at the north~1est corner oJ:: said section 27, Township 47 south, Range 29 East, Collier County, Florida; THENCE along the northerly line of said section 27, North 68'49'07" East, 40.00 feet to the .uPOINT OF 8EGINNINGJl of said parcel herein de$cribed: 'I'HENCE continuing along the northerly line of said Section 27 and the northerly line of said parcel, North 88'49'071t East, 80,00 foot to a point! '. ';r:(/ '. ";,.', ';i;~:v~"r'y -1\"I;"'I'':1.[~)tW!in;o'{''I'~;1'''; [ ....,(j '''.J; .;- "~{J. ~... ;\ '1\: ~Jt~~.~,',1 ,~\~ 'f.dl~'t:W~,j\j1,\V~~,.} '. \' ~ ~~~,' ':"'n; . t." 'r~!rl ,l I 1 1"~~,1 'l..' '~\'. ~ { ~'~'i<"1..t,\ ' . 'J :tl1 '.~ "',"1 . ({~", \1 ,..,,~,~ "~1 "1"':'~'~ I -Il' "~~,~~,,. . 'J,..\'~,';./ . " " (,i ,l '... -~ . V"f. \..r 1.11'1;\.... l~ ~,~...~.\l\ 1:' d "> 'f,\o~' ,\ ,~< .: i ,lf~..l~j','.:r/r " ~~'~~jr"\~"'11 :>i Jll" /:'v..~J "'~ \'f" ,....', ,~',' (1~1"" ;1\,,' j, ~'I"J .;f"' ..: t f,'ht';.r::, ~'i'~ ,\::~ r", ;, ,: "I!'l:~! ' . p Ii" I . '.. r L,. ,AI. ~", ," "ll~:' l' 'I' ,I' ; . ' \ ~..: , :!'~\r I d:: ('/')'iY:"~I~~~''''<'t . ;~?J./, '~lit,.1~,i~~~t, '~I:;J:' /;,.,~;:J ~ l ~r f;".[ ';t....,..~:::t~'.~ ,~~t.\r,'~ (,:'/ 'I.')~' 'i'l~{"~!~ '\.t, ,,J't-",.r 1"l~'~r." ".;i,"', !.~ f1~,..,.~t",,!;Ii' ~"i~}"r~ ;~t ,\:,Y~I\l;J\.'~ ," 1'" t~,y. 'L l:tr: ,", .f.~t:1.^\, I."'"' I :Ji~ " ,,~~: I, 'a\,i.'J\ ~', ,~ " ~\ -\ l~\'. i '.>~'ii: ,I, ,5:.' 1 I.....', ~I;I,,\ ,:r',~.' ~(' ":~~'l",~.'lrt "I" 1t"(,I,'l " :. 'I ~'Jj . I .~.; ,d 'tl~tlt ., . , . I' '~\'" .1 I, ]" " ' . ~', / ,., , j~(~,;"'.)"':I: '1,1..'~\.1 ,: '.",.., ,1'~'1 hi.r~"'l:"'.i ",".1"., '~'J:I"~ '}IV,~' .:. ,,-:/)., _,' '. ',' i:/l ,~"", '''1 " . !'~' ~;j! l' ':l~rr.~, - ~,';; ~"'I ,i;:ji .,,:,'..f\ ','1"~i:.41~~\,f' //~" i" . ':,;'. (, 'i '. ' '.,'J,!.'" "" '!"~'l ':. , L'.. "j:rl,:r,., \:!",:~., ", I..." " ,;,~,1, I ,,''1:'/,'' n ~ ~,~~ 1.,<~" ,\,,[t' ~'~lI" ";\.{)"K'I, I' .,,'. ,\ . t. \ ,:}~'l'(" ": "':l,"':,,;':'.'l ~",/':,',:~:..":r(' r!\ ,': '.' ",' Ii". h ~',.., "",,,..',, ,.,. ""'~'I'''''( '\, '1, ~'!;il ',I',,,,, (" " "" '~~ ',' ','I~I;' ~.. ,.',..~,~~,Ili,;,.,<!f: "'.~~ ,~\':"'un,1 \ ,l ,'I, . ~':.1 ", . .,,1,.. I, ..I, ,;, '" '.; ',"',',' ~, II t ~, (~, ,:,." l. . . . J'.', I I , ( "1 \' 1 1" . \ ~ I I,' '.... ' , .. ,~~.1 i.' ,~.., .-,', " \"\. ,.. "'I'd' 7.. . ," , . :1~. - ""fJ .,..', ',,,/.','; d' 't..I~'J~. t:'.. ;~,?" ' . .' .t"..,. , , , ~V~.;'/.: .' , \dl.~: " " , "'.,1 :."K:r.,:';: " " ,. .1' " .. ."",,'., , , "i,1h< " ',:0 " , , ,) , '. "}~'" <.<,.'. \.,;j.. : \',';\n!~~..: .,r:' ~:"~ .. li' : }\~~~(:. , , " : .' 8\~~;';' ., '. '~"~~ ,"f.:r;t{i..;' . ,,:1., .'( ~,i: . ,~,98A9:1 It-zw ~lc 178 May 22, 2007 Page 43 of 89 THENCE along the easterly lines of said paroel, the following Three (3) ooursesl 1. 2, South 01-08'3011 East, 4936.80 feet to a pointt along a curve, oonoave to the west, whose elememts are: central angle of 06-06'3511, radius of 3787.51 feet, arc length 403. as and a chord that bears South 01' 54' 4711 West, 403.69 feet to a point; South 04-58105" west, 91.BO feet to a point intersecting the southerly line of said seotion 28; 3. .0 ;:-;'1 ill o o ;:.>", 27 and the 00.55 feet . TIlENCE along the southerly line of said Seotion southerly line. of said paroel, South 8S-l6'0711 West, to a point; THENCE along the westerly lines of saId parcel the following Three (3) oourses: 1. 2. North 04.58105" East, 101.20 .feet to a point! along a curve, conoave to the waElt, whose elements are: oentral angle of 00-06'35", radius of 3707.51 feet, arc length of 395.35 feet and a chord that bears North 01'54'47"-u East, 395.16 feet to a point1 ~. North 01-08'30" West, 4936.75 feet to the "POINT OF~ BEGINNING". 3. . ~e.O!dt'i l'Inr1 V~I\~ip.1 lr. Olhe-la' RII'I:~dfLOR10A. CO\..L\~J~. r;.o\JG~l$' CLERl{ J^MF........., 1 ' ;~ih;" ", .'~.i~'.:'t ~~,:',.'>T~.. 1.!P~i"I'f. . '.' 1"'1v, :'.:,.. I ,',A' /" ''/.'' ,,', i, ,l.\'t "',' f.,. ,," 'I t . . , ", '~, 't \" , ,.' "r~"l, i'~ I' _,1, ,.', ",~;ilf i"~<:. ,s: '~l> ""~~" <' ), 'r ~'Il "'. , .,l ',^-"" !~~~~,:.' ; , "~: "~:;~'~~',:, ~:"rJ;:' ,,\;, 1"@1?1:~~,r ",r,; ,',:,i~t".'U,':~l. ;~,..~\".,~~~.. 'l~' ~,,1 :.' ~ ',").r~ ';~\" "\, ','. 'I.'l~ ('\~~'1li' )"" .';~'. ~.)~~:'~'\~\""" ,'.,\;' ~l~' , .. ,'''' ,e " """, j' I , :t' .' . . il tl.t;, i"'~~'!'1 '~iI:,\' ,', '''!' I , .:', ,,' ,','; :l':il,qt ,1 .~, l',l':'I~' ,'.' '1!:, " l1'''~'' '1" ,I' "'~' ';j)~ '" 'l~ ,:,:' ,\: ,,1,! r;, '.' 1;. 1'~' '~, " !.,; ~ .1 '\~~t~ "1". . ,:.' ".~,r: &il'~" \' '~i ' ,. ,j, 'l " ' . ,I '-if , !". ; ,: 'iJ~i ~""";' '..' }'li".. . ,l, #., .. 1~I'i~\ "t, . ';-'/: ' '::,!;f1l,{1,.. ".:~!.~\i,'~t:.~\~", ,~(...t"~,~' '.:!I,1fr': "":.1 i':I"'~.~ ':""":f'~ '~'~~.",.', :ti~'.! ':, "lr::.,~ ,'i,:~;. '":,-':t',:,, "t '("':'n,:, .' "\'o( I.t:" "\-'(."""'\ '\';~f:' ~ : :,'.')~1', :~.' :~~... ~~~:.:';.';::" '\ ,;~,;~ I'.li::~t:~'"'" ,. .. .,;', .t"'I'f'I"~ .' . I. "'I ff.(t~)).f'~' .:~~ f ?..;,~ :!';t~.'''' .\ I' 1,',\ ',:,;~a" '::', 'I' ,l. t.i, ~ I r'11 ",">!i' .;l~.~~I', ' '''',Yo'' 't:;~.. "It '::,~#~ ',:,.\.~.,' 'j';~ J(1~' '~I~il:.' ~" ( '. . ~ 'll\'; ,j . .'hi'~ . , ',k'" , ,-' ,~. _~f ':r?l' """{~ . 'h~~ ".Ii, :~:j~ ,'. .' " " !1. ,:~: ,r~ ,~ {;' ~': " '. ')>, ~;' ; : I ,'~ ..':' ~:-..) <:..J1 = = .;::; = .r-- (J,') OWNERSHIP DETAIL SILVER STRAND III PARTNERSHIP GENERAL PARTNER K:atherine G Sproul, Juliet A Sproul & Jennifer S Sullivan. as Trustees for Juliet C Sproul Testamentary Trust Barron Collier III Michael Wells Gable Robert Blake Gable Citrust Phyllis G Alden Donna G Keller Lamar Gable Frances G Villere 25.0000% 25.0000% 6.2500% 6.2500% 12.5000% 12.5000% 12.5000% Agenda Item No, 178 May 22, 2007 Page 44 of 89 05/05/05 LIMITED PARTNER 0.0000% 0,0000% Division of Corporations Agenda il1agtNbot't.S May 22, 2007 Page 45 of 89 SILVER STRAND III PARTNERSHIP 2600 GOLDEN GATE PARKWAY NAPLES. FL 34105 Document Number 099294900003 Statns EXPIRED Date Filed ] 01211] 999 Expiration Date 12/3112004 Current Owners 000000005 County COLLIER Total Pages 000000002 Events Filed 000000001 FEl Number 65-0211768 View filing History Previous on List [ Return to Name List J 1 Next on List I ,_~n'__~ ~.___.___.__.._.__.._ _.. _....._.. __ ...__.._._...______.___,.._,,~. .._. ..... _..__.m__.____.,.___._.._.... _....._ .___. Owner Information I Name & Add,"e.. II FEI Number II Charter Number I SPROUL, JULIET C. TT I II I 2600 GOLDEN GATE PARKWAY NONE NONE NAPLES, FL 141 05 SPROUL, JULIET C. T I II I 2600 GOLDEN GATE PARKWAY NONE NONE NAPLES,FL34105 SPROUL, KATHERINE G, T I II I 2600 GOLDEN GATE PARKWAY NONE NONE NAPLES, FL 14105 LYNTON, HAROLD S. I II I 747 3RO A VENUE NONE NONE NEW YORK. NY 10017 COLLIER, BARRON 11I I II I 2600 GOLDEN GATE PARKWAY NONE NONE NMILES, FL :-;41 05 ,.._________. .~_._. .__.. __... __ ..,'.. . ._., ~'__.'.' .__.._..".,_.._______..____ .._h._ ._._....___... .....__..__.___._._ ._....__ "__ on. _ '. .___._._n___ Document Images Listed below are the images available for this filing. 099294900o.!lL.LOI21/1222.n REGISTRAT]ON 099)]2900045 -- 1]10811999 -- REQISTRATlON THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http:/ /www.~unbiz"org/scripts/ficidet.exe?action=D ETREG&docl1um=G99294900003 &r... 11/15/2005 Division ofeorporations Agenda IRRg~~.o1f7!l May 22, 2007 Page 46 of 89 ._~----+--_.._--~_._--..._-----._._..-_._._-_._---------- .' ..,n y^- ""v",_ '",;c,"i!'[.,;.:, t~ C'''''t'r"~r,I''''I'''''' )'.1,,1 '-I, .,. ~~"M:&"'.;:;'~~~~....-5....i>,o.:- ~ ~,;,:<. http:/ /www.sunbiz,org/scripts/ficidet.exe?action=DETREG&docnum=G99294900003&r,.. 11/1 5/2005 ".- Agenda Item No. 178 May 22, 2007 CU_2-006-AR-9458 Page 47 of 89 PROJECT #2006030059 DATE: 4/17/06 llEIDI WILLIAMS " AFFIDAVIT We/I, Silver Strand III Partnershio being firs! duly sworn, depose and say that we/I am/are the owners of the properly described herein and which is the subject matter of the proposed hearing; that all the answers to the quesHons in this application, including the disclosure of interes' information, all sketches, data, and other supplementary matler 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 shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Georae L. Varnadoe. Esa & Fred Reischl. AICP our/my representative in any matters regarding this Petition. to oct as Signature of Property Owner d.( of Property Owner J! Typed or Printed Name of Owner "+tc v. \ ..), {'11M! ,V' \ \ ; Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this J..)irJ day of r1ictrch :J \ ^ I ' 'In" .~. l'\'\.l\(o\e.1 I . 20~ by who is personally known te;> me or has produced as identification. ~./12~ ( i'/J/}-v //: / (;J'-t., er}___ State of Florida County of Coliier (Signature of Notary Public - State of Florida) ~tD""~ KIM 0, DAVIDSON {., ;' MY COMMISSION IOU 512488 'Z' . EXPIRES, F'brna~ 'e 2010 "','''~ . BoncItdTllru"otaryl'l~.)lI':U.'(JAi/~' KIM D. DAVIDSON (Print, Type, or Stomp Commissioned Name of Notary Public) APPLICATION FOR. PUBLIC HEMUNG FOR CQNDJTlONA[ USE - 4/14/03, mv 5/'10/2005 . . KEY: Option 1 = Corporation Option 2 = Limited liability Company Option 3 = General Partnership, Limited Partnership or Limited liability Partnership CAVEAT: This document contemplates unanimous consent and with respect to Limited Partnerships contemplates signature by all limited and general partners. Agenda Item No, 178 May 22, 2007 Page 48 of 89 ACTION BY UNANIMOUS CONSENT AND DESIGNATION OF AUTHORITY OF SILVER STRAND III PARTNERSHIP a Florida General Partnership (the "Organization") The undersigned, presently being all of the Partners of the Organization who would be entitled to vote upon the actions hereinafter set forth at a formal meeting of the Partners, do hereby consent to the following actions to the same extent, and to have the same force and effect as if adopted at a formal meeting of the Partners of said Organization: 1. Paul J. Marinelli is hereby designated as chief executive officer of the Organization ("Chief Executive Officer" or "CEO"). The CEO shall serve the Organization at will until his death. resignation or removal from office. The CEO may be removed from office by a vote of a majority in interest of the General Partners. 2. The CEO shall have responsibility and authority for the management of all of the operations of the Organization, InclUding, but not limited to, the follOWing: (a) procure and maintain with responsible companies such Insurance as may be advisable In such amounts and covering such risks as appropriate; (b) take and hold any assets of the Organization in the Organization name, or in the name of a nominee of the Organization; (c) borrow or lend money on behalf of the Organization; (d) execute any mortgage, bond, lease. deed or contract on behalf of the Organization; (e) assign, transfer, or pledge any debts due the Organization or release any debts due. except on payment in full; (f) compromise any claim due the Organization, or submit to arbitration, mediation or litigation any dispute or controversy inVOlving the Organization; " (g) execute and deliver on behalf of and in the name of the Organization, or in the name of a nominee of the Organization. all (h) (l) (j) (k) Agenda Item No. 178 May 22, 2007 Page 49 of 89 instruments necessary or incidental to the conduct of the Organization's business; sell, contract to sell, lease, trade, exchange, convey, convey via warranty deed, special warranty deed, quit claim deed, bill of sale with or without warranties or other through other forms of conveyance, quitclaim, surrender, release, abandon, or otherwise dispose of, mortgage, lien, or otherwise encumber, upon terms and conditions which the CEO may negotiate and deem appropriate, any and all personal property, and any and all real property of the Organization, whether now owned or after acquired; execute and deliver documents and Instruments on behalf of the Organization in connection with the acquisition, disposition or encumbrance of its assets, and to execute, terminate, modify, enforce, continue or otherwise deal with any Organizational indebtedness and security interests, to sell Organization assets, and to take any other action with respect to agreements made between the Organization and any other party including, but not limited to, any lender or any affiliate thereof; open, close, transfer or otherwise deal with any Organization bank or depository accounts in which all Organization funds or assets may be deposited and from which payments on behalfof the Organization shall be made; or invest, reinvest, or otherwise deal with Organization funds and working capital reserves. 3.. The execution by the CEO of any documents or instruments authorized by the foregoing resolution or any document or instrument executed in the accomplishment of any action or actions authorized or the execution of any amendment or modification of any such document or Instrument shall be deemed to be conclusive approval thereof by this Organization and the binding act and obligation of this Organization. Provided, however, with respect to items 2(h) and 2(i) above, the CEO shall be joined by one General Partner. This Designation of Authority shall be Interpreted to allow the CEO to do or refrain from any act as if the action or inaction was specifically approved unanimously by the Partners and shall remain in full force and effect until revoked In writing as set forth above. Any party dealing with the CEO, unless they have received actual notice of revocation, may act with reliance upon the authority granted to the CEO in this Designation of Authority and the undersigned hereby confirm and ratify all such acts, A party dealing with the CEO may, but need not, require that the CEO execute an affidavit stating that there has been no revocation, partial or complete termination, amendment to or suspension of this Designation of Authority. Absent actual notice of revocation, a 2 Agenda Item No. 178 May 22, 2007 Page 50 of 89 party may rely on said affidavit as to the CEO's authority to bind the Organization In all matters, This Consent Action/Designation of Authority may be executed in .any number of counterparts, each of which shall be deemed an original instrument, and said ' counterparts shall constitute but one and the same instrument which may be SUffiCiently evidenced by one counterpart. The undersigned do hereby unanimously consent and affirm thatthe actions set forth in the foregoing resoiutions shall have the same force and effect as If taken at a duly constituted meeting of the Partners oflha Organization and that this document be filed with and shall be made a part of the minutes of the Organization. Signed, Sealed and Delivered in the Presence of: J~AAt fJL~ Witness Signature Print Name50SAtJ /.... fhl110M w~b;~P ,!}:~ Print Name I:?ol.yu. S>4A,0 STATE OF FLORIDA COUNTY OF COi..L/ I;;:;L THE FOREGOING INSTRUMENT was acknowledged before me this g';'1J day of nil':) I!:!! !-/ ,2004, by 1~f}THE'-If.iJ..iE. a S/"tt.CUL ,who Is personally known to me or who have produced as identification. /h./.f!~u ~ 7 4/JLM_t~ Notary Public D/I-/},...JE L. 1// b~ JE/{'~I (Type/Print Name of Notary) My Commission Expires: ') ) /:3 J-:i..()()I/ Commission No. {!.(!C)S2/'7/!:, DIANE l. VIGNERl IJ(,)'rAlWPUDLlC . STATE OF FLORIDA COMMISSION Ii CC054716 EXPIRfS 7/1312004 IWNOijQ THRU ASA 1-8BS.t'!OTARY1 3 Agenda Item No. 178 May 22, 2007 Page 51 of 89 Signed, Sealed and Delivered in the Presence of: ~}t~ Witness Signature Print Name ScJG,w L. tnf1iJf!.1J ~ a./J1<cw- Witness Si ature Print Name C4-Je,D L-)I j/ A . 5;/-1 W STATE OF FLORIDA COUNTY OF (!OUllCjL J iet A. Sproul as Tru ee f r the Juliet C. Sproul Testmentary Trust, A General Partner THE FOREGOING INSTRUMENT was acknowledged before me this of rJlfULf!.N ,2004,by .J7)t.lk:il). S{'rZCiVL- personally known to me or who have produced as laentlfication. <J'.j/J day . who is c . '- M.liU./ '0(. r kl!'1'7-LN--' Notary Public I I:JI):}/../E:; {... I/lbA./&t~.1 (Type/Print Name of Notary) My Commission Expires: 'J )1'3/2 ()O'-/ Commission No. ec- C;f,7/?/fC, DIANE L, VIGNERI t"OTARY PUBLlC..STATE OF FL.ORIDA COMMISSKlN II cceS4716 El<PIRES 7'1312004 RON DEO-'IlIRUASA 1.{18B~OjMY1 4 Agenda Item No. 178 May 22, 2007 Page 52 of 89 Signed, Sealed and Deiivered in the Presence of: J) 41t~ ,cf f/u;tM}) Witness Signature Print Name s.v~fltJ /...., rnflTU!2-b c:1~a.41~ Witness 81 ature Print Name UltuLyV A. SHI/W . nlfer Sullivan as Trustee or the JuJietC. Sproul Testamentary Trust, A General Partner STATE OF FLORIDA COUNTY OF {iuLL/DL THE FOREGOING INSTRUMENT was acknowledged before me this of m;9I1.CIf ,2004, by JEI,),)..J//:::r:X... .s', :Y.JI...L./ tJAJJ personally known to me or who have produced ' as identification. 2'.,tl, day ,who is A9/!AL, :r ! k<Y2e.L~.. Notary Public . II 1J/11-/../1:: L. I//tbtUEI.!.,;' (Type/Print Name of Notary) My Commission Expires: 1 J/ :3);< t!{) () Commission No, (Ie 95ZFJJ 0 DIANE L. VIGNERI NorM'r' puaL.lc. STATE OF FlOl'l.lDA COMMISSION # CC954716 EXPIRES '[/1312004 l10NDED THRU ASA 1..ooB.rWTARY1 5 Agenda Item No. 178 May 22, 2007 Page 53 of 89 Signed. Sealed and Delivered in the Presence of: J~crf~ Witness Signature P"cr~1 ~;;::: Witness Sig ~tJJre Print Name CAt.C>i.-yiJ 11. f;tiALJ STATE OF FLORIDA COUNTY OF (,!OL.t...!/G/L. THE FOREGOING INSTRUMENT was acknowledged before me this of I?J,:J /U J-I ,2004, by /31Ji!./!..{))) (J, COdl C"IL 11/ personally known to me. or who have produced . as identification. ~&...,.,...." r;., ~~. //1 Barron G. Collier III A General Partner g#J day ,who is /&tld.~~ ~~rU'/.L. Notary Public , . . LJII9,uE. t.. VI0IJEX.../ (Type/Print Name of Notary) My Commission Expires: I"';JI3)2iXY-/ Commission No. (!J! C; S-Z; )} / b DIANE L, VIGNERI NOTARV PUBLIC. STATS OF FLORICA COMMISSION M CC9&4716 El<P1R€S Ut312(J()ll 13.0UDEO lliRUASA 1..aa~OTARY1 6 Agenda Item No. 178 May 22, 2007 Page 54 of 89 Signed, Sealed and Delivered in the Presence of: JJJ4fiM I!~ Witness SignatUAiJ II-.-' Print Name$t.JS' t-, frlrmJ#O ~~ 4- M~ Witness Sign ture A " I Print Name C.A l()L Y JJ ,SIfAW { /!J iJ /1 obert Blakeslee Gab e A General Partner STATE OF FLORIDA COUNTY OF COLLI/EL THE FOREGOING INSTRUMENT was acknowledged before me this of mKMN-/ ,2004, by f'!)f3EA:.7 /8LI~k/i:.SLE..E OJ/niLE.. personallv known to me or who have produced as identification. &/11.;/7 day ,who is /8(d!d.~" ,';{', 7kJ/IU~/c':' Notary Public . / _, 1.J//:J.iJS L. !//6JJc.K( (Type/Print Name of Notary) My Commission Expires: ~lr.3)1.(>{)L/ CommiSSl9Q No. {X.: q'ITJI)j Co DIANE L. VIGNERI NOTMY PUBLIC. STATe OF FLORIDA COMMISSION N CC954716 EXP1~ES 7/1312004 SONOED THRU AM 1-8S8-NDTAAY1 7 Agenda Item No. 178 May 22, 2007 Page 55 of 89 Signed, Sealed and Delivered in the Presence of: ~Mlorl~ Witness Sig.o,sture PC~\AJ :::::~ Witness Si ature An. - \ Print Name ~Dlf v . ~ STATE OF FLORIDA COUNTY OF C Oaf FR. M//~~ Michael Wells Gable A General Partner THE FOREGOING INSTRUMENT was acknowledged before me this of mtj,{'(!H ,2004, by I??/ClMEL "'JELLS (},146LE... . personally known to me or who have produced as identification. "8"/'1-; day . who is ;(9a~~, y tC.fu~L Notary Public /2/ ;:))JE- L, !/Ie;, uEL./ . (Type/Print Name of Notary) , My Commission Expires: "7/13/7. D{)I/ Commission No. {I(!. 99/ '7J r. DIANE L. VIGNE:RI NOTMY PUDt.IC ~ STATE OF FLORIOA COMM1SSIONt CCg54716 E.XPfRES 111312004 UONOED'THRU ASA 1.8B6-NOTARY1 8 Agenda Item No. 178 May 22, 2007 Page 56 of 89 Signed, Sealed and Delivered -----.---- in the presenc:e of: -- - .0.- - '- . Witness SI n Print Name 1!l JJJ Ph IIis G. Alden A General Partner Witness Signature ..' PnntName ~OLYY A. , STATE OF FLORIDA COUNTY OF (lOLL! ElL.. THE FOREGOING INSTRUMENT was acknowledged before me this Sop) day of /J1J.)./U:H ,2004, by PJ.lYLLI S (f,'. /9 i. iJ J7:AJ , who is..psrsonallv kQQwn.tp_me. or who have produced as identification. l I l=., tJLi.C, )<;', r1~r:6~?t- .~..._._,--_..._- I Notary Public L /)/4,(,)1.:: L. j,,7;?;.vD-:., --._~ "._-.=-] M ~=::=-~ ~==:~=1L;---==1 DIANE L VIGNERI NOTARV PllBUC. STATE Or FLORiDA C'JMMISSION#CCS54716 EXPIRES 111312000l 1I0NDED THRU ASA 1-aO~OTAAYl 9 Agenda Item No. 178 May 22, 2007 Page 57 of 89 -- Signed, Sealed and Delivered in the Presence of: ~:-J.fJL~ Witness Signature Print Name SVSItAl J. ./Yf1l1I1M c1~ C. /!J1ltw- Witness Slg (qture PTint Name Uf!.ou,-;J ;4-. S~ STATE OF FLORIDA COUNTY OF C.OLL.IJ:':iL OUv~(Q ~ \u JiuA- Donna G. Kell A General Partner THE FOREGOING INSTRUMENT was acknowledged before me this of rn KJ it C;-I . 2004, by DOl..)ol9 (;, /<!.ELL DL personally known to me OT who have produced as identification, f?<f/? day ,who is ;9; ~._~ 7' ~,fJL.LM.- Notary Public . U/t:J.OE. L.. Ub/V€.L-I (Type/Print Name of Notary) My Commission Expires: ') )J3)J.Dlt! Commission . No. (1(7 Cf,P.( r)) b DIANE L. VIGNERJ NOTAltV PUBliC. STA1E OF FLORIOA COMMt5510Nj CC954?16 EXPIRES7ll~ eONOEO THRU ASA '<lll8{lOTARYl 10 Agenda liem No, 178 I\~ay 22, 2007 Page 58 of 89 Signed, Sealed and Delivered in the Presence of: CITRUST A General Partner ~J<,~ Witness Signature Print Name SlJ.5iW /.-. fn.A1'cJl-O ~ C. ~cu-r Witness Sig' ature Print Name G4tOLYiJ fl. S?:4AJ.J STATE OF FLORIDA COUNTY OF (lOLL I tlL THE FOREGOING INSTRUMENT was acknowledged before. me this g./t) day of !?7tJfU!.H ,2004. by CllltlSTZJfJHEiL o. 1I/f...L-E/LE., who is personally known to me or who have produced as identification. Ji . LP 1,.. ~ ., Il';://'/V).../!.., /1 . C/t./fr:lLi-C Notary Public (/ . ;J/Nt./.c.. [_ ~//d:>^,/6i'4 (Type/Print Name of Notary) My Commission Expires: r) 113/::< o(.~/ Commission,! ,-} Z"--- No. LC -( .)21 7/ {, DIANE L. VIGNERI NOrARY PUBLIC. SlATE OF FLORIDA COMMISSION ~ CCGSo\716 EXP.lIl[;S7/13/2'004 BONDED THRU ABA 1-&l8{tOTARY1 11 Agenda Item No. 178 May 22, 2007 Page 59 of. 89 Signed. Sealed and Delivered in the Presence of: CITRUST A General Partner Witness Signature Print Name By: Lamar G. Villere Witness Signature Print Name STATE OF FLORIDA COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this of ,2004,by personally known to me or who have produced as identification. day ,whols Notary Public (Type/Print Name of Notary) My Commission Expires: Commission No. 12 Agenda Item No. 178 May 22, 2007 Page 60 of 89 Signed, Sealed and Delivered in the Presence of: CITRUST A General Partner ~A{/c1? /)(~~ Witness Signaturt J I Print Name SuStm. l.::' /l/fI/J to wQ~u~' ffi{~ Print Name (!Ad.oe.,rV A, s',J.,LAtJ STATE OF FLORIDA COUNTY OF COU r ElL. THE FOREGOING INSTRUMENT was acknowledged before me this ?}-!t; day of 117/:) 1'2C H , 2004, by /1}J'JT1-Jrl-OC- VrLl-J?Xi[, CU;:!JZIC,/xE, who is .Rersonally known to me or who have produced as identification. ,)JJJ ~JLL. By: Mathilde ViIlere ~, -. IY' . ~ if ' ILd/fi.Ll'.- . , ./t'.j~:ILU.L Notary Public :- O/IlIJE. L ";I,f~,<./E/t'. (Type/Print Name of Notary) My Commission Expires: 7)/3/200tj Commission , No. {! C 9s7/ 'I; ~. DIANE L. VIGNERI NOTARY PUBLIC. STATE OF FLORltJA COMMISSION '# C09$4716 EXPlRES 7llJJ2004 UONDEO fHRUASA1..aBe.NOTARY1 13 cor-en r-O<O ~O_ ..~o ~ J'" E >><D <DroOl =:;;8: ro 'D c <D Ol <( z o w- !:::!< ",0 9 c i ~ .; . o ~ , .; &+iI - 'If:' CV~ :E1Y>IOl'lNI~d'l'N c X . .; ~ . . \ \ \ i\ \ c X . .; ~~- I ____ - ... " ~ ~ ~ ~ ~ N / ~ ~ - " - . .., " w "/ ~ . ~ ...I~ + ~ . ~ <C " r ::.:: ~ ~ .' I ;r " ~ . " Z ~ . ::iE~ "" ~ ~ . " 61;'(110 -j 0 Q . tiZ ~ ~ N N ~ . WQ ~ ,'< 00 IrO n..... ~ ~ . ~ ~ 0 ~ Iii . ~ . ~ of . '" " /~ ~ ~ . ~ - ~ ~ N ~ J..,-." (~I '------- " ~ " ~ r ) " ~ N ~ / 1 '\ 0( a.. <( :2: (!) z z o N '" '" .... '" cr <( , '" o o '" , :::> u .. z o l- I- W 0. a.. <( :2: z o I- <( () o .....I Agenda Item No, 178 May 22, 2007 Page 62 of 89 Agenda Item No. 178 May 22, 2007 Page 63 of 89 Agenda Item No. 178 May 22, 2007 Page 64 of 89 Agenda Item No. 17B May 22, 2007 Page 65 of 89 ,,. 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I J 1 Agenda Item No. 178 May 22, 2007 Page 75 of 89 RESOLUTION NO, 07-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABUSHMENT OF A CONDITIONAL USE FOR A CONCRETE PLANT AT SILVER STRAND IN THE RURAL AGRICULTURAL-MOBILE HOME OVERLAY (A-MHO) ZONING DISTRICT PURSUANT TO SECTION 2.0~.03, TABLE 2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION IS, TOWNSHIP 47 SOUTH, RANGE 29 EAST, IMMOKALEE, COU,IER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-12~6, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County tbe power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations fOf the zoning of particular geographic divisions of the County. among which is tlle granting of conditional uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the: area hereby affected, has held a public bearing after notice as in said regulations made and provided, and bas considered the advisability of a conditional use for a concrete plant at Silver Strand in tlle Rural Agricl1ltural~Mobile Home Overlay (A.MHO) Zoning District pursuant to Section 2.04.03, Table 2 of the Collier County Lund Development Code 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 aU applicable matters required by said regulations and in accordance wilb Subsection 10.08.00.D. of the Lund Development CorJe; and WHEREAS. all interested parties have bljell given opportunity to be heard by [his Board in n public meeting assembled and the Board having considered all mallers presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The petition filed by Fred Reischl, AICP, of Agnoll, Barber & Brnndage and George L. Varnadoe, Esq.. of Cheffy Pnssidomo Wilson, & Johnson, LLP, representing Silver Strand III Partnership with respect to tbe property hereinafter described in Exhibit "B,'I attached hereto aud incorporated herein by reference, he and the samc is hereby approved for a conditional use for a concrete plant at Silver Strand in the Rural Agricultural-Mobile Home Overlay (A-MHO) Zoning District in accordance with the COllceptual Master Plan (Exhibit lie") and subject to the conditions set [or1h in Exhibit liD," attached hereto and incorporated herein by reference. Page I of2 Agenda Item No, 178 May 22, 2007 Page 76 of 89 BE IT FURTHER RESOLVED that this Resolution he recorded in the minutes of tltis Bm:lrd, Tills Resolution auoplcd after mOlion, second and super-majority vote this day of ,2007, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, CHAIRMAN , DEPUTY CLERK A 1'0 rm and Ie I., . lef Y A. zkow Mal gingA' stunt COUllty Attorney CU.2006-A R.<)4.~RlMD/sp Page 2 of2 Agenda Item No. 17B May 22, 2007 Page 77 of 89 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ( CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development eode authorized the conditional use. 2. Granting the eonditional use will not advcrsely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. eonsistency with the Land Development Code and Growth Management Plan: Yes /' No B. Ingress and egress to property and proposed structures thereon with pmiicular reference to automotive and pedestrian safety and convenience, traffic flow and control, mld access in case of fire or catastrophe: ( Adequate ingress & egress Yes ~ No C, Affects neighboring propeliies in relation to noise, glare, economic or odor effects: No affect 01' ,,/Affect mitigated by b,\;\.;'o, ~) _ Affect cannot be mitigated ( . i t' \-. _~' \ .;. '{J,/~ C"L D. eompatibility with adj acent properties and other propeliy in the disu'ict: Compatible use within district Yes-,~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommcnded for approval to the Board of Zoning Appeals. ,! .i' /1/ DATE: LI- ') .07 eI-IAIR11AN:-i1J.v\r:-::= EXHIBIT A Agenda Item No, 178 May 22, 2007 Page 78 of 89 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ( , CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized thc 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,K No_ B. Ingress and egress to property and proposed sll"Uctures thercon with particular reference to automotive and pedestrian safety and convcnience, traffic flow and control, and access in case of fIre or catastrophe: ( Adequate ingress & egrcss Yes K No e. Affects neighboring properties in relation to noise, glare, economic or odor effects: po affect or _ Affect mitigated by _" _ Affect cannot be mitigated D. eompatibility with adj acent propcrties and other property in the district: eOlllpatiblc use within district Yes k No Based on 111e above findings, this conditional use should, with stipulations, (copy attached) be rccolllmended for approval to the Board of Zoning Appcals. ------- DATE:~S>J7 1;rf;~I\~ ~ ~ I' EXHIBIT A Agenda Item No, 178 May 22, 2007 Page 79 of 89 ( FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU~2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development eode authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other propelty 01' uses in the same district or neighborhood because of: A. eonsistency 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: \, Adequatc ingress & egress Yes l.---' No e. Affects neighboring propcrties in relation to noise, glare, economic or odor effects: Noaffect or _Affectmitigatedby G~'~ ~_ _ Affect calUlot be mitigated D. eompatibility with adjacent propelties and other propelty in 1he district: eompatible use witllin district Yes~No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE:~_ MEMBER: ~--~......... EXHIBIT A Agenda Item No, 178 May 22, 2007 Page 80 of 89 ( FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2006-AR-9458 The following facts are found: I. Section 2,04,03, Table 2 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 tlle same district or neighborhood because of: A. eonsistency with the Land Developmcnt Code and Growth Management Plan: Yes_V No B. Ingress and egress to propcrty 8l1d proposed structurcs thereon with particulal" reference to automotive and pedestrian safety and conveniencc, tTaffic flow and control, and access in case offire or catastrophe: Adequatc ingress & egress Yes_ vi No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ V No affect or __ Alfeet mitigated by _,__._ __ A ffect cannot be mitigated D. Compatibility with adjacent propelties and othcr property in the district: Compatible use within district Yes oj No Rased on the above findings, this conditional use should, with stipula1ions, (copy attached) be recommended for approval to the Board of Zoning Appeals, DATE: f~ F-e) I MEMBER: Jr-zbfli EXHIBIT A Agenda Item No. 178 May 22, 2007 Page 81 of 89 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development eode 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 eode and Growth Management Plan: yes/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No e. Affects neighboring properties in relation to noise, glarc, economic or odor effccts: v/ No affect 0\' __ Affect mitigated by _ _ Affect cannot be mitigated D. eompatibility with adjacent properties and other property in the district: eompatible use within district Yes (,/ No DATE: 31th MEMBER: Based on the above findings, this conditional use should, with 'tipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. EXHIBIT A ,^" ,,~,"""- Agenda Item No. 178 May 22, 2007 Page 82 of 89 ( FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION )1'OR A CONDITIONAL USE PETITION CU-2006-AR-9458 The following facts are found: 1. Section 2,04.03, Table 2 of the Land Development eo de authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect othel' property or uses in the same district or neighborhood because of: eonsistency with t1~d Development eode and Growth Management Plan: YesZ::~'~ A, 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 i ' case of fire or catastrophe: Adequate ingress Yes No C, lboring properties in relation to noise, glare, economic or odor No affect or , Affect mitigated by __._ Affcct cannot be mitigatcd D. comp'''biU~_w'7"",m' ~.p"ti" ~d olli" pm!"rty ;p tlw d;"d" Compatible 7t::~ district Yes_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommcnded for approval to the Board of Zoning Appeals. \, DA TE: 1:..2 ,- 0 1 MEMBER: EXHIBIT A Agenda Item No. 178 May 22, 2007 Page 83 of 89 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2006-AR-9458 The following facts are found: 1. Section 2.04,03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and wiIl not adversely affect othcl' propelty or uses in the same district or neighborhood because of: A. eonsistency with the Land Development eode and Growth Management Plan: I / Yes 1/ 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 .j Yes ~ No e. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or __Affect mitigated by _. _ Affect calUlOt be mitigated D, eompatibility with adjacent propelties and other property in the district: eompatible use within district / Yes_"_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: 1/.:5/0/ , / MEMBER: ~.~Ll?Jl f(..(7rL>t'( (?i'rt' (~ EXHIBIT A Agenda Item No. 178 May 22, 2007 Page 84 of 89 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMlSSION FOR A CONDITIONAL USE PETITION CU-2006-AR-9458 The following facts are found: l. Section 2.04.03, Table 2 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 propelty or uses in the same district 01' neighborhood because of: A. eonsistency with the Land Development eode and Growth Management Plan: Yes_L No_ B. Ingress and egress to property and proposed sU'uctures thereon with particular reference to automotive and pedesu.ian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ( Adequate ingre~s & cgress Ycs v' No ~i~'J e. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No a,ffect or _ Affect mitigated by VX u.jtl A~: dfJ1~ _, _ Allect camlOt be mitigated ~ D. eompatibility with adjacent properties and other property in the district: eompatible use within district Yes / No Based on the above findings, this conditional use should, wit recommende 1'0. approval to the Board of Zoning Appcals. DATE: ~:/ D MEMBER: EXHIBIT A Agenda Item No. 178 May 22, 2007 Page 85 of 89 BATCH PLANT LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DnSCRJBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE SOUTH 00004'34" EAST ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SA1D SECTION l5 A DISTANCE OF 1345.56 FEEr; THENCE LEAVING SAID LINE NORTH 89017'51" EAST A DISTANCE OF 150.01 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE DESCRIBED IN OFFICIAL RECORDS BOOK 3802 PAGES 2557 THROUGH 2591 PUBLIC RECORDS OF COLLIER COUNTY FLOR1DA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING lJESCRlBED; THENCE NORTH 89017'51" EAST ALONG A LINE 30,00 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF t203.97 FEET; THENCE LEAVING SAID LINE SOUTH 00'07'30" EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OP 900,05 FEET; THENCE LEAVING SAID LINE SOUTH 89017'5]" WEST ALONG A LINE 900.00 FEEr SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 615.03 FEET; THENCE LEAVING SAID LINE NORTH 00'07'30" WEST ALONG A LINE 615.00 FEET WESTERLY FROM AND PARALLEL WITH THE AFORESAID EAST LINE A DISTANCE OF 750.04 FEET; THENCE LEAVING SAID LlNE SOUTH 89017'51" WEST ALONG A LINE 150,00 PEET SOUTHERLY FROM AND PARALLEL WITH THE APORESAID NORTH LINE A DISTANCE OF 589.06 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE LEAVING SAID LINE NORTH 00004'34" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 150m FEEr TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRJBED; CONTAINING 14.74 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. AGNOLI, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS .;$$,""1" G~ORGE W.~, ~ -/ .~.,.. ',-. .. ,/.., -..., . ....:.".. " .' "':':.. , '~i9NTAiw.iNG, 14.74 ;,diES OF LAND MORE OR LESS; 'stJB,TECT~l~O'RASEM!>NTS-AND RESTRICTIONS OF RECORD; , '," :-A~S~1;RAcr NO:ptE~i!;!WEr5. ,.,.,-,<;~\ ~:~-'I'" :-"~-'." ::'.".. REW:A.Bi3 DWG iI.9327'BS-3IJAN07 , ;,e:~':"- <-:~~". ,-"", .~-~~ :~.~;~\. ,.,' ".;,'" P.S.M.5606 EXHIBIT B alc--m r--oro ~O~ .N 0 o '0 Z2=jC~ O;:::>Cl.J CD ro' en ==':2d:: ro ';:2 iD en <( roftf,,f'SiJ'dVN ^ Vh\)Il[Yd iLLVO I-C:!U"IOO 009Z dllISll!lN.Ll1"..millffillSl;:!A'lIS ! 1 ; " ~ ~ " " ~ ~ ~ " ~ 0 ~ c ~~ ~ 0 ~ , ~A 0 ~5 , " 0 . <2 & ~ ~ ~ ~ ~ w w ~ ~ . ~ 0 ~~ z_ ~~ m oz ~@ 5 ~E g~ " ~ ~~ ~ ~ -." ,~ ~~o O~ ~ < ~ < < !J < - < 00 z ~. " 0 .l:l 'Z ~ r. :'i~~ . < U '~o [58 ~ 'c@ ~E "' 0 ~t;;< "0 en ;) J,I8IHX:3: Nvlu "U3~SVW 1Vn.t,l'iIJNO:J ; f n ~ ~ I :.n in ill! l! lNY1<.lllimT:JN:OJ l]IflV){OWWl , It ~, --~ g . -, ~ 1,q~H ~ 1 ~, i w ~ffi ;"uu.. -~~ ~ 3ijl - l W .....-..J..-..-. -"-"-"-"ii1 ~'" '1"\------ -------r-~---------..-il: t~~ , ,--- -----.------------, :1:\00 ," ~ ' ---j1;......J I:: llJ 0::: : II ,-..-,1-- I tu ::> ~ ' I 'J.J .J I 0::: t- _ I I: i\ ffi IH-: lJ ~ t3 : :1 ~~tt :~". I Z lL.. <( \__t:..J!!' I- z," I' \ 0 :::J u.. I g I" g...J :s I I 0 Z I ,.... \ IL~ :1 I <l I I. <0 i:- f I ~ I I,.j wi!) III L____ ---------" ________J :1 ~ ~ "I j" <<: I _ _______/ ~~ ~i-'" . ~ Ii' ~ : '~t ~(!) ~ ~ ~ ~ ~ , 8 - z Z 1Il 'r--'f- <z 5 \ I ..... (;jtlJ ~I ~ 0:: I' :il a:: ~,~Wl._ >~ . Jl ~'~~ I------~ ~ ~ ~ ~~ _/_j' ~IA .... ~ itA I ~.m"~"-'mi!!!i<!h/_=~~~ - .. I ~ .~ tV . ~~ -, ~12~=1;\0-:a-~2'!.S: '" ~ avOil g31V){OWWI t '~1 V Agenda Item No. 178 May 22, 2007 Page 87 of 89 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: I. The eonditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant eonceptual Master Plan," prepared by Agnoli, Barber & Brundage, Ine, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final dcsign must be in compliance with all applicable federal, state and county laws and regulations, The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvcmcnts authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, 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 ehapter 10.02.03 of the eollier County Land Devclopment Code, Ordinance 04- 4\, as amended, relating to Site Development Plan (SOP) review and approval, 3, Principal access to the project site shall be from eR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan. 5. The height ofraw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7. The minimum setback from lffimokalee Road (eR 846) shall be 150-feet for operational facilities and 75-feet for supporting administrative offices and associated parking. 8. An eight-foot height wall shall be located along the northern, southern, and western boundaries of the "eoncretc Manufacturing Facility," landscaping planted on the outside of these walls. 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier eounty. CONDITIONS OF APPROVAL EXHIBIT D Page 1 of2 Agenda Item No. 178 May 22, 2007 Page 88 of 89 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 10. The project shall provide an annual monitoring rcport of traffic and road conditions immediately adjacent to the projcct. The project must donate all necessary right-of-way for the construction of turn, and acceleration lanes, and the future expansion of the adjacent roadway at the time of the next Development Order. The applicant shall be responsible for the costs of constructing the entrance, turning lanes, and a minimum l4l0-foot south bound accclcration lanc or other roadway improvements that is detcrmined by the eounty Transportation Plmming Services Deparhncnt. As related to this Conditional Use application, the applicant shall not be responsible for further pavement widening requirements after Immokalcc Road (CR-846) is improved to a four lane minor arterial road by Collier eounty. CONOITlONS OF APPROY AL EXHII3IT D Page 2 of2 Agenda Item No, 178 May 22, 2007 Page 89 of 89 EllWARIl K. CHEFFY !lOAAD CEfmRED av... TRIAL ATttlANEY BQI.RO CEFmPfB) IU8INES$ \1f1Wi1'l)N "1TOANEY JOHN M. PASSIDOMO 8CWI) CER11FIED REAl ESTATE ATTOANEY GEORGE A. WIUlON BOlW) Ol;RTFJED WILlS. TRUST8 & ESrA.TEB AT10RNEY F. EOWOoRD JOHNSON BOMD CERTlREOW1LL8. TRUSTS & ESTATES AllOANEY JOHN D. KEHOE BOARD ceRJlREtI CML TRlAL.ATTORNEY LOUIS D.D'AQOSlINO 90AAD CERTRO APPEUATE PR,ICIlCE ATTORNEY JEFF M. NlMoTf DAVID A. ZULIAN KEVIN A. DEK11 Via Email and Regular Mail CHEFFY PASSlDOMO WILSON & JOHNSON .ATroRNIlYlI AT LAW, UP 821 FIFTH AVENUE SOUTH. SUITE 201 NAPlES. FLORIDA 34102 TELEPHONE: (239) 281.9300 FAX: (239) 261.9782 E.MAll: CPWJOnopl_.oom April 19,2007 JEFFREY S, HOFFMAN BC>>dI:l ce:FmFJED WILLS, TRLlS'I8 & ES'P.TE8 ATTORNEV LOUIS W, CHEFFY BOAAD cemtFtED REAL ESTATE ATTORNEY USA H. IWINElT BCWtD CERTIFIED REAL ESTATE ATlOfIN!'t' ClAY C. BROOKER ANDREW H. REIIlI W1lUAM J. DEMPSEY BOAAD CERTIAED R~ ESTATE AnOFINE't STANLEY A. BUNNER, JR. MICHAEL S, GROSS ERIC T. COFFMAN JASON O. LOWE Of COUNSEL: GEORGE L VARNADOE James V. Mudd Collier County Manager 3301 East Tamiami Trail Naples, FL 341 12 Re: Rinker Concrete Manufacturing Facility at Silver Strand CU-2006-AR-9458 !- ~~. Dear Mr~ . This Jetter is to request that Petition CU-2006-AR-9458, concerning the conditional use for the Concrete Manufacturing Facility at Silver Strand for Silver Strand III Partnership, be continued from the scheduled May 8, 2007 hearing date to May 22, 2007. I am the authorized agent and have the authority to make this request. Although this item was unanimously approved by the Planning Commission and would normally appear on the Summary Agenda, we have concerns with one of the stipulations from the Planning Commission. We are concerned that the stipulation requiring a southbound acceleration lane after a left turn onto Imrnokalee Road may be inappropriate and unsafe. I think the extra two weeks will allow us to discuss this matter with traffic consultants and County Transportation Staff in order to determine the advisability and safety of the acceleration lane, If there are questions, or if you have concerns regarding this letter, please do not hesitate to contact me. GLV/mlb G oe cc: Fred Reisch1 Tom Sansbury Joseph Schmitt, Administrator, Collier County Community Development & Environmental Services Norman Feder, Director, Collier County Transportation Department Michael Denmtz, Collier County Planner F:\WI)docs\U1iGL V\Barron Collier Co\Batch PIant\Corros 07\J. Mudd 4-19-07 ,doc Agenda 11em No, 17C May 22, 2007 Page 1 of 35 EXECUTIVE SUMMARY CU-2005-AR-8900, Paul and Ruth Williams, represent(,d by Richard D. Yovanovich of Goodlette, Coleman, & Johnson, P.A., requesting a Conditional Use (CU) for an existing stabling facility in the Rural Agricultural (A) Zoning District, as specified in Section 2.04.03 of the Collier County Land Development Code for property located at 256 Rose Apple Lane, in Section 23, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: That the Board of Zoning Appeals (BZA) consider the above-referenced Conditional Use (CU) application and render a decision regarding the petition's compliance with all applicable codes and regulations and to ensure that the community's interests are maintained. CONSIDERA nONS: The petitioner seeks a CU to pemlit the continued use of a pre-existing horse stable facility on the subject 3.52:l: acre site. The Land Dcvelopment Code (LDC) allows "stabling" as a permitted use in the Rural Agricultural Zoning District on a minimum of 20-acres of land. while a Conditional Use is required for properties less than 20-acres in size. Since the existing stable facility pre-dates the adoption of the LDC that requires a CU, the existing stable use is deemed to be a pre-existing nonconforming use. However, the requested petition would allow the applicant to continue the existing use in accordance with the current LDC and to eliminate the legal non- conforming use designation of the project site. The Conceptual Site Plan attached to the Staff RepOli depicts the current horsc stable facility. It should be noted that no additional structures or any expansion to the existing structures are being sought as pmi ofthis petition. FISCAL IMPACT: Approval of this CU petition will have a neutral fiscal impact on the County because building permits were already issued to allow the existing stable. The County collects impact fees before the issuance of building pemlits to help offset the impacts of each new development on public facilities. so impact fees have already been paid. Since no additional construction is proposed with this Conditional Use petition, no additional impact fees will be assessed. GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Fringe Sub-district), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, this Sub-district pennits a variety of non-residential uses such as agricultural uses, which have been interpreted to mean all the uses pennitted in the Agricultural zoning district. The proposed agricultural use may be deemed consistent with the Future Land Use Element (FLUE). -" EXECUTIVE SUMMARY AR.8900 Page 1 of 3 !\(){;n:J;] Iten! hJo, It'e -.J 22. ~~Qrj7 F':J;lP~: of :;5 AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable-Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: Environmental Review staff evaluated this petll10n and determined that there are no environmental issucs that need to be addressed at this time. ENVIRONMENT AL ADVISORY COUNCIL (EAC) RECOMMENDA T10N: The EAC did not hear this petition because an Environmental Impact Statement (EIS) was not required since the propel1y is under IO-acres in size and doesn't contain any wetland areas. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the Rose Apple Stablc CU petition during its April 19, 2007 meeting. The CCPC voted 9 to 0 to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval. Since staff has not receivcd any letters of objection. this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a Conditional Use authorizing the continued use of the existing stabling facility. A Conditional Use is a use that is permitted in a paI1icular zoning district subject to cel1ain restrict ions. Decisions regarding conditional uses are quasijudicial. and all testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. The petitioner has the burden of demonstrating that the neccssary requirements have been met. and you may qucstion the pctitioncr, or staff, to satisfy yourself that the ncccssary criteria has been satisJicd. In addition to meeting the necessary critcria, you may place such conditions and safeguards as you dcem appropriate to allow the usc, provided that thcrc is competent, substantial evidence (hat these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort. convenience, appearance, or the general welfare of thc neighborhood. As a fUl1her condition of approval of the Conditional Use, you may requirc that suitablc arcas for strcets, public rights-oj:way, schools, parks, and other public facilities be set aside, improvcd, and/or dcdicated for public use. subject to appropriate impact fee crcdits. Approval or denial of the Petition is by Resolution, with approval of the Conditional Use requiring four aflirmative votes of the Board. EXECUTIVE SUMMARY AR-8900 Page 2 of 3 Ag8nda !tern No, 17C May 22, 2007 Page 3 of 35 RECOMMENDA nON: The Zoning and Land Development Review staff recommends Petition CU-2005-AR-8900 be forwarded to the BZA with a recommendation of approval. PREPARED BY: Carolina Valera. Principal Planner Department of Zoning & Land Development Review Raymond V. Bellows, Zoning Manager Department of Zoning & Land Development Rcview EXECUTIVE SUMMARY AR-8900 Page 3 of 3 Item Number: Item Summary: Meeting Date: Page 1 of 1 AW ndH Itf,m I'JoI7C ktJV 22, 2007 P.'l~Jt' 4 of 35 COLLIER COUNTY BOARD OF COUNTY COMMtSSIONEf~S ~ ~c Ttlis Itf,m fequlrtJs that all pcmlClpantF be swam 111 and 1-+,: pcl'"te rn5cIDSU'~' L'C pruvldeu tJY :;:)Illllllssion rn[)~nbPrs CU-O')-;\R.~>J(JO RtCr"JJd 0 Y:N1HlovlcllrepresentH',; P;;u: and Ruth '.l':,'liwm ITqltf'StlrlQ appr:lvalo' a Conditional US!; :Cu, t(H an ,)xISlil'g stal)llI1g iaclld1 in If Ie i',\l"cuIH;r,li (AI zonillp ;listrlCl a~ specltifJa In ~ ec110n:: rJ402 o~ the Collier Coun:y ~Mlrj r.''2''el:Jr~T1(-'llt COnf' IIDCI 5,'::'21:00700000AM Urban D"~ign Planner 0'00 Prepared By Carol'naVatara Community Oevelopmenl & EnvironmenlnlService" 2011il1g II. Land Develapment Revww 412Eil20Cl7 !;;ClO:OJPM Approved By CllIe! Planner Dale Ray Bellows Community Ocvelopmenl & EnvlronmentllISc'vlce& Z011Hlg & L3nd D,'v..lopment Review 4124120077:51 PM Approved By A%<slant CounlyAtlonliOY 031e Jeff Klat~kow Coul1lyAtlorney County Atlornejo- Office 4071l00710:02AM lransponation Oivir.ian Admil1istrator Date Appro\'l'U B)' Norm E. Feder,AICP Trllnf>portationSllrvlces lra<1sp()rtalion Survit:f!s Admin 511.'2007848AM C~ralina Valera Urban De<,ignPI.lP1ner Date Appruved By COlllmunityDev"topment& EnviranmentalServices Zoning II. Land Development Rev'ew 5l1!200710:40/.M Date Appro\'ed By MarlN]e Swwart E)(ecu\lv~ SICCt(.t;;ry 5121.00712,15 PM Appro\'cu By C01ll'1Hmit)' O",vc'lar>IT,ent & Community Oevelopmnnl & E"v,ronmental Services EIl\'ironmC!ntal Scrv,el->~ Admin JuclyPLlig Dp<Jrilt,ol1sAnalyst Dale Community Developmen:. & Env,ranrnentalServices Cammunlty [Jevelopmrnt& Environmental Service~. Admin 512i2l1G7122Ei PM S"SD!1 MlIrpy, AICP ;'onin9 & I..and Dcvt.lolltnent Dire~lor n'lte Appru\'t'd By Communily Dev,.,lopI11el1t& [nvironrner1taIS(,rvlc,,'s ZCOlII1\! & LilnU Dv\'ctoPrllem RpVl<:w :,I:},'2Cl0711'44AM Appro\'f.'d By Jo!>upl1 K. Schmitt Community Develapment80 Environmenl"ISurvicu5 CommU'llty Development & [nvlro<lnlentaISHvICe~ Adlllinl'trator Dale Commwlil)' Devolopmenl & C'nll,ronrn""lal Serviceb Admin ,,141Z007126PM Adrnin'strat've....r,s'st"nl Date Appro\'ed By OMBCOfJrdltHlfOr Cllu"t)! Man<lger'~ O/f'ee Ollic;;ol Managfirnent& Budget 517.'20071:]4 PM Budget Analyst Dale AplHu\'ed Dy '/..nklr.aCk5on CC\Ul'1ty Marlager's Office Office of Manag<'111ent Ii. B<Jrt9ct 5110,'200711:51 AM CO,,"t\, MafWgtH Dale Appro\'ed Dy jam<J~ V, Mudd BoardofCaunty COl11m;!>!>ioners (;OlUlty M'lnJger'~ Offin) 511Z1200? 8,SZ AM ...."...." "'....""",,...' ,.."'....^"'''.... ".,,,,....,,. nr~'.--. ", .I\genda item I\Jo. 17C ~,";8Y 22. 2007 Page 5 of 35 -.,t::.,. C;(ff~r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 19, 2007 SUBJECT: PETITION CU-2005-AR-8900 (ROSE APPLE STABLE CU) PROPERTY OWNER/AGENT: OWNER: Paul and Ruth Williams 256 Rose Apple Lane Naples, FL 34114 AGENT: Richard D. Yovanovich, Esq. GoodIette, Coleman, & Johnson, P.A. 4001 N0l1h Tamiami Trail, Suite 300 Naples, FL 34103 REQUESTED ACTIO]\': The petitioner requests approval of a Conditional Use (CU) for an existing stabling facility in the Agricultural (A) zoning district, as spccified in Section 2.04.03 of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: Thc subject propcliy, consisting of 3.52ct acres, is located at 256 Rose Apple Lane, in Section 23, Township 50 South, Range 26 East, Collier County, Florida (see location map on the following page). PURPOSEIDESCRIPTION OF PROJECT: The petitioner seeks a CU to pem1it an existing horse stable facility. The LDC allows "stabling" as a permitted use in the A zoning District on a minimum of 20 acres of land, unless a CU is approved. The existing facility pre-dates the adoption of the LOC. The requested CU would allow the applicant to continue the existing use in accordance with the current LDC. The master plan dcpicts the horse stable facility as it exists today. ~o additional structures or expansions of the existing structures are being sought as part of this petition. The facility is not a riding academy and oflers stabling to the general puhlic. GU.2005-AR.8900 Page 1 of 9 < l ..l!i I' ;~ < ~! "I 011 ~ ~ i:g!, r ~ ....... "-'" '" < \\ '\ t'.~ ., ",' .". \. 1 Ill.". p.;l . '1- 1,11 III ,11 " i:.. ~ , i I I I I I I , I ti~ '..- 6~ ~ 1:9 I I I I . . 'I , ~i I .' I ;',,~I w !t~_,_ . , L. -I , .~ 11]= iL, . IIC i ~ ~~ l !! i I GU-2005-AR-8900 Page2of9 Agenda Item No, 17C r\!,ay 22, 2007 Page 6Jf 35 ""'.... rz- oj ~<i:J1l~lJ ~"o:~.;;....\\,,:,,'Y ~ " \\"'''~ /;1:2;>- ",,,\:,,'~--- , ~~~~- r~-=- /!lj;jj~~c 0' '.~~ < " / t;..~.:jt--- /$;";j'~ /lfy fej,'-"" IJ:J ~ ~ - Il...".;v....c:., ~...""".~ <" _.1 II _\\' ,y"'h.... ..,," 'I "i"'"",/ ~,'.f..-" i'-.,'j lliJ-='....:.n ""'.. ..... f' i~~~.I..f~'1f!,'. /::J::;j'./. a. I I t:.1ff::..~::t. ~ ':~.~ <( · ' II ~ I:::~f.-~jj t.~ ~ ,~~ ~::-=:' t--:?{ ::~":..I /:.?; ;~, 1,1" ff=-~ (j=1 !:::i,!:::' , u.J I r, 1::.1'-.::::1 I_j r--~ I I i I~ .-: ~ )=4 S-J- !:: ! -:{'~' . ~~~~ ~---~ en ,~. ". El f=.:1 ': II II :.....-.I~-1$-=l \~.: J 1IIIl'~~~ '~~~~~~ \ I I.....-~~.? \:;t: ',_'~-. ,. ..J. '!"'::.>^ '> 17 - '\:::::;.::~ '\~x:' . ~ I ( ('. \(;Cf~;.--; ~;\', I I \ ,'/., \'::;:Y' \ ...../ .' I~ ~I +--- . . . . 11- ..! . ,.~ ............1(11..;:.;;. I I ~ --~L_L_.__ ~ I ... · , .' "1 " 't . ,..-.._. 1/.//. , 1/ t- /-, Ii. ../1,11 ' .-lV~f a Q '" ., , a: .. c .. . '~ .. ~ " ~ . " " a. <! ~ z o !- <! () o -l SliRROUNDING LAND USE & ZONING: North: East: South: West: I I I I [~ , I I . , , I' ~ t . I~ Single-family house, zoned Agriculture (A) iten: ~Jo. lye 22. =,~)(j7 7 of 25 Horse stable (eU Resolution Number 2000-468) and single-family bouse, zoned Agriculture (A) Agricultural activities, zoned Agriculture (A) Unimproved property and agricultural activities, zoned Agriculture (A) -.t:IHt/":; P":"-D ,tj.,n,f>O,:JJ O'L~~~_ _.~J t. ~~ CU-200S-AR-8900 ~ t . I I , IH1. ID I ~ I .'..../ ' -.."':/- ,~>/ I: ~I I g I ~_I R?Uc.' II'OCH;t"E / , / / , SUBJECT .'-./ F'~OP'E.R.TY l'- r- I ,,1 ____ _______ ____~LM~~- ___"____ 'I i "I ~ , ZOJ\ING MAP Page 3 of 9 Agenda item rJo, 17C r~ay 22, 2007 Page e of 35 ,"f _,."." :':~"",,"r: ;;~. ,1.. _ J.'.. t AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject propeliy is designated Urban (Urban-Mixed Use District, Urban Residential Fringe Sub-district), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition. this Sub-district pemlits a variety of non-residential uses such as agricultural uses. which have been interpreted to mean all the uses pennitted in thc Agricultural zoning district. The proposed aglicuItural use may be deemcd consistent with the Future Land Use Element (FLUE). GU-2005-AR-8900 Page 4 of 9 AGenda :tem t'Jo. 17C ~ :\.1ay 22, 2007 Page 9 of 35 AERIAL PHOTO CU-2005-AR-S900 Page 5 of 9 GU-2005-AR-8900 ? " . " ~ " :5 . . =- " lJ ~ ~ ;. ~ .:; . .~ !!' "',' ,- 0' ...:(1: L:l ~'f ~: "~ a ~ H ,,, \:! '.'.~ 5 ~J n ..s '" ;;r '" ! I ~---iT--~"""=~-'--'--l----C0---~Y" ---1 II,' I I' lit n , i 11 L... l i J! ---.--.. ,I ,.t, 11 f H ~ t f " _ -~C----';- -I t ~ t"--.. 1! J fL'- ~-1 l_..___._._---_.~~~-~.__..__L.JJJ_.,~_._[Jl___L_J i , ! 1 L . CONCEPTUAL SITE PLAN Page 6 of 9 f-\genda Item I,Jo, 17C rv1ay 22, 2007 Page 10 of 35 -. ~ . 'I < < Ii < " " ~ '. ~ ~ '- ; i~; " o I, II ~!I i" "I I ", I ElI'11 ~ il i '-" ~ 5:.. ~ ~i " ~.dlli ~iE~ i'~ ~t. ; "! ~. E!'!.II " i' ~i i I~l I[ I I ill' ; J.....-. u,~ I ~., ~ " l~ t~ I~ ~. __jJ :;0:iTI hb " '::'2. _ :~7 "1 i 0 =~S ANAL YSIS: Before any Conditional Use recommendation can be beard by the Board of Zoning Appeals (BZA), the Planning Commission must make findings that: I) approval of the Conditional Use will not advcrsely affect the public interest: and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have becn made concerning the following matters, where applicable: 1, Consistency with the Land Development Code and the Growth Management Plan. As previously noted, the request j(,r Conditional Use for stabling is consistent with the Future Land Use Element of the GMP. The existing facility is also consistent with the minimum yard, building height, and buffering requirements of the LDC. 2. Ingress and egress to the 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. As depicted on the conceptual site map and aerial photo, the existing ingress and egress to the site is provided hom Collier Boulevard, then cast on Sabal Palm Road to Rose Apple Lane. thcn north on Rose Apple Lane to the subject property. The Transportation Department has not reeommcnded changes to the access. Thc Traffic Impact Statement indicates that tbe horse stable facility may generate up to 20 trips per day and 7 peak hour trips. This traffic generation does not represent a significant impact on the alTectcd roadway segments. 3. The effect the Conditional Use would haye on neighboring properties in relation to noise, glare, economic or odor. A Conditional Use is defined in the LDC as: "A use that. due to spccial circumstances, is not permissible in a zoning district. but may be appropriate if controlled as to number, area, location, or relation to thc neighborhood." StafT believes the cxisting facility that is proposed to continue to operate at its CU1Tent size and intensity will not adversely a/Tect neighboring properties. In addition, the subject site abuts properties that also have agricultural designation. FUl1hermore, the site abuts one other horse stable facility immediately to the east, and which has also been in existence for many years and was granted a CU in 2000 (Resolution 2000- 468). 4. Compatibility with adjacent properties and other property in the district. Stabling is an agricultural use. A Conditional Use is rcquircd 1(11" stabling in lands that are less tban 20 acres in size. The CU is requested in order to permit the existing use in accordance with the cun'ent LDC and eliminate the legal non-con/(wming use designation of CU-2005-AR-8900 Page 7 of 9 ,A.genda item No. 17C May 22, 2007 Page 12 of 35 the project site. Therefore. staff believes that the proposed horse stable facility use as sitcd on the property is compatible with adjacent properties in the district. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION (EAC): The EAC did not review this petition because this petition does not require an Environmental Impact Statement (EIS). NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant's agent held the required meeting on January II. 2007 at 6 p.m. at the Lely Elementary School cafeteria. Two people attended the meeting. Rich Y ovanovich. representing the owner, gave an overview of the project. No concerns were expressed regarding the conditional use. (Synopsis provided by Lisa Koehler, Public Information Coordinator). STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward petition CU- 2005-AR-8900 to the Board of Zoning Appeals with a recommendation of approval subject to the adoption of the following conditions: I. The use is limited to what is depicted on the conceptual site plan identified as "Conditional Use 2005-AR-8900 Conceptual Plan" prepared by Q. Grady Minor and Associates. P.A., dated October, 2006, except as further conditioned below. 2. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. CU-2005-AR-8900 Page 8 of 9 :er-n t-Jo. 1)'C 22, 20[,7 ~'aJe '\3 :;' ::5 PREPARED BY: CAROLINA VALERA. PRINCIPAL PLANNER DA TE DEPARTMEJ\'T OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: DATE JEFFREY A. KLATZKOW ASSISTANT COUNTY ATTORNEY - RAYMOND V. BELLOWS. MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMEl\:T REVIEW DATE SUSAN M. ISTENES, AICP. DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MARK STRAIN, CHAIRMAN DATE CU.2005-AR.8900 Page 9 of 9 ur-..... L'") r-.....::;)c0 ~~'O ~NL; N- =- >, CD (1) m :::J) -'..,- rn -;;20... " iii :J1 4: ,-.--- "i ..~; ~U~;f'R'~F~~I~;D".'...'..' ... r;.....\."\...... ........!-................. "I 0 .... ili L' ; 1 CDl i 5: t. " : ~ " i ~ ,0 1 ," (),; ~--~-g' --~_. , :" ~. iii : 8 ~ ." ,0 :' ' . r-~"---< ~ , . . , 1 ~ ~'"................_........"ooo..m"'w'"rn (IJ ..".......,...............,.....,..~ !. r-- " < , ! I "".""".. ~ , , . : , ; ; ; . I! ~ ; ~ i g! -----j , ~ 1::. ~ ; ; l ; ; ; ! . , . ; , ....~ o o , z o f= "" ~ :J U ~ "" u w > 0: w Ul w 0: 0. o w 0: :J a w 0: "' w " U < o o " ~l--I' I ' 1 z ! D < ' a - i' "< (L .::1 ~ 0 ~ g " ::J 2::, ZiJ U , 25 ;: u ~ , ~(f) w Z" ou ~< <0 ~c:i ~ 10 wW >> w" >w ,", ~w :fit ",0 ww ~o ~> 00 " 0" ~ :< <0 ~ ~ " 8 ~~ ., i ::1 v::! 1 ~ ~~, I c~i! I o. g rn ~. 0 UJf I" ~3i' ,~ 0:.:::: ;- ~i ,;:<: :.:: tl ~~ i ~ .zO! I ~ ., " ... 0 ~ ~I ~ ~~J I '" Ii' i Gill I cA I @~ II . ,I !li ;gl ~ ",\ijo 3 0' ~<I t.:l"'" ~ EO' ~ ~i l_ COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 6968 ~ \U Agerlca item No. 17e May 22, 2007 2800 NORTH HORSESPf0ErlRrJi~5 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643- APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be compleled by .l"tqfJ ABOVE TO BE COMPLETED BY STAFF r APPLICANT iNFORMATION NAME OF APPLlCANT(S) PAUL AND RUTH Wlk!:!AMS_______________________________ ADDRESS _256 ROSE APPLE LANE ___CITY NAPLES _STATLFL_____ZIP 34114__ TELEPHONE #_____________________CELL # ____________________FAX # _______________ E-MAIL ADD RESS :______________________________________________________----------- NAME OF AGENT __RICHARD D. YOVANOVICH. ESQUIRL_________________________________ FIRM GOQDLETTE, COLEMAN & 10HNSON. P.A.___________________________________________ ADDRESS 4001 NORTH TAMIAMI TRAIL. SUITE 300 CITLNAPLES_STATE_FLZIP _34103_ TELEPHONE #__435-3535 _____CELL # _________JAX # _435-1218________________ E -MAl L ADDRESS :__RYQVANQYJ.~H@GC fLAW .COM ______________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. APPUCATlON FOR PUBLIC HEARINC FOR CONDITIONAL USE - 4//4/03. rev 5/20/2005 I::;;JT; ~Jo. 17e :2 ~007 Fagei 7 of 35 r ASSOCIATIONS ~,"- -, Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: _______________________________________________ MAl LI NG ADDRESS __________________ CITY _____________ STATE _______ ZIP __________ NAME OF HOMEOWNER ASSOCIATION: ________________________________________________ MAILING ADDRESS _______________________ CITY _____________ STATE _______ ZIP ______ NAME OF HOMEOWNER ASSOCIATION: ________________________________________________ MAILING ADDRESS _______________________ CITY _____________ STATE ___2IP __________ NAME OF MASTER ASSOCIATION: __________________________________________________ MAILING ADDRESS __________________________ CITY ___________ STATE ____ ZIP _______ NAME OF CIVIC ASSOCIATION: _____________________________________________________ MAILING ADDRESS __________________________ CITY ___________ STATE ____ ZIP _______ II DISClOSUR.E:6f INTEREST INFORMA"nONu ~~~ 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 Paul and Ruth Williams_______________ _LQO________________ ----------------------------------- -----------~~---------------------- ----------------------------------- APPLlCA TlON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 l\~Jenda item No. 17C MClY 22, 2007 Page 18 of 35 b. If the property Is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of OwneTshIp c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership APPLlCA nON FOR PUBLIC HEARINC FOR CONDITIONAL USE - 4/14/0], rev S/20/Z00S !j,?-m r'~o. 7C ':::2 2;~H-i7 :S):A =5 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership -------------~--------------------- -------------------- ----------------------------------- -------------------- ----------------------------------- -------------------~ ---------------------------~--~---- -----------------------------~----- -------------------- ----------------------------------- -------------------- ----------------------------------- Date of Contract:________________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address --------------------------------------------------------------- --------------------------------------------------------------- --------------------------------------------------------------- --------------------------------------------------------------- g. Date subject property acquired 0 leased 0 Term of lease _________yrs.jmos. If, Petitioner has option to buy, indicate the following: Date of option: __________________________ Date option terminates: ___________________, or Anticipated closing date __________________ APPL/CA TlON FON PUBLIC HEAN/NG FOR CONDITIONAL USE - 4/14/03. rev 5/20/2005 Agen"a Item No, 17C May 22, 2007 Page 20 of 35 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. PROPERTY LOCATION petailed leaal descriPtion of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questioJls arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range ll-----/ _50____/ _26____ Lot: __________ Block: __________ S u bd ivisio n :______________________________________________ Plat Book___ Page #:______ Property 1.0.#:__00435920001 and 00435880002________ Metes & Bou nds Descri ption: _______________________________________________________ SIZE OF PROPERTY~ ____________ft. X _________ft. = Total Sq. Ft. ____________ Acres3.22 ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: 2S6 Rose, Apple Lane 1____- ".,,-.J ADJACENT ZONING AND LAND USE Zoning Land use N --89--------- $___89_________ E___89________ W___89_______ -------------------------------------------- -------------------------------------------- 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). APPliCATION FOR PUBliC HEARING FOR CONOIT/ONAL USE - 4/]4/03, rev 5/20/2005 ,te'~'" ~\i0. ~ 7C 22 20(,7 "r ...,c, n1 (-f .-.:,- Section (Township(Range _______/ _______/ _______Lot: __________ Block: _____.:_':.c:.:.: ,) ,"0 S u bd ivi s i on :__________________________________________ Plat Book_________ Page #:____________ Property I.D.#:_______________________________ Metes & Bounds Description: ________________________________________________________ [ "~ CONDITIONAL USE REQUEST DETAil Tvpe of COIu:Jjtional Use~ This application is requesting a conditional use allowed per LDC Section 2.04.03 of the __ AqriculturaL_ zoning district for _hor~.E!. stables_____________ (type of use). Present Use of the Property: __horse stables___________________________________ ------------------------------------------------------------------------------- [ EVALUATION CRITERIA , n]) Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the followi ng matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): Since a horSe stable on less than 20 acres of land is recoonized as a Conditional Use in the AqricultlJJ'al zonino distl-ict within tJleUrJ:JaD_desiqnate!J are_ih,1hi~ Conditional Use regue_~l is_consistent with the Future Land Use Element of the Growth Manaqement Plan. IIPI'L/CII nON fDR PUBLIC HEARING FOR CONDITIONAl, U5E" 4/14/03, rev 5/."0/2005 Agenda item No. 17C b. Describe the existing or planned means of ingress and egress to the Prpj61,(r1v2~~B proposed structure thereon with particular reference to automotlS'~ - oan'd pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The existing maillaccess point is a driyeway ofj'Rosc A\J\Jle Lanc. This acccss QQ!tltshould o\Jeate adeql)atelv. There is very littIG,J19d,cstrian activitv in this arca. Thc \Jl'O\)oscd use is estimated to generate few trips per weekday. Due to the low volume, the tratlic ingress anc:!. ,gg,ress to the stable should operate adequatelv an,Lwith an acceptable leye! of safety. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The proposed operation will ~enerate noises and odor associated wjth h(l!'sc~. However. the stable is existing and anv incrcase will not be significant. .In addition. most surl'Oundil)g,Q[QQerties are also used for ,~griculturaJ purposes. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The s..!?-blinq of horses fOfgrivate use is permitted in the Aqricultural zonil19. district. This Conditional Use request is for commercial stablinq on a parcel of less than 20 acres, The st~.ble has existed for. manv vears without complaints f[mll the neiqhbQrs. e, Please provide any additional information which you may feel is relevant to this request, The property is zoned aqricultural and a horse stable is an al2Q.[QJ2riate use witbin an aqricultural area. Also. this use has be~n in existence for manv vears with no com12laints from anv neiqhborinq propertv owners. Deed Restr[ctions: 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 oetitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No~_ APPLlCA TlON FOR PUBLIC ilEA RING FOR CONDITIONAL USE - 4/14/03, rev S/20/2ooS /',;;S:-LGCi !:em IJo. 17e Additional Submittal requirements: In addition to this completed application, thc folloy,jfri~:rtll;S:l:!Ie submitted in order for your application to bc deemed sufficient, unless otherwise waiv~~fauJ'rng' lWe preapplication meeting, a. A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 80." x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the folloWing [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egres's (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], . locations of solid waste (refuse) containers and service function areas, . required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. o. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); APPL/CA TION FOR PUBLIC HEARING FOR CONDITION~L U5E. 4/14/03, rev 5/20/2005 !'genda Item t'Jo, 17G May 22, 2007 h. The petitioner must provide a letter of no objection from the United Srate's2P8~t~1 Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 PhoneQ3~43S-2122; Fax (239)435-2160 i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE All PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev S/2Oj200S ;!enll\jo.17C .:22, 2CCi7 Pc1ge 25 Df 35 RESOLUTION 07. A RTISOWTlON OF THE BOARD OF ZONING APPEALS, OF COLLIl3R COUNTY, FLORIDA, PROVIDING FOR THE RSTABLlSHMTINT OF A CONDITIONAL USB TO ALLOW STABLING ON 3,52:1: ACRES OF LAND WITHIN TIll! RlffiAL AGRICULTURAL (A) ZONlNG DISTRICT PURSUANT TO 11m COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.04.03, TABLE 2, .FOR PROPERTY LOCATED AT 256 ROSE APPLE LANE, IN SnCTrON 23, TOWNSHrr 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA WHEREAS, the Lcgisll'lt\l1'e of the SLlllc nf Flol'ida in Chapler 67-1246. Laws of FJoridn, lmd Chapter 125, Florida SlnlllteB, hos conferred on Collier County the power to c:;ltabli1ih/ coordinfllc nnd enforce zoning D11d s\lCh business l'cglllmiolls ns nre necessary fol' the prolcvtion oflhe 1>1\bllc; and WI-IEREAS, the COlUlty pllI'SlHUlt thereto has adopted n Land Development Code (Onliu/lncc No. 2004w41) which includes () CompJ'chem,ive Zoning Ordinnnce establishing regulations for the zoning ofpnrlj(;ldal' geoBmphtc di.visions of Ow County, among which is the granting of Conditional Uses; and wnEREAS, the Board of ZOlling Appanlsl being the duty llppointed Dnd constituted phHUling bourd for tho area hereby affected, has held [1 pnblic hearing aner notice <IS in said I'cgnlaliOllS nUldc and provided, and has cOlmidored the <ldvisability of [\ Conditional Use to allow Stabling ill 3.52:!; acrcs of lnnd y,'ithill the Rural Agricultural (A) zoning distdet pllnmrlllt 10 LilJld Development Codc, Seclion 2,04.03, Table 2, on the property hel'cnftcl' described, and the Cullier County Planlling C01Junissioll hilS fouud liS a lTnlltel' of .r:1Ct (Exhibit "A") that satisfnctory provision and arnmgcm.ent have been mude cDllceming nil .1ppllcftole ma!lel'S required by 1inid 1'l.:gulations fll1d in aCGOrdnMl."' with Subsection 10,013.00.1), of the Lund DevclupllWJll Code; and WHEREAS, all interested parties have beell given opporlllnity to be hc(\rd by this Board in t\ public meeting assembled and the Board having considered ~11 amHers presented, NOW, THEREFOIUl, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COONTY, FLORIDA, IIml: The petHiollt CU-2005-AR-8!WO, flied by RielHlrd D, Yovanovicht Esq'J Df Goodlette, Coleman, & Johnson, P.A" representing with J'ct:pccl to the pJ'Operly located al256 Rose Apple Lane, hCJ'o::;innfler de~cribed in Exhibit "B" attached hercto <llId incorporated by rcfercm:e herein, he !Jnd the same is hereby nppl'Ovcd fol' a Conditional Use ill the Rmal Agricultl1l'ul (^) zoning dilltrict to allow Stabliug pot' Section2.04,Q3 "T.-.blc 2" of the Land Development Code (LDC) in uCrJunlnnce with tho ConcqJtllul P hlll (Exhibit "e") alia subject to tht' conditIons set forth in Exhibit "0," attac.hed hel~to und incorporaled herein by rcfe1'ellce. Page 1 01'2 Agenda item No. 17e Iv1ay 22, 2007 Page 26 of 35 BE IT FURTHER RESOLVED that HUfi Rc:;oiulioll bo recorded in [he mim1l'os of this Bo.rd. This Resolution adopted ,\iler moHou. socoull !lmi S\lpCl'~rnl~ority vote this c1.yof _.,2007, ATTEST: DWIGHT F.. BROCK, Clerk lJOARD OF ZONING APPBALS 0]1 COLLIER COUNTY, FLORIDA ny:_.._. , Doputy Clork ny: JAMES COLETTA; eh,inn'lI J offi'oy ,KI,t'"' Maml.g 19 Assist 1 County Attorney CU.20lt5.AR.8\iOO!CVhp Attachments: E"Xhibit A: Collier County Platllling Commission Findings of Fact Exhibit B: Legal Desc.dptlon Exhibit C: Conc1ltio1HIl US~ COllceptlll\l Situ Plan Exhibit D: Conditions of Appruval rage 2 of2 t';]S'n::,3 [!Sin t~o. ,i',-" ~2 2007 ?:--;ge 27 of 25 ( FINDING OIr FACT BY . COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PEnTION CU-20115-AR-8900 The fOllowjng facts are found: 1. Section 2.04.03, Table 2, 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 YLand Development Code and Growth Management Plan: ves_tt No B. Ingress and egress to property and' proposed strudures thereon with patticular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of firc or catastrophe: ( Adequate ingressj egress Yes~ No~ c. Affects neighboring properties in relation to noise, glare, economic or odor effects: / _~o affect or _ Aifce! mitigated by '_'_'n _ _.._ Affect oa11110t be mitigated D. Compatibility with adjacent propmties and other properly in the district: Compatible use within district Yes ,~o Based 011 the above tindings, this conditional LIse should, with stipulatio;v,/(co~taehed) b" rCGOm\l1ended for approval to the Board of Zoning APpealSp / // ./ .,' Y14~ - DATE: ~C?~ MEMBEI<:,' t: //" !=VHIPIT A {/ / ~ . I -" .._" -:> / r ' ;i pv,{ /Clj7 /< f/ f!(/)~ I " Aoenda Item ~Jo. 17C - May 22, 2007 Page 28 of 35 ( 1.'INDING OF FACT BY COLLIER COUNTY PLANNING COMMISSlON FOR A CONDITIONAL USE PETITION CU-2005-AR-S900 The [oil owing facts are found: 1. Section 2,04.03, Table 2, of the Land Developmcnt Code authorizcd the conditional use, 2, Granting the conditional use will not adversely affect the public interest and will not adversely affect Clther property Clr uses in the same district Clr neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes K.. No B. Ingress and egress to property and pl'Oposed stl'l1ctures thereon with particular re[erence to automotive and pedestrian safety and convcnience, traffic flow and control, and access in case of fire or catastrophe: \ Adequate ingress & egress Yes;C. No c, Affects neighboring properties in relation to noise, glare, economic or odor effects: X No affect or _Affect mitigated by_ _.. Affect camlOt be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district yesE_ No_ ~, Based on the above flndings, this conditional use should, with stipulations, (copy attached) be recommcnded for approval to the Board of ZOlling Appeals, DATE:_Y'-- (c;-o1 MEMBEC d ,.:::::=--<:. EXHIBIT A itern i0o, 17.:::; i;(:]y 22 2087 ~c:;ge '29 of ::5 FINIHNG OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ( CU-2005-AR-8900 The following facts are found: 1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional use. 2, Granting the conditional use will not adversely affcct the public interest and will not advcrsely affect other property or L1ses in the same district 01' neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ,,/ No D, Ingress and egress to property and proposed structures th~reon with particular reference to automotive and pedesh'ian safety and convenience, trafIic flow and control, and access in ease of fir'e or catastrophe: ( Adequate ingress ,"; egress Ycs ~ No C, Affocts neighboring properties in relation to noise, glare, cconomic or odor effects: J~o affect or _,_ Affect mitigated by ~ AIIcct cannot be mitigated D, Compatibility with adjacent properties and other property in the district: Compatible llse within district /" Yes'''''''''''' No Based on the above lindings, this conditional use should, with stipulations, (copy attached) be lccommended for approval to the Board of Zoning Appeals, () -A-I DAI'E:_~{ r( ~ ,,<1_ CHAIRMAN:jJ~,L _~..;-- EXHI81T A \ ( _Agpnd1'itern r'~o. ,17C i r ;:ay 22. 2007 '.Page :'0 of 35 ,- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION I"OR A CONDITIONAL USE PETITION FOR ( CU-2005-AR-8900 The following facts are found: 1. Section 2.04,03, Table 2, of the Land Development Code authorized the conditional usc, 2. Granting the conditional use wi!! not adversely af["ct tile public interest and will not adversely affcct 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 sU'uctures thereon with particular reference to antomotive and pedestrian safety and convenience, traffic flow and control, and access in case of fu'e or catastrophe: ( Adequate ingrcs:J' egress Yes~ No C. Affects neighbodng properties in re1<\lion to noise, glare, economic or odor effeety ~ No affect or ~_ Affect mitigated by __ ., Affect ealIDot be mitigated D, Compatibility with adjacent properties and other property in the district: Compatible uS/:in district Yes _ No Based on the above fIndings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals, ~jV1bo..y"~.. #. p?c 'J/ DATE: .--erW1@A1i'/~ ( EXHIBIT A lisiT: r~O. ~i Ie 22, 2JCj7 11 sf :;5 ( FINDING OF IIACT BY COLLIER COlJNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION ClJ-2005-AR-8900 The following facts arc fonnd: 1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not lldverscly affect other properLy or uses in thc same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No R. Ingress and egrcss to property and proposed structurcs thereon with patticular reference to automotive and pedestrian safety lU1d convenience, traffic flow llitd control, and access in ease of fire or catastrophe: ( Adequate ingress & egress YCSL_ No__ C, Affects neighboring properties in relation to noise, glare, economic or odor effects: ._,; No affect or _,___ Affect mitigated by _, ~ Affect cannot be mitigated D. Compatibiiity with adjacent propel'lies and other propelty in the district: Compatible use within distl'lct YeR.,I No Based on the above findings, this conditi[)n~l use should, with stiplIlations, (eopy attached) be recommended for approval to the Board of Zoning Appeals. DATE: _1'1'!, () 7 --- MEMBER: _2M- ;(;Je ( EXH!B!T ,lJ, Agenda Ilern ~~o, HG May 22, 2007 Page 32 of 35 ( FINDING OF FACT UY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-200S-AR-8900 The following facts are found: 1. Section 2,04,03, Table 2, of tbe 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 ill tbe same district or neighborhood bccause of: A, Consistcncy with the Land Development Code and Gro"vth Management Plan: Yes ~ No B, Ingress !md egress to properly 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 propelties ill relation te noise, glare, economic 01' .odO!' effects: L..v No affect 01' ~ Affcct mitigated by ~ Affect cannot be mitigated D, Compatibility with adjaoent 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) be recommended for approval to thc Board of Zoning Appeals, DATE:~/JLL MEMBE:~=~-----------.... EXHISIT A LEGAL DESCRII'TIONS Folio #00435880002 The South 264 feet of the North 462 feet of the West Y, oflhe West ',I, of the SW v.; of the SE 'I. of Section 23, Town~hip 50 soulh, Range 26 East, Collier County, Florida. Folio #00435920001 The North Y, of the West y, of the West Y, of the SW I/., ofthe SE v.; of Section 23, Township 50 South, Range 26 Rast, Collier County, Florida, less the North 462 feet; the Easterly 30 feet reserved j(,r an Ingress and Egress Easement and ntility purposes which Easement is hereby granted to all future owners of property situated, lying and being in the W y, of SW v.; of SR I/., of Section 23, Township 50 South, Range 26 East, Col1icr County, Florida. EXHIBIT B rl~ill j,lo. -j7C =2 ::.r7 ~;~; cf ,.,5 Uf::::-tn -~n 1'0 70j-:t __ C-J r:0 C >,~ 2$2 ro -.2:0.. t1l "i' ill '" <{ -'----~--_. [~._,.....~.... ........-;;;;;;,;".;,~;;::;;.........."......"...."..""..... ,....,........,,,.,.......,,,,,..,.... i~ \ CD I . . l. Ii .~ I ! I- ! · I! ! ~ !tl ,. ri' g Ii '. I I , , I I , I ~ l........"..."...."....., . "OW,~""'o.,~ ~ , . ,.............'........"."'.'.--..'..........'..."".........,.. ~ I "''''r'' i ~ I g ! ~ ~ " [ '''..'''' ''''''''''1 I , I I i , , ! i I i ! !l I , , i , i ~ ~ f , ~ ; ,...,.......,.,.,...........,.,J <.~ ~ ~ 15 5 ;:: < '5 ~ ::> " {) ~ ~ ~~ ~ !;:o lJJ ~~ <n 0 w ~ ~~ s h !!i m@ ~ "0 5J ~~ oc ~g: I ~ " ~ " .. ! I ," O' ~ , ..; ; , ~ ~ . ! " . " , '" , ; '"' ? " ~ ~ i. ~ .., z ! ;:; n .; u (:: , '. , I~ f~3 ~ " " i ~I I I "", I ~p! I I I y' , U' 0 ~!i, ! ~ I I .;::I, ,)< I 151 ! I ~ 15 ~. · I ~, . "31 ' >-, ~ I ~lil i I ~~ I I , i i , , ill u Ii "'" D ~ ~ ..'~ ..... i q!d!! "'....0' ~ ~w @. . I i" .' '. :.!f I' 'l 0" \ T:1e :tem r~o. 1 f'C t,.;ay 22. 2DC 7 r'?Jge :~':) of ::'5 CONDITIONS OF APPROVAL CU,2005-AR-8900 1. The use is limited to what is depicted on the conceptual site plan identified as "Conditional Usc 2005-AR-8900 Conceptual Plan" prepared by Q, Grady Minor and Associates, PA, dated October, 2006, except as nlrther conditioned below. 2. No variances from any LDC requircmcnts have been granted as part of the acceptance of the subject site plan. EXHIBIT D Agenda Item No. 17D May 22, 2007 Page 1 of 79 ~ EXECUTIVE SUMMARY CU-2006-AR-ll034: Naples Bridge Center, Inc., represented by Joss Nageon de Lestang, P.E., of Gulfshore Engineering, Inc., is requesting a conditional use in the Estates zoning district pursuant to Table 2, Section 2.04.03 and Section 10.08.00 of the Collier County Land Development Code (LDC) to allow for an expansion of an existing bridge center known as the Naples Bridge Center. The proposal is for an expansion to permit an additional 3,500 square feet of noor area and an additional 49 parking spaces. The subject property consisting of 2.04 acres, is located at 5865 Golden Gate Parkway, in Golden Gate Estates Unit 30, Section 29, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: Staff is requesting that the Board of Zoning Appeals (BZA) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Conditional Use (CLI) petition and render a decision regarding the petition. CONSIDERA nONS: - The petitioner seeks a CU to allow fill' the expansion of a Social Club that will be limited to a bridge center facility. The existing Naples Bridge Ccnter was originally approved as a Provisional Use, PU-80-4c, Resolution No. 80-128 on July 8, 1980. The original site consisted of a 2,610 square foot building and 70 parking spaces. A second Conditional Lise, CU-93-l3, Resolution No. 94-424 was approved on June] 4. 1994 to expand the building to 3,500 square feet and increase the parking to 83 parking spaces. This proposed building expansion incrcases the building to 7,000 square feet and increases the parking to 132 parking spaces, The Conceptual Site Plan depicts the Naplcs Bridge Ccnter building, parking areas, ingress and egress, .21 acres of native vegetation prescrve area, and the 15- foot wide buffers along the north, east, south and west property boundaries. The prescrve area has bccn strategically locatcd to buffer the residential neighbor to the n0l1h. Site access is from Golden Gate Parkway. This petition will be consistent with the LOC The Naplcs Bridge Center is a private club consisting of 600 members. While not present at the facility all at once, members come to thc facility to socializc and to play the card game of Bridge. The Bridge Center is typically open from 9 a.m. to 5 p.m. every day except for Tuesday and Thursday when the center is open until 10 p.m. and Sunday Ii-om 1 p.m. to 5 p.m. If approved, the proposed expansion should have minimal impact on neighboring propel1ies in relation to glare, economic or odor effects. Staff has recommended some improvements to the ".- proposed conceptual site plan design to mitigate for S(lfne of the less desirable impacts as reflected in the Conditions of ApprovaL To mitigate for odors onto adjacent residential Naples Bridge Center, CU,2006,AR,11034 May 1, 2007 Page 1 of 5 :\q~mda I\ern t~o. 170 - k1c:1Y 22, 2007 Paqe 2 of 79 neighbors, the dumpster must be loeated a minimum of 40 feet from a residcntial propel1y line. Another Condition of Approval is to locate site lighting in accordance with Golden Gate Area Master Plan (GGAMP) Policy 5.1.1, so as to minimize light pollution onto the adjacent residential properties. The Traffic Impact Statcment indicates that this project will not have significant impacts on the sUlTounding roadway network. The petition is consistent with the Land Development Code (LDC). As described in the attached Staff Rep0l1. stafT has dctc1111ined that the proposed facility is compatible with the surrounding arca. FISCAL IMPACT: The Conditional Use, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized Icvel of development. However, ifthe Conditional Use is approved, a portion of the existing land will be developed and the ncw development will result in an impact on Collier County public facilities. The County collccts impact fees prior to the issuance of building pe1111its to help ofTset the impacts of eaeh new development on public facilities. These impact fecs are used to fund projects identified in the Capital Improvement Elcmcnt of the Growth Managemcnt Plan as needed to maintain adopted Level of Servicc (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency managemcnt. the dcveloper of every local development order approved by Collier County is rcquired to pay 50 percent of the estimated Transportation Impact Fees associatcd with the project Building pC1111it fees arc collected prior to issuancc of the building pennit. Please note that the inclusion of impact fees collected is for infonnational purposes only; it is /10! included in the criteria used by Staff and thc Planning Commission to analyze this pctition. GROWTH MANAGEMENT CONSISTENCY: The Comprehensive Planning Department has reviewed the proposed Conditional Use and found it to be consistent with the Goldcn Gate Area Master Plan (GGAMPl and the Future Land Use Element (FLUE) of the Collier County Growth Managcment Plan. The subject propel1y is designated Estates, as identificd on the Future Land Use Map of Ihe Growth Management Plan. The Conditional Use for this site has been in existence since 1980: an expansion was approved in 1994 and it has been functioning as a Bridgc Center all of this time. The CUlTent Comprehensive Plan contains locational criteria I"r conditional uscs such as this that are locatcd in the Estates designation. Howcver, the 1989 Comprehensive Plan, which this site is subject to, does not contain locational criteria. Based upon this, staff has historically interprcted that conditional uses approved pursuant to the 1989 Plan's Future Land Use Element (the GGAMP was adopted in 1991), or prior Comprehensive Plans, are deemed consistent with the GGAMP pursuant to Policy 1.1.6, and that on-site expansion of the same conditional use, as well as the on-site addition of a related use (e.g. cxisIing Church CU adding a church-al1iliated daycare), could be deemed consistent with the GGAM P pursuant to Policy 1.1.6. Through many past actions, the CCPC and BCC have indicated conCUlTence with this stafT position. Staffs' Naples Bridge Center, CU,2006,AR,11034 May 1, 2007 Page 2 of 5 l>"D~Hlda Item No. 170 I~ay 22. 2007 F)a~le 3 of 79 interpretation only applies to an existing CU site; on-site expansion/addition refers to the same legal description for the existing eu that was approved under the county wide Future Land Use Element. Conversely, any new site (new legal description) for which a CU is sought, whether a ncw CU or oil-site expansion/addition to an cxisting onc, must comply with thc Conditional Uses SubdistricI in the GGAMP. AFFORDABLE HOUSING IMPACT: This request contains no provision to address the ajTordable housing demands that it may create. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition bccause no Environmental Impact Statement was required since the site is less than 10 acres in area. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This pctition was heard by the CCPC at the April 19, 2007 CCPC meeting. The Commission motioned to forward Petition CU-2006-AR-II 034 to the Board of Zoning Appeals (BZA) with a recommendation of approval with conditions. The motion passed unanimously 9-0. The Commissioners discussed staff reeommendations and eliminated the following recommendations because of redundancy with the LDC requiremcnts: . The Conditional Use is limited to what is shown on the conceptual site plan, identificd as "Naples Bridge Center Conditional Use Conceptual Site Plan," prcpared by Gulfshore Engineering, Inc., dated February 9, 2007. The Sitc Plan noted is conceptual in nature for Conditional Use approvaL The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this Conditional Use, so long as these minor changes remain consistent with all applicable development standards. . Expansion of the uses identiiied 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 dlect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) rcvicw and approval, of the Collicr County Land Developmcnt Code, Ordinancc 04-41, as amended. The Commissioncrs discussed the following stafT recommcndation and e1iminatcd it because of redundancy with the federal Americans with Disabilities Act (ADA) regulalions: Naples Bridge Center. CU,2006,AR,11034 May 1. 2007 Page 3 of 5 tl,gen(~n Item t~o, 170 1,1ay 22, 2007 4 of 79 . The applicant shall provide an ADA handicapped accessible route li'om the handicapped parking spaces to the huilding and from the huilding to Golden Gate Parkway during the SDP review process. The Commissioners discussed the proceding staff recommendation and revised it. The original recommendation stated: . The Naples Bridge Center, Inc. shall not lease the facilities which are the suhject of this Conditional Use to other organizations for a purpose different than that which is the purpose oflhe Naples Bridge Center, Inc., in its' articles of incorporation. The revised recommendation states: . The Naples Bridge Center shall not lease the facilities which are the subject of this Conditional Use. Based upon the above discussion, the final recommendations as reflected in the Conditions of Approval are as follows: L The Naples Bridge Center shall not lease the facilities which are the subject of this Conditional Use. 2. The applicant shall incorporate the outdoor lighting standards outlined in Golden Gate Area Master Plan Policy 5. 1.1 inIo the site plan during the SDP review process. 3. The applicant shall locate the dumpster a minimum of 40 feet away from any adjacent residential property line. There were no speakers on this agenda item. [n addition, Staff has received no letters of objection to this petition, therefore it ean be placed on the summaJY agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission lix approval of a Conditional Use authorizing the expansion of an existing Bridge Center in the Estates Zoning District. A conditional use is a use that is pennitted in a paJiicular zoning district subject to certain restrictions. Decisions regarding conditional uscs are quasijudicial, and all testimony given must he under oath. The attached report and recommendations of the Planning Commission required are advisOlY only and are not binding on you. Petitioner has the hurden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or stalT, to satisfy yourself that the necessary critelia has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safcguards as you deem appropriate to allow the use, provided that there is competent. substantial evidence that these additional conditions and safeguards are necessary to promote the puhlic health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of Naples Bridge Center. CU,2006,AR,11 034 May 1, 2007 Page 4 of 5 Agenda Item No, 17D r\'~ay :2; 20CJ7 Pa~]f' 5 of 79 approval of the Conditional Use, you may require that suitable areas for streets, public rights-of- way, schools, parks, and other puhlic facilities he set aside, improved, and/or dedicated for public use, suhject to appropriate impact fee credits. Approval or denial of the Petition is hy Resolution, with approval ofthe conditional use requiring four aDinnative votes of the Board. STAFF RECOMMENDATION: Staff recommends that the BZA approve Petition CU-2006-AR-ll 034 subject to the following conditions: 1. The Naples Bridge Center shall not lease the facilities which are the suhject of this Conditional Use. 2. The applicant shall incorporate the outdoor lighting standards outlined in Golden Gate ,-\rea Master Plan Policy 5.1.1 into the site plan during the SDP review process. 3. The applicant shall locate the dumpster a minimum of 40 feet away from any adjacent residential property line. PREPARED BY: Nancy Gundlach, Alep, Principal Planner Department of Zoning & Land Development Review Naples Bridge Center, CU,2006,AR,11 034 May 1, 2007 Page 5 of 5 Item Number: Item Summary: Meeting Date: Page 1 of f',':.lf."rJ; COLLIER COl:NTY BOAfW OF CUUNTY COM~lISSI0Nfl~S :[) II~: Ileln ":""lH,e" mat ,111 pa~.tiClpd"lls be, ~,wor'llf1 ard H,: p:,<rle <11';C;1091'[' tw ;:>r~hl(Je(! by i'.;';rllr'-";;~; on rnerntH:'r,' CLJ.:'{)IJG-/;,R .11'':;>: il':.... NClpies bmLK' (er',ler IlK reJf;'''>,''"f',,:e,', by I~):;c :..:"gH)' Ijt; Lv;;t,ng, F E. (J~ Gull~'I"CH"" E'1~"'lm'i'lr'g.lr'c., IhNC5t1i'lg '" CcrKlitICl'I,,1 Ufe ,W:'}f"[:.'.;:;n'ltJdIS'I,ctr.>ur',I"m: 1(' "i.,r)!e:' ;0".'.":,"11 il_1,1:';ullhf'c,,;1I..c.it',TIQ;':,IIIHlt " '-',i)>; ; L[(: i ,. [',E : c' ,,::rt' !:: cl,it;:, :~el ',ed Site wa:; 1!r>91. ",11\, :Ji:pr,;.'\'i~cl U"'~IPr ::"rl(~:!nl ,d: US" fOij::u ,,:im' ,"I -,:::>1 'JI' .iu'le 1~ ")q.~ fm eJ SGLICl' (YSl;.m,Z;Jllol! C;)rb!':':"H' ". J UlL. <l"iHe f(l~ll 1)u1clI"~ ana", hllf,'r:S; ,,]1 (), ,1:, ';.-!lkll'lg ~+,lr.(h 11'1" r;l"Gpusa' IS iOI 81 c'K!:,'ar:SII)n to pl'rlllll an <ie1GiIIO'WI :l.'A:'(") sliu:,,.,, fee" 0' fl(:'O'i!rp;'] ;]'L.: an ii,jdl:IOI1<J150r,:rk'n,',1 r',p::;cCJ5 Tile s.u;..wst rli'JF'i!fll' 'lU11!,'.I m 'jfi0~ ",C.~l'c 1 ,.:oal(' jrr,V.:d\, II ',oJ :](01', C"aH F:",t:"!i"~- J,'d ~O -'cC!iCT :\. "Wrl',(,lr' ~,";C.l1I'" '-""-"1,' I:.","t CO!I'f." 'L.(Jurr:'1 Imlua "::':,120G7" ,',u ::le,/,M f"mlG,pJIPldnner Date Prepared By r~al1~'i Gundlach CornmwlIIyDevel'Jf.HTWnt& El1vlrol1ment"IS(wjl~es Z"nillf.l & c..amt DE."vdor>men1 R"yi"w 51,,"2{1Q74 11:14 f'M [J,lte ApproH'd B)' W:2r;onc Stewart bWC<lll"" S"crN~ry :,,'2.'20071142f.M Approved By COln~'lJnity OovelOPnlcn: 8. Commw1r1y D(H/CI"prncnt Il. En"'ronm"nt~1 S"'V,C8'" EnVironmental Se'vlc"'~ Admin Oat" Judy PUlg Orwrntio\ls An<ll,.",t Approved By Crmmlllmty Deve"mm.mt & CDlTlIWm",- 1:Or.v"IDpment 8. Environmentlll$t'n.rices Ellvironmer,t,ll SrJf\lic"'",f,amin 512i20071t50AM Fla,' Bellows Community DeV"'lopll1"nt & En\iironll1antalServlces Chwf PI~nner u;,le Zl'ning& I_and Dcv('lopOl1ent f'{H'.d(!W :;,'212007 5[i(: PM Zonlnp & L;md [IC'vt-lnpfTl'-'1l1 Oirectm Dnt.e AplJru\'ed By SusZln IAIJrray, AI.::;P Commlmlty D('vC"lopmen~ 8- Elwironrnerlt:>IScrvices LDlling & U'nd D(','clorlr"erltRevlaw 5!3.'200711'J~ AM Approved Hy r,'pc) Director uate r.id C~s"l~rrgllida Tran"f'Orf~\<on S"':,,,'Cc,s Tr"Il,',p",rraj,,:>nl":nnning ~;I~i20G7 ,I:::' DM lr.lnsportaHCm t'lvlf>iun ~\(lmini~t,.ator [late Appro\'l'd By Norm E. h,dor, j;;::;P Triln"p"ri~tiDn S~rvi~e!, "'r~n5p"rr"]1ion SerYlce,. f,clmin. "llli20rn ~ '18 PM Appro\'ed By ,i(".ephK..',cnmitt CDTlllTl\JnitvD~"'cial'men\ /l. Er1V;rOllluental :::;er~I""s COfTlInlJl":,. L'ev'~ior'l'lT"'lLt & Lr>'JiromrH?ntal Servi,,~~ Ati~I'" ,tra!n, D<lte C-cn;m"nit\ D",_",hpIllCIl; & Envlr'mn;er>tal ~.ervi"(),,l,,;n,in 5il0,'2tJOI11,01 f,M Approved By ;,amln,strJti"", ASJiist"nt U~t" OM8 COM()lrntor Count\, Mim('g~~'>. Off,ce unlC'" of Mnlla~lement 8. BI!dqct ~nOi~OO: 2:13PM E,"'9()!iI"niysl [Jat" Approved Il~' M!lr~ l'i~d"'nn County MJIl:>qer',. DlfleD ')fficc"rN';':1:1\l<.mr;n'Ii.P,lJd'.Wt ;,'1 ~'~007 9:1(; AM Coumyfianage, DJte Appro'\'l'dll)' J.,me~V. Mudd EoarJ GICnu'1ty (.'''''''''S5Ionu,"" ::;..."mty r',1~n.'W"'" OH,ct> 5il1/20iJ7 1147 AM "..v'"",......,.. n..""," n H" ",,'n.""". nT'~"~'" ~9fri~f?1J;\lN\j R"F!J - ~2, 2007 F'8ge 7 'J1 79 -,_r~ eol1.i:r County <= STAFF REPORT COLLIER COuNTY PLA.~NING COMMISSION FROM: DEPARTMENT OF ZONING AND L'h'JD DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & El\vIRONMENTAL SERVICES DIVISION HEARIl~G DATE: APRIL 19,2007 SUBJECT: CU-2006-AR-II034; ?\fAPLES BRIDGE CENTER PROPERTY OWNER! AGENT: APPLICANT: Naples Bridge Center 5865 Golden Gate Parkway Naples, FL 34112 AGENT: Mr. Joss Nageon de Lestang, P.E. Gulfshore Engineering, Inc. 2375 Tamiami Trail N., Suite 207 Naples, FL 34103 RE01.7ESTED ACTIO;\,: The petitioner requests approval of a Conditional Use in the Estates (E) zoning district to allow for an expansion of an existing Social Club, pursuant to Section 2.04,03, Table 2, "Fratemallodges, private club or social clubs" of the Collier County Land Development Code (LDC), as amended. GEOGRAPHIC LOCATION: The subject 2.04 '" acre site is located on the north side of Golden Gate Parkway (CR 886) and is approximately .35 miles west of Santa Barbara Boulevard in Section 29, Township 49 South, Range 26 East, Collier County, Florida (see location map on the following page). PURPOSE/ DESCRIPTION OF PROJECT: The petitioner seeks Conditional Use approval to allow for a Social Club that will be limited to a bridge center facility. The existing Naples Bridge Center was originally approved as a Provisional Use, PU-80-4c, Resolution No. 80-128 on July 8, ]980. The original site consisted ofa 2610 square foot building and 70 parking spaces. A second Conditional Use, CU-93-13, Resolution No. 94-424 w~s approved on June 14, ] 994 to expand the building to 3500 square feet and increase the parking to 83 parking spaces. This proposed building expansion increases the building from 3,500 square feet to 7,000 square feet and increases the parking by 49 spaces for a total of 132 parking spaces. CU,2006,AR,11034 March 27, 2007 Page 1 of9 Aqenda Item ['0. 170 ~ May 22, 2007 Page 8 of 79 The conceptual site plan depicts the Naples Bridge Center building, parking areas, ingress and egress, .21 acres of native vegetation preserve area, and the 15-foot wide buffers along the north, east, south and west property boundaries. The preserve area has been strategically located to buffer the residential neighbor to the north. Site access is from Golden Gate Parkway. The Naples Bridge Center is a private club consisting of 600 members. While not present at the facility all at once, members come to the facility to socialize and to play the card game of bridge. The Bridge Center is typically open from 9 a.m. to 5 p.m. every day except for Tuesday and Thursday when the center is open until 10 p.m. and Sunday from I p.m. to 5 p.m. SURROUNDING LAND USE & ZONING: North: developed with a single family residence on an Estates zoning designation, East: vacant with an Estates zoning designation. South: 6-lanes of Golden Gate Parkway, developed with a childcare facility to the south, a single family residence to the south west, and a church to the south east, all on an Estates zoning designation, West: developed with a single family residence on an Estates zoning designation, Aerial Photo CU,2006,AR,11034 March 27, 2007 Page 2 of9 """""''''''....-..- i ~ ~ I Q: I I ; . - , ~,. , - ~. > I' , ; Ugj , ; I, , , I i i I ; ; , ! I I --'- i , z ; Ii 0 j w- , !::!;( > , . I I u>O 0 ~ . I .-- . . --'--'-" I "'''0IlI0 ------,.' I-'------'.S" . , I I ! '- E'-~""..'~-''''- , "' . , L~".,~~,~~,l e: I , 1 , , w . . II If- >- , 'I~ . , ir --- I 0 . w :l . 1 ~ I 1 I ! l ........,. 1 1 I ! . I 1 'J f-- .. , . . e~ , I -~~ ~ Illnl~ ! ~ II I , " i I g ~ " - ;!~ >, . 0 ! ~i i l i C)"--:n :::5:: ".N':) ~~~ ~N ill =>"::;) ~5:~ -..2;:. " " jj '" <{ , ~~;; ... ='i~~ I" !: I .1!: I .1 ~ I: IE! ~I '~ -~~il' I i. .,. " I , :::~ I !i IE &!1 !!~~":.:: i"l ! > I h Ii r-'( Ii ,iii l, ;~! 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I I ,L'0enda item No. ~I 7Ll 22, 2007 PC12e '11 of ~'-9 GROWTH MANAGEMENT PLAN CONSISTENCY: In a memo dated January I I, 2007 Comprehensive Planning staff reviewed this request and offers the following comments: The property is designated Estates-Mixed Use District, Residential Estates Subdistrict on the Golden Gate Area Master Plan (GGAMP) Future Land Use Map and is zoned "E" Estates, The existing Conditional Use for this site has been in existence since 1980, and has been functioning as a Bridge Center since that time. The Conditional Uses Subdistrict in the GGAMP establishes locational criteria for conditional uses within the Estates designation; the subject site does not qualify under any of the provisions in that Subdistrict Policy 1.1.4 of the GGAMP requires conditional use petitions to adhere to that Subdistrict. However, Policy 1.1.6 of the GGAMP states, in part: "No development orders shall be issued inconsistent with the Golden Gate Area Master Plan with the exception of those development orders issued pursuant to conditional uses and rezones approved based on the County-Wide Future Land Use Element (adopted January 10, 1989, Ordinance 89,05) which was in effect at the time of approval, Any subsequent development orders shall also be reviewed for consistency with the Growth Management Plan based on the County-Wide Future Land Use Element" The existing conditional use on this site, for the same use now requested for on-site expansion, was originally approved (as a provisional use) in 1980, and approved in 1994 for on-site expansion. In 1989 Comprehensive Plan, and prior Plans, do not contain 10caIional criteria for conditional uses in the Estates designation, Based upon this. staff has historically interpreted that conditional uses approved pursuant to the 1989 Plan's Future Land Use Element (the GGAMP was adopted in 1991), or prior Comprehensive Plans, are deemed consistent with the GGAMP pursuant to Policy 1. 1.6, and that on-site expansion of the same conditional use, as well as the on-site addition of a related use (e.g, existing Church CU adding a church, affiliated daycare), could be deemed consistent with the GGAMP pursuant to Policy 1.1.6. Through many past actions, the CCPC and BCC have indicated concurrence with this staff position, Staffs' interpretation onlv applies to an existing CU site; on-site expansion/addition refers to the same legal description for the existing CU that was approved under the county wide Future Land Use Element Conversely, any new site (new legal description) for which a CU is sought, whether a new CU or off-site expansion/addition to an existing one, must comply with the Conditional Uses Subdistrict in the GGAMP. Policy 5.l.! in the GGAMP regulates outdoor lighting in Golden Gate Estates (GGE). Those requirements pertain to the subject site given its location in GGE. In conclusion, this request to allow expansion of existing development on the site of the existing conditional use (same legal description) may be deemed consistent with the Golden Gate Area Master Plan. In addition, outdoor lighting shall comply with the requirements of Policy 5.1.1 of the Golden Gate Area Master Plan. This has been included in the Staff Recommendation as a condition of approval, EAC RECOMMENDATION: The Environmental Advisory Council (EAC) did not review this petition because the site is under the size threshold (1 0 acres) to require an Environmental Impact Statement. CU,2006,AR,11034 March 27, 2007 Page 5 of9 A'Jenda Item No. 170 May 22, 2007 Pa'Je 12 of 79 ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Planning Commission must make findings (Exhibit "A") that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency witb tbe Land Development Code and the Growth Management Plan. As previously noted, this request has been deemed consistent with the Golden Gate Area Master Plan. Therefore, it is also consistent with the Future Land Use Element and the Growth Management Plan (GMP). The proposed setbacks are in compliance with the LDC. The Estates zoning district requires a 75- foot front setback along Golden Gate Parkway. The existing front setback ranges from 33 to 41 feet and is a legal nonconforming setback due to a right-of-way taking for the widening of Golden Gate Parkway, The original building met the current development standards when it was developed, and the building addition will meet the current 3D-foot side setback and 75-foot rear setback, The project will be required to undergo the site development plan review process to ensure compliance. 2. Ingress and egress to tbe property and proposed structures tbereon, witb particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As depicted on the Conceptual Site Plan, the ingress and egress to the site will be provided through one entrance off of Golden Gate Parkway. Transportation Department Staff has reviewed the application and has requested an ADA (American with Disabilities Act) acccssible route from the handicap parking areas to the building and from the building to Golden Gate Parkway, To address this, additional conditions have been made as part of Staff Recommendations, The Traffic Impact Statement concludes that the impact to Golden Gate Parkway will be minor. The Naples Bridge Center is already served by a dedicated right-in access and turn lane, The Traffic Impact Statement also states that "since the expanded parking is simply designed to allow more effective and convenient parking for existing club membership, no additional impacts are expected beyond current service levels." 3. The effect tbe Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. If approved, the proposed use should have minimal impact on neighboring properties in relation to glare, economic or noise effects. However, the proposed location of the dumpster will have an impact associated with odor on the residential neighbor to the west. To address this, staff recommends that the dumpster be relocated a minimum of 40 feet from any adjacent residential property line. CU,2006-AR,',034 March 27, 2007 Page 6 of 9 i'J::'iYi ~,Jo, 'j 7D :22. 2'~!Q7 ~"\;:1ge i 3 .Jf 79 To mitigate for any noise or glare impacts to the neighbors, the applicant will provide a IS-foot wide Type B landscape buffer along the east and west property boundaries. Along the north property boundary, the applicant has provided a 63-foot wide preserve area. To the south, the Estates zoned residence is separated from the subject site by Golden Gate Parkway, a six-lane divided road with a landscaped median. The Naples Bridge Center will also be required to comply with Golden Gate Area Master Plan Policy 5.1.1 which requires that site lighting be placed in such a manner as to reduce light pollution. 4. Compatibility with adjacent properties and other property in the district. The Naples Bridge Center facility is compatible with the surrounding area. The Naples Bridge Center building is one story, which is compatible with the surrounding one story residential development This Conditional Use property is located in the neighborhood of several other properties with Conditional Uses: five churches, a child care facility and David Lawrence Center are located within 1/2 mile of the Naples Bridge Center. Based on the information provided and with the appropriate mitigations, it appears that the proposed Conditional Use is an appropriate use of the subject site. NEIGHBORHOOD INFORMATION MEETING: The following synopsis is provided by Linda Bedtelyon, Community Planning Coordinator: The applicant duly noticed and conducted the required meeting on March 14,2007,6:00 p.m. on site at the Naples Bridge Center. Several neighboring property owners, bridge club members, the applicant's team and county staff were present Of those who spoke, no one opposed the present use or the proposed expansion of the bridge club facilities. The agent for the applicant, Mr. .loss Nageon de Lestang, P.E. of Gulfshore Engineering, Jnc. addressed the following questions and concerns: · There are currently 83 parking spaces; the applicant is proposing 49 additional parking spaces and sidewalks. · The application for Conditional Use will seek approval for a 3,500 square foot building addition. However, the Naples Bridge Center club members have not decided if they will build the addition. · Site ingress! egress will be from Golden Gate Parkway. · There have been a few incidents of flooding on this site. Site drainage improvements will be made with the Naples Bridge Club expansion, according to the agent, Mr. Nageon de Lestang. · Mr. Herbert Herman, property owner adjacent to the bridge center on the west, commented that there has been vandalism of parked vehicles in the lot behind the present facility. Mr. Nageon de Lestang stated the lighting of the new parking lot will be improved. (This should discourage vandalism). · Mr. Herman said that occasional barbeque activities by the members of the bridge center club left a mess near his property in the past CU,2006,AR,11 034 March 27. 2007 Page 7 of9 Agenda Item No, 17D May 22, 2007 F'age 14 of 79 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU-2006- AR-II034 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Naples Bridge Center Conditional Use Conceptual Site Plan," prepared by Gulfshore Engineering, Inc., dated February 9, 2007. The site plan noted is conceptual in nature for conditional use approval, The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2, Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require tile submittal of a new conditional use application, and shall comply ",ith all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier County Land Development Code, Ordinance 04-41, as amended. 3, The Naples Bridge Center, Inc. shall not lease tile facilities which are the subject of this Conditional Use to other organizations for a purpose different than that which is the purpose of the Naples Bridge Center, Inc., in its' articles of incorporation. 4. The applicant shall incorporate the outdoor lighting standards ontlined in Golden Gate Area Master Plan Policy 5.1.1 into tile site plan during the SDP review process. 5. The applicant shall provide an ADA handicapped accessible route from the handicapped parking spaces to the building and from tile building to Golden Gate Parkway during the SDP review process. 6. The applicant shall locate the dumpster a minimum of 40 feet away from any adjacent residential property line. PREPARED BY: Y\MvJJJ\ O\lA/V\dl;(uJ"-.- \Y\~/V1J\ ?1 2tJ07 NANCY GlJ}.,1bLACl\!, AICP; PRINCIPAL PLANNER DATEJ DEPARTMEyh OF-iONING AND LAND DEVELOPMENT REVIEW CU,2006,AR,11034 March 27, 2007 Page 8 of9 iiolT: f'Jo. ~ 7D =2. 2C,c;7 PEqe :5of79 REVIE D BY: MI TTORNEY --S/~7/()7 I o'A TE ~1SvIL i/-n/07 RAYMO V. BELLOMlS, MANAGER J I DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ 'yn, I.s~.D STJSAN MURRAY ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW .3/C17h7 DATE APPROVED BY: ,//1 .~. ?h<1/o1 JOSEPI K. SCHMITT, ADMINISTRATOR I DATE COrr~TY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ~ COLLIER COUNTY PLANNING COMMISSION: MARKP~~C~ Lr...} ~ -07 DATE Tentatively scheduled for the April 19,2007 Board of County Commissioners Meeting Attachments: Exhibit "c" Findings of Fact CU,2006-AR,11034 March 27,2007 Page 9 of 9 .Aqsnda item No. 170 - i'vlay :2, 20G7 Page 16 of 79 REVIE W HORNEY ~ /~7 /07 I D'ATE ~~ 1/7-7/07 RAYMO V. BELLOWS, MANAGER J I DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ Lrh. !S~ SuSAN MORRAY ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 3~7~7 DATE APPROVED BY: /'1 , ~ '1"'/0 1 K. SCHMITT, ADMINISTRATOR .' DATE TY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: MARKP~+ce~ L/---11-07 DATE Tentatively scheduled for the April 19, 2007 Board of County Commissioners Meeting Attachments: Exhibit "C" Findings of Fact CU,2006,AR.11034 March 27. 2007 Page 9 of9 It":Ti: f\j'J. j7D ~2. ',i()(j7 ?a;e 17 or --9 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A COKDITIONAL USE PETITION FOR CU-2006-AR-II034 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes i/" No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or _ ,Alfect mitigated by <text> _ 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: 1.-/_ l q/O'/ ~HA--" '" ) /~ (; L. lKlVtAN : I jV ~ ;V~ v \ oft I,. \ r~ ~ EXHIBIT "e" Ag~nda ItslT. rjo. 170 f-/1ay 22, 2007 Page -j 8 of 79 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-ll034 The following facts are found: 1. Section 10,08.00 of the Land Development Code authorized the conditional use, 2, Granting the conditional use will not adversely affect the public interest and vvill 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 / . Yes~ No . C, Affects neighboring properties in relation to noise, glare, economic or odor effects: -L'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 JNo Based on the above findings, this conditiOlial use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 1-1 i j '7 ! <' '7 I .,'. ./, ... MEMBER: ~~IL' ~ '~ I EXHIBIT "e" item r'~C-J. 1-:"0 r,';ay 22 20CJ ?age -: 9 'Jf ~:'9 FINDING OF FACT BY COLLIER COUNTY PLA.l\INING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU,2006-AR-l1 034 TIle following facts are found: 1. Section 10.08.00 of the Land Development Code authorized the conditional Use. 2. Granting the conditional use ",'ill not adversely affect the public interest and VVill not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land D/lopment Code and Growth Management Plan: Yes1 No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow arld control, and access in case of frre or catastrophe: Adequate ingress & egress Yes / No . C. Affects neighboring properties in relation to nDise, glare, economic or odor effects: .' . ~ affect or _ Affect mitigated by Affect camlOt be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within disbct Yes / No Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. DATE: tj ~ / ~/ / ./-.. /. MEMBE~ / ~ h e_r EXHIBIT "G" I'G VIC- <,/,-,7//' Agenda 11em NCl. 170 fv1ay 22, 2007 Page 20 of 79 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-l1034 The following facts are found: 1. Section 10.08.00 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 ingress & egress Yes)C No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: -K 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 ye/\ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: ~--1<;-<:J7 MEMB~ ~ -~.....:::::~ - EXHIBIT "e" J:.:J::-;n~;a !+8rn N8. 17D '" ~.2, 2~)CJ7 ?age ~1 of 79 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-II034 The following facts are found: 1. Section 10.08.00 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: D. A. Consistency with the Land ?evelopment Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: / Adequate ingress & egrei/ Yes No c. Affects; neighboring properties in relation to noise, glare, economic or odor effects: , ~ No affect or _ Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within dittri Yes No , - Based on the above findings, this conditional use should, ~h stipulations, (copy attached) (,hoold 000 be ~oomm~d" ro,""co'". . ~ ~ DATE: 4 I q 0 MEMBER: Vf EXHIBIT "C" I\genda Item No, 17D May 22 2007 Page 22 of 79 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-Il034 The following facts are found: 1. Section 10.08.00 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 De4ent Code and Growth Management Plan: Yes / NO. - - B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egres/ Yes No - - C. boring properties in relation to noise, glare, economic or odor 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 c./ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: tf/l7- 07 MEMBER'~ EXHIBIT "e" :L.;;-n NT i 70 r.,'1-J\i 22,2007 - 2=', ,:)'1?9 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-I1034 The following facts are found: I. Section 10.08.00 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 GroVoi1h Management Plan: Yes ,j 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 e7s: _ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within d7' str' t Yes_ No ,/ I Based on the above findings, this conditional use should, wit I stipulations, (copy attached) (should not) be recommended for approval. DATE:'\II~h MEMBER: \! \J\~JJ~ L:Li}l~~~'e.<~ EXHIBIT "C" '~ . . Agenda Item No. 170 May 22, 2007 Page 24 of 79 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-l1034 The following facts are found: L Section 10.08,00 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 ingress & egress YesL No C, Affects neighboring properties in relation to noise, glare, economic or odor effects: 1 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 YesL No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: -1. / l-t1 7 MEMBER: ;;:: $(/1/ EXHIBIT "e" Il-2rn r'b. ~;--;'D :='2.2D()7 :'5 of ~9 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR- 11034 The following facts are found: I. Section 10.08.00 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 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 Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V 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: f/ / '1 J tl1 I I MEMBER: jJ/h7r7d-- ~.,P?I (~~ EXHIBIT "e" or--J') =r- ',- o . <0 L~~N >= >< m Q) ro :n ~~ ro -~il. ro -g Cll OJ ~ QIIIr,;nnoe __ V.lNYS 1 .,. ". o'i ; . ~ ! . ell , . , , ! ; , , I , I ; . ; , z i ",Q o-t;o . I . ",0 '3 ('""- . . , . \ & ~- i-'----'-f mMim:~!m~;i~!ii!mi . 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'"' o ~ ci: <( , '" o o N , ::> () .. z o l- I- I1J ll. a.. <:( ~ z o I- <:( U 0, ....II ~ GULF5~ ~ E.NGINLE.RlflG, II~C ~\.,~ SITE DEVELOPMENT - PLANNING - SrORMWATER MANAGEM ENT 2375iamiar:li Trail N., Suite 207, Naples, Florida, 34103 Phone: (239) 261,2290 Fax: (239) 261,6530 CU-2006-AR-l1034 PROJECT #2006100015 DATE: 12127/06 NANCY GUNDLACH Agen(a .I~em ~"jo'.- ~ 7D iv1ay ::2, 2~)07 Page 27 Qf 79 GEl Project No: 108A December 19, 2006 Nancy Gundlach -Coordinating Planner Collier County Government Community Development & Environmental Services 2800 North Horseshoe Drive Naples, FI. 34104 Subject: Application for Conditional Use Naples Bridge Center 5865 Golden Gate Parkway Folio # 381 666 00002 Dear Nancy, Pursuant to the pre-application meeting [10/4/06] held at Collier County Development services, the following Conditional Use Application is being submitted on behalf of the Bridge Center Membership for the above referenced property. As was previousiy discussed, the Bridge Center wishes to expand the existing. building and parking facilities to better serve its current members, The existing site was approved under Conditional Use Resolution 94- 424 approved 6/14/94. Based on the proposed concept plans, these improvements would potentially involve a 3500 SF building addition and 50 additional parking spaces. The expanded facilities would provide excess parking helpful to meet the particular needs of the Bridge Center as well as providing reiief when playing sessions overlap. The proposed concept plan also identifies the interior traffic circulation, pavement markings, as weli as areas necessary to meet water management and native vegetation preservation requirements, These land uses are shown ill tabular format on the plan. This expansion does not anticipate the need for improvements to existing access connection and will not require additional changes to the project entry. These issues were sufficiently addressed by construction of a recent right-in turn lane implemented during the latest roadway construction on Golden Gate Parkway. Page 2 of 2 Bridge Center - CUA AGenda i1em ~~o. 110 ~ fV'1ay :22, 20CJ7 Page 23 of 79 This submittal will include a Check for $ 5573.00 made out to the Collier COLlnty Board of County Commissioners as well as the items listed below. As per previous discussion, items provided in the pre-application submittal checklist will be complete except for the Landscaping Plans; all pertinent landscaping buffers are illustrated on the concept plan the detailed landscaping plans requested will be addressed subsequently during the SOP process. LIST OF ENCLOSURES: . Twenty (20) copies of this cover letter, . Twenty (20) copies of completed application form, . One (1) Addressing Checklist signed by addressing. . Twenty (20) copies of Pre-Application meeting notes. . Twenty (20) copies Conceptual Site Plan 24" x 36" plus one 81/2 x 11 copy, . . Two (2) copies of Warranty Deed(s). . . One (1) Completed Owner Affidavit . Five (5) Aerial photographs, . One (1) Statement of utility provisions with attachments, . . Seven (7) Traffic Impact Statements (TIS), . Two (2) copies of State or Federal Permits, . One (1) Electronic copy of all documents and plans. . One (1) Letter of "No Objection" from United States Postal Service, Should you have any further questions or comments please do not hesitate in contacting the. undersigned. Sincerely, GU ORE ENGINEERING, INC. ts Nageonde Lestang, P.E. cc: Mr. Leo Heifetz, Naples Bridge Center File P:\NEW PROJECT-LlST\1 DBA-BRIDGE CLUS\CORRESPONDENCE\OUT\cover letter Collier County for Conditional Use. doc . COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLllERGOV.NET (i) ,t:,Jenda item No. 11D ~ fviay 22. 2007 2800 NORTH HORSESHOE DiH~f,,2S of 79 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [ CU-2006-AR-]1034 PROJECT #2006]00015 DATE: 2/22107 ~ANCY GUNDLACH Rev" J ABOVE TO BE COMPLETED BY STAFF APPLICANT INFORMATION NAME OF APPlICANT(S) : NAPLES BRIDGE CENTER ADDRESS: 5865 GOLDEN GATE PARKWAY, CITY: NAPLES, STATE: FL, ZIP: 34116 TELEPHONE # (239) 455-4445 CELL# FAX # E-MAIL ADDRESS: NAME OF AGENT: JOSS NAGEON DE LESTANG, PE FIRM: GULFSHORE ENGINEERING, INC, ADDRESS: 2375 TAMIAMI TRAIL N., SUITE 207, CITY: NAPLES, STATE: FL, ZIP: 34103 TELEPHONE # (239) 261,2290, CELL # (239) 280-6234, FAX # (239) 261-6530 E-MAIL ADDRESS:JOSS@GULFSHORECIVIL.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS, GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE ~ 4/74/03, rev 5/20/2005 ASSOCIATIONS .Ll,genda Item ~jo. 17D Mav 22. 2007 r--age JU or /1 Complete the fallowing for 011 Associatian(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: GOLDEN GATE AREA CIVIC ASSOCIATION MAILING ADDRESS 2335 TAMIAMI TRAIL N. #308 CITY NAPLES STATE: FL ZIP: 34103 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in cammon, 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 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 il:;;x;: \0. I";:] 22. 1="::; 1 ;;1 :)1?~ b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership PLEASE SEE ATTACHED EA~IBITS EX. 1 Board cf Governors and Officers EX. 2 List of Members c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the prop!lrty 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 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/J4/03, rev 5/20/2005 Agenda item No. 170 May 22, 2007 Page 32 of 19 NAPLES BRIDGE CENTER, INC. (A non-profit Corporation) EXHIBIT 1. (See below) BOARD OF GOVERNORS Robert Beckwith, Charles Morris, Julie VanStone, B.Z.Zions, Linda Percy Jo Rogan Sugar Rubin President Vice Preside.nt Secretary Tre.asurer EXHIBIT' 2. (See attached) LIST OF MEMBERS Each me.mber has a single proportional interest. No member has a remainder: In the event Naples Bridge Center is disbanded, all assets will be liquidated and donated to Charities. " 2007_Pl!iddues 603 ,"\::,en:Ja ifem rJo. ~ 7D ~ r f. '12 '--.,\n? I\.,ay L.- . .LLld 11/"1p~1;oe 33 Df 79 Lest First. AccreS! Zi Phone Emall.Ma11.PBOok It>.8BOTI- QUIGLEY Karen. 825 BentwoOd Dr. 34106 '597-5939 I ~I . ~,9=LSON 'Joan 41S8 Kensington HI~h _ 34105 4038831 I _ ~ 9 ij~~:C=-~i~':,--, ::i~~~:~~;b:f~:c~pt--E~r:~i~~'~;'i';;299@iOL"m-' .,.,..,:-1 ~DELAAR SDrdra 3200 Gulf Shore Shld. N, l\!21734103 28'-1878 I .__~ ---!L.._ 9 ~LEN- AJ. 5. Dot"' 1540 Clermont Dr. '3410e i54-S071 ~- 1'" - 91-9 ~~~~ --'~::f~_~andL_~H~S~~~~~:~~~~O:i10f--~if~'~~~i1 --:---------- ------.----_ ...~~I__ -.. : ~NJ!:.RSON Pat" 60 5e8gale Dr, 34103 403.436; I 91 9 lANDREWS Lowell- 1001 Arbor laKe Dr. #1204 34110 594-5514 lowanCl~ear1hllnk.nel +-~~i lANZILGTTI Malie. _._.._~ ___..~.~.~~8Irwat.~____.__~,~~ ~l!._ 2~Jl60B __~_e~~~_i@m~.c.9_~ _________ElL____ S ~~NA.. ~a.ck. 2256 Gulf Shore Blvd, N. :34102 261-0651 _arena.Jr~i1ol.=om Ell 9 ~GENTO JudY- 5655 Grande Reserve Wey#60.34110 514-7613 1 ~..'~. . iARMSTRor~3 GISrlds. 760 Waterford Dr. #302 :34113 793-1841 i 91 - 9 It..RN::.SON :pat 3100 North Re. #233 I 434-0173 I .- -j5',J _. 0 k,?S:ARI CarlO. ~.oO.F9untaln CI~cle _ ~119 455-3471 sand=,!_k:y7B~hoo com 91 i8ACCI:...E .Joanne* 2454 Terre Varde Ln. 34105 434-9337 I 91 9 i~_AFF_____:gi1!.r!~~!~!....rty"2~3_5-C.!!IrrlngtonCl 34109 5935286 -~ 4-91-9 IBAfJ.FORD Betty" ,925 Wildwood Ln. ---3:4;05--:262-7252--,- ~ -------~-- 91--9 !3ARLOW SettY- 8763Naples HerltageDr. '341~2774.4':33 :- -- --~ ---1- ~ ~~-~~ ~!~::~~~._..:~~~~~~~_~s~~~~~___~~~;,~€;_~~~;~ __ ~e~ebarnum@!~~ co~_ _ __I ~5'99i- _Jo,' ~;RTLEn 'Medea 1094 Camelot Circle 34119 455-6730 medeab~earlh!ink.net !BARTON ;loiuse B250 Foxho!low --:34104 643-1399 1 ! __9] 9 j:~t~ ~~:~.~~izabelh __ ~~~~ ~~~~::_;:~d. H5~__ ~~~~. ~~;~~~~-J--===-~~-==-_-=-=~R8 ~~=CK iMae 'Bee 21s1 Ave. S. :34102 649-7330 L 'l" 91 9 ~;:;:k~ "Bette 1'3256 Whila Vloiet 34~19 596-7726 1 9i 9 BECKETT ;Ann 6360 Pelican Bey Bwd. 101C :34lOB 597.7583 I ~. . IBECKCER 'Claire 3720 Gall Blvd. 'i4---:;o;r--B43.-i944 claire~nElples.nel -~ Ser-a" !B=CKWITH 'BOb~&Judy \~1 PalmattoDunesCI~le. :34113 j774-0056 'be~J!hf~@comcaslnat 91 9" IB<=LDEN DoclI ,780WaterfordN2D334'~3 ,732.62SB blnx5~msn.com 9 9 Page 1 -----------------_.._-_._------~----.__._._--------------------------------------------------------.------.----_._~-----------_._----------_._- 2007 _Paid dues 603 11/28/2006 Last", " flrsE'.,. AddrenZ: Phone Emall; Miilll1PBooK !;~~~~TT !~~~:& Dick .~~_~~~~:~~~~~~.~~08'~~ri~, :~;~~~~~~:~~~~~~~;~::~II'.:~" n==@1 ,~ I~~~~~~ I ;~:;~-3enha~-.- ~~~~:~:~~eH~~~~=.d. ."-~~~~~ -;~::~~--_. ;bertdick-~eO!:com--- ---~F- ~ ~~bl~~ - -t~:~ ~~~~ ~~llif~~::yB~~dN#~~~~;~~~;.~~~t:~~~ T~--------=F.:T_---.-: lEL.A.CKBliRN BIU.& Pe"gy* '250 Park: Shore Dr #203 3lO103 659-1681 peg"yb123@co:ncast.nel 1 9:-9- I:~s~~~:~;!?'r~_._,__ ___;_;~~~_~~~~;:~~.';l~~._::~~~,~_ ~~~~.~~--.-..~~-~~~L<iP~~~~~rl!---=--~,.-.-.--1=i---} IBLO:H ,Don 2700 Cypress Trace Circie 31234119 5g2.7214dbrph~comcast.net 91 , 9 isLO:JIN Mary 232 Via-Napoli - 34105 ,649_0406 I 591 9 F~U~~I~~~.. ___. ~~~a!~J& _________ _?!!~~~~_~Bj_~ ~"__~ ______ ~?_9~6_. E~6-~2~.~_ ._~I.~!:".~~?~~~_si!l.~~E.~~~~~~.= _.?~L':::'=_-9 IBt-UM Bob. 2749 Island Pond Ln. ~119 597-8236 I g: 9 iB-LUR7~----;-Nar:Cy-;------'--"---5306-Pallcan-aey BI'ild ---. --j4,oif '59a~21a~-i ~.. -'-----,.--------- -9;-9 !SOERlo" Tom ---7303 Mill Pond Circle 34109 262.1040 I g. Q is:)GG-:--:-----:Jesn--~-.3D55 RIviera Dr. . 34103.261.6_171 }eanboggiWaoLcom ,_591 9 ;5-6,3G-~SS..~-<Sam~---.~--.----2515 T-Sionct.#4~--~ 34-105- 417-:-~796 - ;cblil~-comcaslr;j------ .- ,. - 9-;----9 fBOt-TON peul -27643 Hale Dr. 34135 498-4795 peb!ine~mBplas,nat ----. 91 9 I'~DNCOSKY :JO~. e&BIII 1116 Vanezla Way 341J5-.~~~3.0765_____.:~boncos~~.~~~_ .~~ SOOTH Peggy"' 13940 Southhampton Dr. #400 34135 495-9935 I 9, 9 iBCSCH Betty -- 6723 Gleneagie wit --'--34-120 T75:4627 T ---- 5-91 9 I'BOYLAN )ean 13300 East Tsmlami Tr. #272 34114 774-7322 gggenie@frontiemel.nel L!'~9_ SOYU=: Raymond 222 Harbour Dr. #205 3.l103 4::13-7938 ~9 iSRflDLEY 'Lauria. 80x 1336 34146 530.7169 1bradley~sw;'ja.rr.com 59: 9 !8RA6Y--~ChfiStine&..Phli-----240 SliveradcDf~-m_-34-m--348_0326.---pncbrelfy~earthl;nk~n.e-t ----- -_.- -59:--~9 @RAITH'/.'AlTE Liz. 1055 Gulfshore Blvd. N #308 34102 262-5970 1 ___ _~~e. 15RA1..':::Y Don* 5401 25th Pi. SW 34116 2774723 i 91 9 !~~5~'~-"~~~'.~-- ~1;oc~:~~,f~;i~=--~:~~:::~t~:~ _+_=---:_mm__-:~ :~-~~ IBROVI";"Z Corty 42 ;.l!S Brlses Way 34108 592.7928 1 . .. . 9! 9 ~~6~~-"f:~B~~~-~~:.16~~::~~~nJ:-~---~--"~~--~:::~}---::~roW'1356~eQ!_Com~ = -~-= ~~-~~.~-I IBROWN H_ Jean 494 Beyslde Ave. 3410-S--:0- 91 . PS[le2 2007 _Paid dues 603 b..Q'2nda Item i~O_ i 7D ~ U~y ')10'7 "/2 I'",::. '- j .. ."DOIL f ~ r d~e 0 I 9 Last:: First, T Addrell Phone :::maIL' Man PBco,", DUBDD William & Pat :10303N.WestportCin:::le 53092 596.5747 1 I 91 9. DUBOIS ;~- ,1977 Gulf Shore Blvd_ N. #805 ~341a2 '262-0582 ! I 9L 9 DUNAWAY 'Sue. 11201 Phoenix Way 34119 556-'204 I aT----g. ~-~~TACl-,~~:~~~r~.. -- -~*9f4~1~~~~l!L ---..---.~tl~~~~~~-tm_~---.--.~----..--~.- ----~--_..-~ EHRLICH Harriet. 4751 Gulf Shore Blvd, N. #406 34103 64B.6891 1 - 91 9 EIDE- 'li.JIII 340 Little HerborLane - .34102 281-1696 I 59i 9 \'EKLOF----lViOle-r . 2S8aWeslCrowl'lPolnleEast -34,112 774.7i21franKandviol,et@exclte.com~ -~!., ~ EW-ER -------:e-ecKy----- -----3950Valanti8W8y----'~----'-:341~19--'~9-2:063B--1-- .-- ---.. - -- ..~---_.. ---~ u_ -5QI- --9 I~LLARO :Y.alJe-. :725 Reef Point Circle. :3410B _566-B952 ,I _ ___..L~ ELLINGSON 'Genevieve 636 Carica Road :34108S97.7463 I _ _" ." 91 9 ~~~~~-:~ii~-iir-..--~ji~ ~~~s~;eu~I:: 6t.-~%~S-~~-f~-~-~~t~{~=+~~~~9.~~~~~r::~il:net- --~~-~ .~~=~~~: (:;PSTEIN~C8ren. -4693 San Pablo Ct. :54109 :594-8696 I 91 9 !:R1CKSON iTom _---------294So~.etyC~_-._~~~5 .394~_O~__p~:!...~~~~~r:,~~_~_____ 9j__" 9. EVERS-'A1me & Robert - S600 Naple. Heritage Dr. #524 '34112 '417.1256 rlevers@aol.com 91 --9 FAIRBROTHER ;Psi & Bob '60S Regency Reserve #4201 :~119 352.8S'il5 I --- - . --~~1 9 FARRAR ~Ruth. - 3115 Gulfshore 8lvd. N#207 '3-4103 &49_8157rbfarra~@comc;;!st.net _~ ~-e FENT::>N Slepha:11e__ 6135ReserveClrele#1803 34118 '353.2379 lerfenton~eol.colTI ~ 'il F=:RRY John":'- B415-.EXC8ilb"UrCr.,-------::=~108 ~3-09B8 ~==~==----=_ ___~L -""9 FEUSE~ ]Hart?\d-. 2383 Mayfield CL 34105 263,7579 hlfeuser_@earthl!nk.net ~_,_ -~-~ FIKES 'Carol ?46 Glendevon Dr. ._34105434--6'~8 Ihtflkes.~eol,com _. -~~~ FINCH Curtis ___ :79B4 Grand Bay Or, .' .,3410B 591-0963 'candjfinch@aol.com _ 9: 9 FINE iHelenB 49iPIT'le~Ave - d. - ~10B- 513.089tf I --..----- - ---gr-Ug FITZGIBBON 'Jack .~025TigerCove #305 341'3 821.3696 1 9~.~ FLEMING Shawnle __. 11608 Crayton Rd, :3-4102 '436-3746 I. 591 9 FUNN ',Charlotte ~. 1045Colllar Center Wey 34110 772-321-077 fllnnCilariOtte@Nshoo.com. .91-9 FRANCIS luz. &--8til-~'--'i28D-snver-p-iilmPl~"--!34'W5-1'13-=1-22a'--:---u_.___"'___ ~.- - ---9T--9 FRENCH .]Paui & Janet 4969 Kingston Way :34119254.1917 Janetrtrench@hotman.com --- -~!~~. FR~NCtl ~ell:Y ~9?_auaIlNe~Rd: .~112 .774-44-41 I __ --!-?~[-~ GADEMAN Linda 265 Perlgnon Place 34119 ,304-2429 .1gademan@aoLcom i 591 9 GANOUDIS ~_us 717 Regency Reserve #5807 34119 :455-8857 I 'i 591.. 9 GATELY Mary '1660 B SpoonbIll Ln. 34105 '643.3468 I IW 9 PageS _____.M_____________~___________._______~_____________----~.-------------------------------------------------------------------------------------- 2007 _Paid dues 603 11/2BJ2006 Lash:'.:" FlrsFI".' Address;!: 'j;,.,:)';:',:,:'.),:; Zip Phone';:;--, Emall""~. ,"'~. Mall PBciok ~EESLIN :~~!~~~,~~~rtBlde ~___~105 _~~~14~___~-~J~9L-_~ GENUNG 'Diana 2695 Treasure Ln. 34102263.2223 I 59! 9 3ERFar--~.-:Ma;:pen$'---~3-Vi8-N8poif---:----.-:341-05--.4j4:.'i04e.--r-~._~_.._-----_......--------- -'59C---9 GERTNER _ Marc & Gerry 235 ~Olonede Circle :34103 '434--6905 !BrisBman3~.1O.3@aol.com 5~_~, GERUS .:Jan 5127 Kensington High ST, :34105 6S9.0!;i94 :SJgerus!Wao\.com 581 9 GETMAN - Bee;---~-5637Whlsperwood8Ivd_ #604 "i4-"--'-OS93.-f7~-beebud604~aOf,C;m--.-..-.-- --. 9T--~-9 HORAYSR 'Ibrahim 216 Colonade Cl '34103 '403-437B I 9' 9 ~;;; !Jean .5017 Maxwell Ctrcle34105 917-374-099 lI'Cl12'28@eOI.Com 59 9 G:~~~~RG~,~~~llle. ----~~1~~~~~~~.PkWf#137-~~~~,-~~%t~1~t--.l~-~~~~!bw.c~..-----_._.- ~t--.{ GITTER :Rid1ard~ :3360 W. Crown PolnlBI....d 101 34112 417-4875 [h~Uter@sbcglobal.net gr--g ~l!.~.!.~NO -"-_ ,~.~~~~_ ___. _ ___]36.9 ~~~~.Y'!er.~~.Q~__.._)~~~ _..?:~?~9.?3.~._L__----~-.---.----"".. .. .. I. __ g.1__ 9 GDGGIN ~I!all. _m____ 7.9B 8.!entwo~~.foint __.~~!!Q~~.!.~~._~all~~.~J0_~2!Jdnet.a~!1.~t___._ ._.9~___..Jl DGGIN iGreg 241 Perkins Dr. 34119 455-7616 I 91 9 @~~gE~_~~~~;~Mary ~[;~~~e~~~'Dr, #2 _~~~~_l;~~~ _.!~::!denpOf!~~!'@_eart~'l~~~!~___~;~ __oj IGOLDMAN ,Ralph 425 Cove Tower Or. #704 ,34110 ,Sg7.~e73 I . 91 9 ~~MITH Susie :3104W.1171hst. B6211 514.3030 'susieg~kc.rr.com 91 9 e9.~~TEIN DaVid .742 Vlstens CIrcle 34119 455-2004 db~oldslein@eol.com e~ 9 ~OODMAN ~a.......-_31aOGulfShoreBlvd.N.#101 34103 '~~3.7706 I ~j _._!l I~ORDON .Martha 5921 Bermuda Le. 34119 254-9464 jean>;lord-on@com:ast.net 9: 9 GOUGH ;Sylvle 4907 Kingston Way 34'19 594-2061 1 ~ 91 9 GRAHAM :.John ,'PD Box 666 34106 403-B790 I 9i 9 ~~~~TE ~~~i; --'-'~-6~~ t~~-:'1:6~le -- ~~~- '~t~~:: : --.-- . .--'---"--'-----. - - \,.. ':i--" - .: GREIDER David 207 Bay Point :34103 434-0574 I 1 ~L-..Jl !~J~F.~~~--~~}Ohri' -- ~~'-n~;og;~~::i::rN:;:o;E~~!~~mi';I'WI.iC,"',~i~~o;oom. ~.. 5~td GUPTA Hem 817' Bay ,Colony Dr. D,2 34108 S92.7947 l1cupta@esdesign.com 91 9 APS :Watter B445jndlenWellsW~ 34113 417-8813 I ~ HA9:R - 'Judy" .-. 282 I=(j~emere We,! E -----34105 F,49_662B)Udy\1aber@swfla.rr.coni-'-' - 91, '---9 HALE Kathy" 25~51alonCt.#403 3-4105 417.9798 I -l 91" 9 PageB j~2m i~o. 'j 7D I\!;E)'" 22. 2007 1112Q,.zn~ ',J: ,f "7:'\ , cJ::!:::: ,,;J :], I::J 2007_Pllid dues 603 I Last First' Addreu Zl Phone =matl' MalllPBook iJON:;:S WIllis 2264 CarterS!. 34112 775-072:5 I _~ 9_ IJORDAN Uudflh & Peter 6361 Pallcan Bey Blvd. #.704 -34108 592-157<4 I I'-=F -~. . !JUSTER :Bobble 6225 Reserve Circla#1103 34119 455.7340 JUSlcol:lob~aol.com 9 9 ~GAN _,.___g~~.__~___....___~,!~~_!_!y~ry..~E1~"p!:__.____~~~~._ .947-~~~__Ek.!!g~@~hE9 !le!___ 91. e ~KAISER Angels*3350 Riviere Lakes CI.34134992-4743 I - - 9i ---9 -~~-~5;.~-... 1~g.~_.jJoyce~~:3031 ElliceW9~~.__..~~__:~54."73 ~I ----;: IKAPLOWITZ Kathy 460 FOl:haven Dr. 34104 213-1374 I --~T-- 9 ~~=~,._;*~I!I_---~- '---"~~~-~:~a~Sc~.1~314- ------.<~+bl-~:~:~~~.-- I~kame~~s~_~_rrco~_ _ _ _5~ ._._.~ [KAUrFMAN :Elalne 7'B53 Coco Bay Dr. :34108 S91..4n04 I ,'_~ -;;~~_ IKAUFFMAN 'Gary 1622 ChlnaberryWaY34105659-02831;l9kBl1tfman@earthllnl:.nel _ _ 5~ e ~!:!.~M~~_,_:~_~~__~_~__~8~~la6!,_p.~~.9~~__...,__~~~~~~~~1~50 l~==~======_~~~ =:~L~ IKECKLER Jim- 304 Pier A :34112 417-8741 Ilak.!ll1tfman@eerthllnk,net 91 9 !K=HQE PeggY' '3735 re:reellon Ln. 34116 .353-7915 1-' 91 9 'Il(ELLER Polly i' I 0 polly3901@aol.com919 ,K::L:._EY -- -!0~~B':____ -28231PtlehBVBnWeY~16~-I34'35 498-1120 I , =-'9i~-~ IKELLY iMarjorte 6935CarlisJeCt.C140 :34109 594.2155_~__,__~_____,~~~ ,;K-MNITZER Edward. 750 Harbour Dr. 34103 261-6763 I 91 9 IK=NNEY Pal 3300 Gulfsnore Blvd N. -34103 2.61-B122upsrream55@aotcom 581 9 iK:Ssc.-ER---cynthia-------i2'SDGreen Dolpti;ni.:n.--~i4.102.'43.4.7101 I-----~------._.,.-.-~ -'ser--'g iKETTNER IHU.", 55aa V.I" W", 34'" .565,"'. 'h""@""oo" ~. :~~;~~~~ -'~~,,'__,__'~:~~:u~::~~ "~ N "'_ ~~~~~;~';:~-i. ~. -',_,__---=:= ~.~ .__~ IKLAFFKY 'Lee" '322 Neapo!ltan Way :34103 263-6948 --.J 9 !KLEIN :Mort 254-2 Winner's Circle 34112 774-1~21 mortkl@mln.com 9 9 iKNUTSON :Karen 1542 A Oyster Catche~ P1. 34105 213-1686 kknLJ!@aol.com _ 91 9 i~2.E~~_~_.:~9.~__~__...~?~~Ollier C~~.~~.~_~.__.:~145 ~~_~~?~_)~~.~_~~~c9~__ _...___ ....___ ~__,_.9 [KOKESH ;Jeanne- 7S90PleyersSt. '341~3 ,774-2917 I .L. 9 IKOKKO !John & Nancy 295 Grande Way #1203 134110 596.0641 I 91 9 IKORHUM!:L Eileen 930 Cape Mel'U) 34145 394-0058 I 91 9 "Ki:1:0TICK 'Connie'" 745 Regency-Reserve Cir 5204 :34119 352-9'522 lewconn~jun.com -gf 9 KROUT -:Joyce'" 8574 M:.Istan~ D~. :34113 793-4525 ~ 9 1"(RUECi".cB=F~G :Bon:.le 2630 Grey Oaks Dr, 34195 263..40404 twnnleck oobox.=om 591 9 Page 9 -------------------------------------~---------------~-----------------------------._--~----------------------~-- 2007 _Paid dues 603 ~1/2B1200B Last" Flrst-'. Address ZJp Phone Eman Mall PBool: IKRYNOCK,Oee'" .501 Forast Lakes Blvd. #210 :34105 263-3324 :i:/jkrynock@naples.ne! -----t-~t- 9 ~-~~~*-----~~/~~~~ -- .~:-~~-?~~~~~; 1~lr:~~;.n' --:~~~.r~~~~~~~-upper1~~a"~om.~ -.--=tK-----~ IKUTZA. JE>ater 3300 Rivlere.Lakes Ct ----1?-4134 .495-5725 kutzko!']l@rn5n,com -.- -~91, ~ K\NEDAR ii:1:ebecCB 2325 Lantern ._ :34102 :';'35-0117 rkwedar@comcasl.nel _ IlaSAAGE icarol. 5069 Mabry Dr. '34112 732-5881 carohlnsdelebrtmaol.com 91- 9 ~RE ~LindBl 356 EdgemereWayN. 34105 434-6280 Ijndaengje~sIAlfl8.l"r.com _._ 91 9 LAGER Henry :460 Wedge Dr. 34103 263-4446 bwawagrp@aol.com 9i 9 ~~~~ '~i;r:.~!_-.--~.~~-~~~~~~*~6~-#3--05-----j1f~: -~~t~~~i--~~i~!~~~~O~Yahoo.com-.-- ?:: --~ ILANE :Jack & Joan 445 Couyntry Hollow G 8106 :34104 :353.2208 jl8nebl06@eBrthllnknet 919 1~~~~N__~__J~!:~r_ ~__ 231DGulf~hOfe81~"!...#~_,~..:!.~~~.P~.~5~~__L ____ _ __ _ __ __9'1" ' <..aRUSSO MBlnnne 0549 Wedgewood Way 34'19 352-1509 m8nnnelarusso~hotmallcom L 9 9 LAWSON Tom'" 2608 Fountain View#207 - -,3,f1:l9 - 0 -- I - U_ - L 9] 9 iLEFTWICH :Nlta'" 1518 Fox Fire Lane :34104643-0622 I L 91 9 I~HNIN~~~,__--------E?!I~ma~~~~~me Df.:.__------.:~~~_T!..4--255!~~~.!!~~~!'!-e!.E:slakescc.':~'!lTId V=MIEUX ;GBIJ 4934 Westchesler Ct. 3603 .34105 430..8447 I --1'-.5"9,9 I@NDH Alvin. 25741lmpallance Cl. 34135 495-1469 i I 'I , lENNEY Nancy'" 2456 Orchid Bay Dr. #204 34109514-0B12 I 91 e ~RE :Bl1nny 657~}~_~rjs.!!.loop #705 ~~~oe ~597-B7~ bunny87~comcast.net -j 91 9 IU::V!:R1NG Bob'" '1434 WIldwood Lane _ ~ 34105 263-7754 rle";ering~yah-oo,ccm ~-I 91 '-:~j ILEVITAN Ralph & Phyllis 7040 Pelican Bey Blv::l. D503 34106 592-6252 r1everinl;l~yl!lhoo,comphyllis.ievjla 59! 9 ~FTON Virginia. 1-:)21 Petllt Court -'34145 394--7445 'vIlfton@comeesLneI919 ING Joyc.s_. 6322 Tulip Tree PI. ..~~_:3.4_~~~_~r?5.1~2 Unge:::_~,~.~_o~~c:!=l_m_..____~__ _ _5~:__ 9 INZELL Arthur & Grece ",720 Wiggins Bay Dr. 1592-9344---' . 9: ~ jLlSSAUER Evelyn 5064Ven!ureCt. 34109 593-0617 I _~ ~9_ LO:::'KE Fran" 273 Perigon Place 'J.411e 352-6564 locketrllnces@aoLcom 9, --9 i@'GAN~,-.-----=EC_ward;'!~H.emia-~~1~8Y Viilasian;---':::=~-- -34ioB .~~':2D1i..--jih$9~~i~~~~:~=_..~_~~.. __. ~.::::~,_-~ ILOGAN Robert & Jeen632 Brldlleway Lane 3410B 566-9714 loxio!;lsnCbelisouth.nel 91 9 1~~~Ll __t;~ ~E~jne- _.~~~:8~~=~:~~~______:~_~~~__]~~:~ ._L_____._~____.__ ___ =.5;!_~=~ ILYNCH Frank 6075Pl'IllcenBayBlvtilll901 34108 514.-2516 ! ~ 9 LYNN Ann 403 Palo Verde Dr. 34119 346-6612alvnn54170~aol.com 91 a PallS 10 2007 _Patd dues 603 Agenda Item No. 170 l' ~~~a\f 22, 2007 J2e1.oq~ '," 'r 79 rd9~....';)u , , Lest FirM Addrel!ll ZJ Phone Ernell Mell PBOOK NYKAMP 'Gayle- 26285 New Orleans Dr. S.E. 34135 947_0197 hol!ander~al@ett.net - '1 9 O'BRIEN MBry ;';13 Augusta Blvd #103 34113 ~17-2390 1 , .. --~- 9 O'BRIEN Odessa- 5661 Pared)se CIrcle 34110 513-9989 odesseO@yahoo,com 9 O'CONNOR Audrey-&Jlm 4151 Gulf Shore Blvd N #302 :~.!~~,_:~3....~34 ampoc@:aol,com _'L_9 O'CONNOR --rore. -~---3290CreytonRd ,.~103 262-043& =:r=~-'" .--'-.-.-------.---~ 59! 9 OEL=RICH ~~lt._______.~BOO Gulf Shore Blvd. N_~~;.~~~_,~03--BB~ :ioela~~~comcas!,~~~_ ~~.-" IOELSCHLAGER ;JoAnn 8437 Abbl~Q'tcn Circle. '34108 514-0454! . __ -~-" OGDEN Dianna' & Stan- 4072 Trlnic1ad Way 34119 ,594_S954atencgde:"l@ccmcast.nel _-"1_.__9 [OLSON . 'B.",,-"'''' '5767'De,",iii. L.k., #D204 ...3411"774,30B.'ol"'b2iO@eol.oom"---- " , O'NE1LL. 'Miriam' -4551 Gulf Shore Blvd. N. B05 :341041643-9895 . mlribob@aol,ccm , , OSLIN Bab- 4718VlIIeMareLn. 34103 430-0312 I 91 , PAGLIN.9-__g~~.~~,___._~415EC8l1bur .2!c1e ~J_~_,~~9!.)~"2-"s:f~r-~I==.::...--==-_=-~==~__=__~-- sgr--g PALETT AEllta &. Gino 1 085 Forest Lakes Drive #307 .34105 263-3085 __~ellta@pale!ta.us --,j--"-. PARKER Hank- 9490 Cedar Creek Dr. :34135 949-0086 hrparker511@aol.oom 1 . , PARLIN Robert- 156 Pebbles Shor.Or. #102 34110 594-9059 nfn21742iIrl:n'a-ples,net - .l.~_-" PASCAL '::::ha~ene';' 309 S'-Gaodlett Road #507A -.+-- -..- 64B-1272 cpcancers@Yahoo,com -- =:f--~ 34102 ASKERT !Joan :14840 Sulherland Ave 34119 -417-2837 :yumpxx@aol.cam 591 9 PAYNE :Suzanna" :6B49 GrenadIer Blvd. #704 :34108 594-9223 '\Iopswp~Bal.com ar-e PELKA llnge - .. - .72:3 Reef Pelnt Circle :34108 598_1829Ingep@eerthlink.net ___ J~L-~ PELLETIER'~~alrlc/a~'---'-:5DO Wyndermere WilY #-3Cj2"~341 05 ,549:6158 "-'lO~Plnequee6iacrcom--- 9! 9 p~N::::e I~ete & Pat ;1480 Serenity Circle :34110 4593-0~~~penc-=.;oede!E.h~e.net ~_ 591 "9 PENN :Sarah ;225 SlIveTl!loo Dr, '34119304-0827 I ser--e P~ri~!'JGTO~!..~.___,~~~~Ulf Shore_BlVd. N. ~~!Q.~__~!:~~~~_..-J~._~===___.___ 59i 9 PENNOCK 'Katie 1980,AJamanda Dr. 34102 '253-6088 penn08179@eol.cam -ef--g ~J'--~~lnda- 28510 Hlghgate Dr. 34135 495-692.3 Jpessoclales~aol.com 91 9 PETERSEN :Warren & Helen 463 Pale Verde Dr. :34119 353-1667 ~etersen~'JJ!la,rr.com _~~I 9 PETERSON :Rlta- :.2625 Estralla Cl :30410B :59::"'6682 rttapatep~eal,cam - 'I 9 pj'ERCE IAnne- .. !4-649 Lakewood '34112 :714-476-2 I' ,.. ... .. --_..._~- , T " 9 PIERCE iDen- :3215 Gulfshare Blvd. 34103 ;649-8959 snex98@char1er.nal 1 " 9 PIERCE "1~1 ,;12944 White Violet , :34119 59-4-2247 Jrppp~earthllnk.net I '! , PODRA TZ iRcselyn -:1779 -Momlng Sun Ln :34119 :5il6.5414~" . 591 , POLAK JRosalyn :134110 Sl N 34102 :213-0876 ragi:"lgworker@yahce.com I--t- ' OO:"E IClarlce 960 Kings Way :34104 !B43-5M1 irnrsceptjess@cs.cam ! 9 9 Paga13 Z007_Pald dues 603 11/28/200a Lasti;",,';.'c;~';': First;:.' Address.. Zip Phone ",~,:~..." Emall, :'.".J.,\, Millt P'S'o&k ~. OW~S IC~arm~.Ine' & JIm :S60_1.I.urtle ~~y D!:E~_-----i~!98 :597-~~65 1IP:;spi!.=-amcast.n~____+~~ _~.ZO .__---.J~~'!I_~,I!__-.--J~~C?~spolntwD~~.107".__".~,~~g~~-~?~LL ' _ .~~L._~ PRATT :.~~Ike... & Falllenne. :2....8438 A1lessa Way #202 :34'35 :404-0698 mlkepratl@comcast.net9!9 PUCKETT !~~,:rine__._14041_~~11 Shore_~!y~:.~_905 ;34103 163-3623 I I 91 9 PUTMAN iFlorence' '5601 Turtle Bay Dr, #101 :34108 597-1819 IfIpnJp@comcast.nel r 91 9 ~8BAT :Kamal- - . 42".fo LoOking GlaS! Ln. #5 :34112 775-2481" 1ucie@naples.ne1 .. -. l 91- 9 ~EDD1NG 'Anne 604 Augusta Slv!;!. :34113 ,774-3342 golferenne7@aol.com i 591 EI IREI8EL Karl' Ll-47Charlemagne8lvd. :34112 7a3-813~ - 1 91 9 i~~~~:RS :~~~::. Patricia i'i~~- ~nu:~~:~~ B~~~ :j1~~'-'~~~~i--r-----"~'" --1~-~1--{ ~l~~;;~_,J:~~_____J;~~ :~~~:~;! #G3!',L.~~;:, ~::~~:JOhObOb,b1~:=::L"t __ _: __:( __ ,: RiCHTER ,AnIta ,519 Neapolllan Way 34103 281-178B 'enlt!.1211~ao1.com ~ 9, 9 RIEGER ,.KathrYJ-,---- :.591 Audubon BiVti.'#102 8 '. 34.'-11'0" ..596--6244 ,ccrieger@-msn.com- ~2 -9 IRDACH :SuzennB '4941 San Pablo CI ::34109 596-2550 'suTOe:::h@swfla.rr.com 59 9 I:g~~~~~ ---jroi:~ ---i~}:5lG;~i~a~I"#C131 _-m-~t~: :~~:ni~-t-~---_.._--~~=1-~--; I~DS:;:RTS iMary Ann :4551 Gulfshore Blvd, N.#1006 34103 :262-3488 marvann@naples.nel I 591 9 L~D8ERTS ',Natalie :231 BenlleyDr. :341'0 '591-2261 I ~ r~g~~:;~:~:~~iOJ~~~~:~~Ji~' ~~._-i{t~~~.,:~~~~~~~-+-._.-------~._...--I.-~l-_{ ROGAN :Jo' 7103 Naples Heritage Dr. '34112 ,530-1379 I I 91 9 II3DSEN pi,!nB :3680 YakobI In. ,~119 ,591.1206 dlangartlaver@hotmall.com I 91 9 RO?IAK .~~!~___.___.____~~!..~!!I-~der ~te Dr. C~~_.;3.:4~9~.~04-81~s~~iak@~!'.eyh9Idin~~~~ mc-~L~ ROSS gelh1e '2170 Gulf Shore SI...d.N, Apt63 ;34102 262_5190 ;ldavldrass(Q;lacl.com _ 91 ~ RUBIN Sugar"' & Sam .723 Courlside Dr. 34105 649-4673 srullln@s'JJ!la.rr.com 91 9 SAEZ Maria 1451 Murex Dr. :34102 403-a934 euxlq@yahoo.com sal B ~~~l -.=:=:=-=-:~:~~f9~~~~=~--~:~1~~4~~:~~~~~ ------ ---t~t~ ~ '~~~~~{~-.Ini~~~oi".c?_m'--~~__.__ -. 5:F---~ SAMUELS 'KIt & Edwan:l 524 Eagle Creek Dr. "34113 ,774-5122 kbud1227@weblV.net 91 9 ~A!'l2~~:~~rr...._._~E.! 9~'!..'"t..!~nd 91. #10~,....~}34~~~_~~!'_~~~~.:!..t!!.~.~~~!'0~~t.n~~ __ - BI__..Y i?AUER .MYT!':I."-~.!::1~rt 2151 Gulf Share Blvd. N.#20e 34102l649-7320 :mcseuerjrll!lmlndscrlng.com al 9 ISAVITT Uanle 4021 Gulf Shore Blvd, N #701 __34103 :849-0538 Jansav@c::omoast.net 91 91 Palle 1-4 2007 _Paid dues 603 Aa~iijaltem No. 17D c, f""2 "OC7 11/28 "lay ~ . 4. 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I lest FirsP;" Addreu ZJ Phone Emall MalllPBOok /STURGES 'A11na 313 WIldwood In. 34105 543-4248 I 9 9 jSUEDHOFF . ,Carol. _ 5555 Heron Point Dr. #2101 ;~10B 597-7197 I ~ 9 I~~~~:~~__~~:~~:rle ,_~~~;7:~r;,::~~8Y_..___~~ ~~:_~~~~~~~--~:.~~-~:~'.~~= -.-----. ~.. -.~.;--..=~9; SLITTON Betty 128 QUlIlI Forest Blvd, .34105 261.1391 I S\I.....EET :Chanes '244 SpringJine :34102 ,649-4807 i ~-g SYDNOR :Carollne~ - ,100 Glenvlew PI. *3:J2 -3.;108 '513.1328 I aT----a CrE2BAGY :Ken -.. _ _.__ :3946 RUlcton Rd, on 34116 :304-1440 ,kteeba~y~sWfi_~E',99.I!"____.___._ g', e rrENSFELDT---->-cc;r;--n~- 4770 Aston-Gerdens Wav'# "54110' ':S97~j449 connlelen@aol.co:n .--91----9 ffHOMASSEN PatriCia~ 2923 Deer Valley Dr. 35741 _L I _ ==--- ~ ~HOMPSON :~!!an_.. __. _~_'15~ VII t-.!.~o~ ... ou~_.~105.~30-.~?~~_ ]mthompson@swfls.rr.com 91 9 @g~~~~~:~~~~~~--- ~-_.-j~~6G~e~~d~~~~JP'~~--'~- ;:~~~"'~~i.'~~:~ =T~!~rnE.:ln3~~~~~~~____.~ j;~r=--~:~ rrlGERT Don 2011 Gulfshor-e Blvd. N, C.C.#2'34102 403.8758 jdtigert@earlhllnk..nel 91 9 WoM~ANE ---~TaE;~~'~~_-'-~-1~~-lk;~~~~~#~ay~~~{ft~~~-i==-==-~-====:~= =~I_~:~' ~OML!,,!"SON :Jen!ee 131 Ivy Circle 37006 ;435-DeS2 ,JgIOmlinsonij:h"olmaII.COm 't--t=-y. ITOUGAS ~ecky _.4~060sssb~Wey .34"9 :254-e366.' ._ ___ _L-~ tt-~~~~~~:~ianne'-'----~-'1~~:6;s:~-;;Way'" ---..~----...:~~~: ~~~~B~i~ierre331@YahOO~Com-----...,,=~ '~i--=J iU}3'~~.'_;~'hl1~ &. .~~~~_.___1a33 Tarpon Bay Dr, ,?..:.__~_:34~__S14-4aS2 __ejturk~~llnk.net ____:bi __~ ALENTINE ,'Loluse 6400 Naples HerJ!~ge Dr. _.. '34112417-8738 i '. i 5~_~. ~~V~~~DER ~h;;.&R;;",.--g~;,N;;~:'~2f;'~"803- ~ ~~H:::~m-- t-'---,-----.. ++-- : vAN H_~~,g~.~!ce~ &. E. H. Ven' 100 South Collier 8M. #1 ~23 )4145 .~2.5464 ~~~rcocable~__r__~_~ AN POUCKE'Lynn :30 Cypress View Dr, :34113 775-2015 I 91 9 ~N STONE :julia~ --.-~-Costa 8rava-Court--'-:3410S'594-B030 ]-------.------eT---...s "~R~' ,~:;..M'---;;;~~:~:,~~~, .....-~._~~~ ~:;:::~~- :~;=l~:::~ "m__. j~f-~ fv1~~%~--~-;~;,.c;;.--mm~~~~~..d,,1___-"~+;: ;:~{r.~-_b~~:~@~~,}:w"o..-,--_=:_ ~f--: IVOU<.H!:.IM:R :Joan* 980 Cape Marco Dr. #7De ,34145394-1563 I ) 91 9 lVoN SCHROETER :immo & Mariettl!l 2910 Cypress Tra:::e Circle #20 34'-1e-:593-65~-i~~----'------'-- --T-ai~g Page17 ---------------------------------~------._------~~-------~-------~----~-~------~------------------~--------------------------~-~------+---------- 2007 _Paid dues 603 1112612006 Last First Address Zip Phone Ems)!" . MalllPBook ""ADDEll 'George" 502D Cedar Springs 1'.'203 34110 566-3595 1 ! 91 9 iwALKER--- Gordon-;- --- 2402 R~enna8IVdi261--i3i1-09--596__77~- gwalker"4oo@comwtnet----II9j--9 ~Al?ERT --~Fe;:ne' ==-~-6.;-oTa-~une-RoYBIe-===-~1'9- 304.9682 brownleluv@aOlcom- -. _~ - 9f~-'::"~ IWALSH Arthur .fl54 ViniGlge Reserve Ci~cJe 6A '34119455-3933 i i. 5L-9 ~~~T-E--==~~me -=-~.~j?~~~\~:~:~9~r~1~~05 -~~~~-:~~~f~.~ .iIWarbIB@Wc1.Vw. '~~m=:-~Y{'.: -: WARREN 'Psi & Bruce '2200 Queen's Blvd, '34112 530-1456 bwarren1@emich,edu .591 9 ~'VAn Tom & Sherry 14350 Bristol Bay PI. #108 .33912 -701-666-502 i ---~-r59! 9 lW!:AKl..=Y-AC.~ .~4i6DAstonGart!en5w~3410e-5S6-6830 I ---T---g;-~-e iWE~==_=-:G~9~[~=..~~~~=~~~~i~.9"foWTi-Pl91~;d:----;.~J.ij~7s::a5of.--.r.--------.----..-.==:..~.T-91 "'-'9 rJVEJNER ILavida 9025 Whimbret Welch In, #201 ;34109 -'598-2956 ! 91 iii IWEISSMAN GIOr;a;--.-~6171Hickory Blvd *B~'34 992:i85~bridl;lewlthl;llona@:.omcasl.net~- -91-9 ~r\lELCH---------'Norm-iMa:_g.or-----i.496aCoiiier-8i;d'#ii29---"~ :i41i9-J52~0144"'-'I-"'- .-.. "... .---..".- . 'sT""""e i~~~T :-=-unice----.--..----;-!i6 AmbieWood-~--.------.'341o~5"4.34:-0728.--Mori.5jaol.c.om---.--.~==~_= --'9!"-~g ~JH;TE Q~.Y~!~~!I!~~8ox.?33 ~__;~f_~?~~~0070 I ~__________~,~~ 1~~~C~--.~~~~.M.ary-i:ou0:~sPf~~~~~----...-~-.-~~~ ~ ~--i~ti6b~----!~~~~E!@~~~.o~.,---."--.-.m-.-.l---.~t-.---~ WvtLHELM Janice. 633 SolelJ Dr. --34110592.1948 i. .. 19i-g ~LK I.\ar:!.~:"""_ 1580 Royal Circle ~~--~l1j-'73~E.~7 .~rthaWilk(;1aOI.~om.===-J--91 __~. IIlll~~_______!l!!.F!itzl__~__ ~~,~!~E1E.!.~~EE'~~_O.l.n_I_____m._~.~ 1 O~_._~~~22.~~--.!~anwl~~~s_2_~@~~~~I!!__ ~_.J__~..._..9 "JllLlAMS Edith 3300 Gin lene 34102 261.0140 I 9', 9 ILlIAMS Joann 6520ValenWayC~-~--341:lB 591_0372 jmvsavoy@eol,com~.~g i~~_~uzanna _..____~?Egret'& Run #201 __ 34108_.:?~0406i===-------===-_-=--___=l_~: 9:' ~:~~~~;:::~'-. ..'...... -Hif~~Wffi:~~'~,';Z. ~-~+:~jit~m --;'.;;;nannw,;;ti;@",i:OO;;;~~": lu 5:1.. ~ ~1~~.~.~1ary_ ____...:3063Horlzonla~~.------.:3410tl 594-255~~E..mary~ao:,com __._L~~_~ lVVlSEMAN Paull~8>, 1.001"Eilsti'lam vvsyc::?oa , 341.04 346-1931 . _m __.,,__. _ . 59! 9 ~}j.Y _.-.'-==--==I~~!~(_ ___.~..11aa ~L1~~:o-re)~I~~.~ ;01,'. .:34103.~~7706 _.'m8rmar101@~~fui~0.~.___ __ __ _~!~._~g rv..-':TT= _~__~_~,55Car!lsleD315 -~34-i'69 :595-0223 deewli-te~comcast.nat__._~_~ ~!:!::'l~__~~ertrude _ 261 Oual!WesIRc:!.'#6___.34112 ~~0401 _~~~_______~___._ ~_~ ~~[~'~-=='~i~~~S~ . -.. -- ~~~~~U~~i~I~I;:i:~---- ..-..----~~~~. .~~~~-..-'~bworl~.srthlink:net -- - .m_..l---~i-"--- ~ RIGHT Sllli)'"' 46870s&sbawWey '34119 591-2726 I I 91 9 Page 18 t"\gsnda Item No.1 I'D May :.2, 2007 Page :)8 of 79 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 Percentcge of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, lis.t all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subiect property acquired i:8J leased 0 Term of lease Aquired Date July 25, 1980 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 APPliCATION FOR PUBLIC HEARING FOR CONDrTiONAL USE - 4/14/03, rev 5/20/2005 a supplemental disclosure of interest form. ]t211l ~~(). 170 22 2007 Pa~je 39 of 79 PROPERTY LOCATION Detailed leaal description of the properlv covered bv the opplication: (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 111 to 400' scale) if required to do so at the pre-application rneeti ng.. NOTE: The applicant is responsible for supplying the correct legal description. if guestians arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 29/49/26 Lot: N/A Black: N/A Subdivision: 335500 GOLDEN GATE EST UNIT 30 Plat Book_NI A Page #: N/ A Property 1.0.# Folio 38166600002 Metes & Bounds Description: East 150 feet of Tract 75, Golden Gafe Estates Unit 30, per OR BK 877, Page no 42, Collier County Florida SIZE OF PROPERTYl 150 ft, X 590ft, = Tofal Sq. Ft. 89,000 Acres 2 ADDRESS/GENERAL LOCATiON OF SUBJECT PROPERTY: 5865 GOLDEN GATE PARKWA Y, NAPLES, FL 34116 ADJACENT ZONING AND LAND USE Zoning land use N E-ESTATES ZONING S ROW E E-ESTATES ZONING WE-ESTATES ZONING RESIDENTIAL GOLDEN GATE PARKWAY RESIDENTIAL RESIDENTIAL Does the awner of the subject properly own property contiguous to the subject property? If so, give complete legal description of entire contiguous properly. (If space is inadequate, attach on separate page). APPLICANT OWNS NO CONTIGUOUS PROPERTIES. Section/Town ship/Range / Lot: Plat Book Block: Page #: Subdivision: Property I.D.#: Metes & Bounds Description: APPLICATION FOR PUBLIC HEARING FOR CONDiTIONAl USE - 4/14/03, rev 5/20/2005 Aaenda Item t~o. 17D - May 22, 2007 Page ~O of 79 CONDITIONAL USE REQUEST DETAIL Tvpe of Conditional Use: THIS APPLICATION IS REQUESTING A CONDITIONAL USE ALLOWED PER !DC SECTION 2.04.03 OF THE E ZONING DISTRICT FOR BRIDGE CENTER (TYPE OF USE). Present Use of the Properly: PROPERTY IS CURRENTL Y USED AS BRIDGE CENTER, ALLOWED UNDER AN EXISTING CONDITIONAL USE RESOLUTION 94,424 APPROVED JUNE 14, 1994 EVALUATION CRITERIA Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10.08,00. of the Collier County land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommend ation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditionol use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable, Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): REQUEST IS TO EXPAND FACILTIES AND PARKING FOR EXISITNG MEMBERSHIP AT A CURRENTLY OPERATING FACILITY. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: EXISTING INGRESS AND EGRESS WILL BE MADE VIA GOLDEN GATE P ARKW A Y AND WILL' NOT CHANGE BECAUSE OF THIS PROPOSED PROJECT. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/J4103, rev 5/2012005 c, /\,Jen~;3 :tem No. 'i 7D Describe the effect the conditional use will have on neighboring properties in relation" i,l'hofse'c/()7 glare, economic impact and odor: . F'age 41 Jf 79 THE EXPANSION OF CURRENT OPERATING F~CIllTY Will HAVE NO IMPACT ON NEIGHBORING PROPERTIES. All ACTIVITIES ARE CARRIED OUT INDOORS. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: THIS BRIDGE CENTER WAS DEEMED TO BE COMPATIBLE WITH ADJACENT PROPERTIES UNDER RESOLUTION 94,424 APPROVED JUNE 14, 1994. THE PROPOSED PROJECT WILL NOT CHANGE THIS. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. Yau 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 oelilions on Ihe subject orooerlv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? _NO Additional Submittal reauirements: In addition to this completed application, the follO\ving must be submitted in order for your application to be deemed sufficient, unless othervvise waived during the preapplication meeting, a. A copy of the pre-application meeting notes; SEE ATTACHED b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8'12" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), . all existing and/or proposed parking ond loading areas [include matrix indicating required and provided parking and looding, including required parking for the disabled], . locations of solid waste (refuse) containers and service function arees, APPLICATION FOR PUBLIC HEARING FOR CONDiTIONAL USE - 4/14/03, rev 5/20/2005 J\genda !tern No. 17D r,,'~ay.22. 2007 Page 42 of 79 . proposed locations for utilities (as well as location of existing utility services to the site), . proposed and/or existing landscaping and buffering as may be required by the County, . required yards, open space and preserve areas, . location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); SEE ATTACHED PLAN CONCEPT PLAN WITH PARKING/ LAND USE MATRIX, c. An Environmental Impact Statement (EIS), os required by Section 3.8, of the land Development Code (lDC). NOT REQUIRED d. Whether or not on EIS is required, two copies of 0 recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall Identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Deport';'ent of Transportation land Use Cover and Forms Classification System. SEE ATTACHED e. Statement of utility provisions (with all required attachments and sketches); SEE ATTACHED f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; SEE ATTACHED g. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); NOT REQUIRED h. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application, Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1 200 Goodlette Road Naples, Florida 341 02-999B Phone (239) 435,2122; Fax (239)435,2160 SEE ATTACHED DOCUMENTATION (2/15/06) FROM POSTMASTER i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. SEE ATTACHED DOCUMENTATION PER PRE.APPLlCATlON CONFERENCE. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAl USE - 4/1 4/03, rev 5/20/2005 (i) Item ~Jo. 17D rA2v ':::2, 2CJCl7 Paci'e "-1.3 of 79 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 3q 1 04 (239) 403-2400 FAX (239) 643- CU_2006,AR,11034 PROJECT #2006100015 DATE: 12/27/06 NANCY GUNDLACH COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 6968 CONDITIONAL USE PETITION PRE-APPLICA nON MEETING NOTES & SUB MITT AL CHECKLIST --.." Planner: ~0~ 0uMl~ Project Name: S '~j.d"d'^O~'o"~ S8(QC:;' &a:le r~t@~ ~PPlicant Name:JOSS ~r\~~ If--=?~Jhone: 2?0 - 2rP/- 22C)O Firm: Gl1 ~ffibOre Rtii- Et:l_~ct-,lnc. o Current Zoning: E - fl:;nfG Owner Name: ~ " r- Owner Address: , Phone: Me 'n.gr+ft:~dees; (a1aCh~~~ ~ ~j. NOTES~\OJY\V1A~ 25I1)JL 0 tel).. * ~ .~,.u/VI""b' :;'V5<A{I-r" TIs, oe. Ie.. 6~ 9'''..'...'''''0 t:;,:x,>",,,,-&,, US<r.f E::x~"v~",,v ; .1,:v C+Jo/~" To ~,~,..,. u'\"'L. ,,+ ef.....; ?~'7' 5 "'~M\r c-"I'" !.c.TCJ;::> C":::::..c:.~L-os'C *" I~<;'{) t=:"v.;. ~'E..'''-iS - :"D. .4 , A. Cc.G:~'?' 13<.<: 1?cvr~ . S~ , 4\G~a.~,ff )1:4-~,X"\"'b5 ...,./) 'P'LA........ Q). +--Ccrr'lf Plan,,'I"j- No Isives ",-,itL-. CdJ.'p) I->owe.ue.-, ('lv+--e- L.Dc.. IO.O't,co\f". arpec<'s +0 ~-<-e.+ r'€ '6~ . _ . a A lfNU,Wd C'J~t o,~ {\~9 ~q. ~r 1?,6 'D SK.'S~a/~~~ ~Igy~} I~~,j. '""G~.LS: I&., \i\\\'\<J~ ~\~. G.~"\x.~ l.'\tt,.. ~ 11'3 b\ I \ ~I\ Y[Q9<,i"\5t ,I'v\\\!\ \,"1\(\'\'11 }v::;' 2N vJ1tll, ~CJ\:..W' 1 '7'1.A~~ ~.-ryt7;;: R"1J~~""aJ2:n.JI#E"A-....-r-_""1\,'.o~,^ ~r:'A.i.l7"UJJh'_ ::=:::t'h...A ::...~.V"I~~u ..J../_.J .ICL::'AB:4 a,4o.k",~ AGenda item r~o. 17D .... f.,,1ay 22. 2007 Door C of 79 CONDITIONAL USE (Clil APPLlCI,\TION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION, NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: / Cover letter briefly explaining the project 1/ 20 x.. Application (completed & signed) (download From website for,/ 20 X current Form) ~ 'Additional set iF located in the Bayshore/Gateway Triangle . xJ Redevelopment Area) / 1 . " Addressina Checklist signed by Addressing .17/1 1 "'\., PrepApplication meeting notes v/ 20 "\J Conceptual Site Plan 24" X 36" pius (one 8 ';' X 11 copy) ,/ 20 ,t; Copies of Warranty Deed(s) :./ 2 XJ Completed Owner/Agent Affidavits, Notarized if 1 Y7 Environmental Impact Statement (EIS), and digital/electronic copy of "K EIS or exemption iustification / 4 Aerial Photographs (token within the previous 12 months) ,/ 5 'k' Statement of utility provisions (with all required attachments & ~ /xJ~ J sketches) 1 Traffic Impact Statement (TIS), or waiver .1L 7 ""S<"" Historical and Archeological Survey, or waive( /?'" I 4 "- Copies of State and/or Federal Permits _ \"1- ,/1 ^^" ( V \1)11 "2- Y.... Architectural Rendering of Proposed Structure{s) T 4 Electronic copy of all documents and pions (CDROM or Diskette) \/ 1 X Letter of no objection from the United States Postal Service. \/' X Contact Robert M. Skebe at (239) 435-2122, - 1 ~t?.s-07'r;- ..p. /R..('/9- ~5 I?c;v 't:?(!~RL- '$'1 ~LIt. 6 . -- .. ) ;< fJ/j\ Applicant/Agent Signafure Date 2 A:}s~.-Ida lien: i~/J_ 170 22. 2007 PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: ::0"2945 of 79 Comments should be forwarded to the Planner rior to the due date SCHOOL DISTRICT (1 PARKS & REC - Murdo Smith- SUPERVISOR OF ELECTIONS- 1 UTILITIES ENGINEERING Zamira COMMUNITY PLANNING I (1) Deltoro- COORDINATOR - Linda Bedlel BAYSHORE AtEWAY TRIANGLE , REDEVELO ENT Executive Director Communications Towers Onl MOSQUITO CONTROL NAPLES AIRPORT AUTHORITY COLLIER CO. AIRPORT AUTHORITY FEES: ~ Pre,opplication Fee $500.00 (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre- application meeting will be required.) ~/,G ~B i $4,000.00* $150.00 $300.00 $760.00 $363,00 Application Fee Fire Code Review Comprehensive Planning Consistency Review Estimated legal Advertising Fee - cepe Meeting Estimated Legal Advertising Fee - Bee Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Doily News). EIS Review, if required ~ \~ o $2,500.00 *$1500.00 if filed in coniunction with a rezone petition OTHER REQUIREMENTS: o o o o Applicant/Agent Signature Date 3 .Sep 38 06 10:26a _J~f23/208G B3: 38 Collier Co. ~.~ 239-261-' )1 ;4l.r ':' :0....,3 ...c. ~...r~ ~ ...",;l'!l6S- ADDRESSING 941-65.~-5724Agenda Iteml~0.17D' GI1.FSHDRE ENG . ',"', p Iv1av 22, !?,ac!r ! . ""$'~ .!l.:Z/",3"9 ~ T~~ ~:~,I, '.,....' '..,/ ADDRESSING CHECKLlS'l' Please complete the following and !lUbmit for review to the Ad<hessing S<::etion at 2t:oO North Horsos~ Drive or fax to (239) 659-5724. Not all items wiD ""01" to <!VCT'I "roiect, Item. in Mid "'p. arc "",wred. Co:rnpleted addressing checklist is requited at the Pre-Al'plication meeting. 1. Legal d=rlptiGn of sobject propc:rty or properties (copy o[lengthy description may be attachel!) 7/{~ {;AIr I5b Pr ..,.: 7i:.4cT 7.s: ~-:P.-'I1 ~ &;;.,6r I5wr SO IU, ~/l.~ ~77 ~ 4. E-L . 'Z.q-u.~'" C. I 2. Foli. (l'mperty ) number(.) of above ( tach to, Dr ar.<ocigte with, kgal de"cripN(]n if more tharn on") ~51 t;U ,,?'~ 'l 3. S=t address or a<ldn:..es (as applicable. if weody assigned) S13C,S ~P"..AJ ~71':. ~~ r 4, Location map. showiog elOlct location of project/site in rellllion 10 """",sf public road rigltt-<>f.WllY Caltach) - 5. Copy ofsurvcy (NEEDED ONLY FOR UNPLATIEDl'ROPERTlES).IIf/A- .e ~ 6, Propl>sed ~'eclnsme ij'appllcab/e /! t; I!:. 4::Nr€L. 7. Proposed S. C/mlCS (ifapplicable) 8. ~~;D""'loprcen1 rUm Number (FOR EXISTING PROlECTSlSlTES ONLY) N/II- . 9. Petitioa Type - (Complete a separate Addrelwing o,ecklist f", each Pi:tition Type) DSDP (Site Devcll>pment Plan) 8 SDP A (SDP Ammdment) SDN (SDP iDsubsUmtiol Cbsnge) o Sll' (Site Improvement Flan) o SIP[ (SlPllnsubstantial Change) o SNR (Street Name Olangc) . o VegetationlE><otic (Ve!} Removal Permits) I&l Land U~ Petition (Variance, ConditioNol Use, Boot Doel, ExL, R<:7.onc, 1'00 te:zone, ete,) o Other. Describe: o o o 8 o o o o rPL (p11IIlS & Plllll. Review) PSP (pre[~ Subdivrnon Plat) FP (Fmal Plat) LLA (Lot Un" Adjustment) BL (BlastinG Permit) ROW (ltight-of- Way Pern>it) EXP (ExcaVlllicn Pcmtit) VRSFP (Veg. Rt:moval & Site Fill Pennit) TDR (Transfer of Development Rights) 10. Project or developm.....t nem.. propl)!icd for, or aIroorly appearing in, condominium dooumems (if" appIlcsble; indicate whether propos..-d Of existing;) NAp'.&t !.YVx.& 6e.NT6/Z 11.1'1= Cbed; One: ~ Ch"}'I".1",t i. to be F""ed Back 0 Pasocally Picked Up 12, ApplicaotNIUIlEhorJ.' N.4~ 1)1:; !Jiir;"J"& PIton. "7~/--z.2"l() Fat< ozt; /- t::~~ 0 13. Signature cO Addressing Checklist dees not oonotitutc Projec:t amilor Street N&ne approval and is subJect to further T'CvlCW by the Addressing Section. . FOR STAFF USE ONLY Primary Number :'i 0 ::-3'::; Address Number COt 0 (J.. , '" Address Number Addres.. Numbor 'ApproVed by i:t~_~:.,..J ;-./1 _I r .'t...A)"';,CL......... :::; - r r Date. \ - L~ --Ol~ r::: '. 22 ..- - J"O .:" E Q) " <C ~ .."",., ... ~ ::J Q) ~ == ~ .... ....f.jjj ~ ej .... ~ Q. 0.. < I :J ~ ~ . ~ ~ ~ = r;/j Z ..... Z C-' ..... 1JJ. -S:. -L \L s::: - Ql l.s: ~'-.) Ql > Ql o "l:l <:: o ..... 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'. :.:. ;" ...... /,'. /,/ i;?~;::;;::;;:;:?::::;;:;;;:; ;~:':\ / ,t:0;~~',1,~,f?p:QDQ:e ~ EO ;12 5 , 2 IJ' '0 ';10 ;~:~j; {~$~}fij;t>. ,3Et.;f$j~~r~;f3:%~%t::@%;~:i;~i:~::<:;;<' '; :":/~~~~ __ ,,;>;, 0' .' /'/ " .. 0'/ ' ./ ,//..', ';:./'/:> /./..// ,,,mOO>9G""H~.. //'J.Sf111J.Nl1S"// ~.~'f~;iff~~t!~~ffi"'~!tf~' /A:5d'~... .. ..... u/!;'::Q/:)I~Qw.'~:lomJ 1f1f'I..'.Jl6~1I . -4 Details ,Ei'gel.oflJ hi~aif 22 ':::O[i 7 :Jrl-'l1~ <'0 c"{ '79 I _:.-";:; ""_' U, , j~'~~p~rt;R~~'~-;d'----l.~s'k~t~h-;~--l".~,,_._,_..,.,_ ~ 'EI Folio No.1138166600002 Current Ownership Property Addressll 5865 GOLDEN GA TE PKY ~ Owner Namel NAPLES BRIDGE CENTER INC Addressesl 5865 GOLDEN GATE PKWY cityll NAPLES II Legalll GOLDEN GATE EST UNIT 30 E .1 150FT OF TR 75 OR 677 PG 1642 Statell FL Zlp1134116 - 7458 Section 29 Township 49 Range 26 Acres 2.34 Map No. 4629 11 Shap No, II 335500 75 24629 335500 1 I GOLDEN GATE EST UNIT 3D I SINGLE FAMILY RESIDENTIAL 1i MilLaflO.Arnl 10 '""'a ~ 12.4374 , I Sub No. II ! I 1JU~eJ&M II I i 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value II $ 273,780.00 II Date I (+) Improved Valu. II $ 250.989.00 I I (=) Market Value II $ 524,769.00 I I') 50H Ex.mpt Value II $ 0.00 I H Assessed Value II $ 524,76900 H Homestead and other Exempt Value I $ 0.00- (-) Taxable Value ! $ 524,769.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Book ~ Page Amount The In~ormation is Updat~d Weekly. http://www.collierappraiser.comlRecordDetai1.asp?Map=No&F olioID=000003 8166600002 3/17/2007 Z:\2007\0199\2007-76dw g> . q L.,"on. 3/8.0007 10,3646 AM '0 Ii . H18934 -- ,-.j:=:;' _ ,="..~ l.t') :: >. Q) (J) ro:on __ ro -2:Q. ro " iii :on ~ Ii , , I , J .il 1.1 ~ :---. ~( ,I i -----J /...1, : fIr. III ~;, I -.......j .. "- i: , ., , J I~:":~ .~. I. \t; 'l\-- " : ! ~ " , -'\ " I ' i..... " ! i. it . I ,\ !! 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A, n, tit D/ thr CountU Q{ Co1I1~r ami Slczlr of Florlda pltrly of Ih, ftl'll pIII'l, and lUPUS SRlDOE aE:N"t'ER.~ !NC. wAltst. matlinR addrrn /. 1400 Gull5b.OJ'ii Boulevard, Suits: 214t :-.la:plolt of j'h~ C.ountll 0/ ConteI:' and II,,,,, ul tlortda party cf ("~ ,rrolld por'. 'WItn..~, lhQI fhr mid lJ>rtr!1 oflht flrs't pqrl. (IIr n/ld III rDfflidunlltJrl a( tM:um tt( nO.GO l)f1!1.tr,.lJmi Hfhrr "~fld and tJr1.tuabtr co/l,fdrNl/iollZ 10 hlm in nrmJ pard, Ihf' rf"I'ript wMr,ul i, hrrr'bfl C1('J.:wJwl. edg..u, ha II f}NJ/lI,.d, burQHI'nrrJ. ,"/d r.uHf ('rlfWrllrct, end b~ Illr". prtl"'flb rlllb.erab~r(uU, bnr. o ll'U. '1'11. ro.wl'U urHl l"f)llflrnr Huh) th, '1lid flllr1r III thl' ,rl'llll.l tlvrt (llld thel..t _ ltfl,.. Q ul UU~'r:rfll {lutlJrf, ull jlHrJ rl'rlw'll /ioIU'1'f"'I{ lu~ 'WIIlO cmd tlt'll.g itl 11". r:nu1dll o( COttill1" . Clnd .slat~ of Florid-I. I OIur~ 1.xl/'li(,lltnrl~d~'l'rjl)l'd fl' /1il/lJWU The Eut 150 feet o~ Tract 75, GaldeIl QaLe ElItateB. 'Unit No, SO, llCcord:ing' to pIaL lJ1 :Plat Book '1, Pap as, PubUo Reoords of Collier COun~1 P10t"1cla. ,o:..:Il\\. \l..y~~" ..;'.....,)t.\ " . "\l'~~ \'1 "W' ~~~ I:' I) 'in':.':~ l;)~\~" M~ ~ ~~ ,0 ~, QI :::lTAT::; ::tP' F'LQR!DA:'i~ " ROCL "ENTUr"ij' a~~A,~'1 r-;r.Q!R['V'lHJ./q~- I :: li;:/:~:,,&Ol~ I ~O.~~D~ !hiG is a va:ant lot, non.homBDtBad prope~ty. ,.' ",.'f~;',rp "". , ,.... '1:" '." l'ogdhtt 1I/Jt)1 (lit rh~ /t'llrlllrilt!, h,.rrdilftmrnl~ IIl1" uppur!rnallr,." I/llth 1I11rrw- prlj)lltfl~. r"flht. lit!,.. il/trrtlr and /'~fltlr, dmllrr ulld riryht uf dotl'l'"r, rf'l.It'nitJll, N'lrlaillcln' !JIll! I'tltc/lll"llt ~h~retc) btloll(1itlfl ur ill (lH~'ll:1t' apprrlll{ltilly; To Haue aM t~ 1iD~ Ihr turn,. I'll f,.f' ll,"pl~ rOft~r.. And rh,. wtJ purly (/( tlll' lir~1 JNll'f JO>4 l",HlI'll1lllt 11,111, /l,~ ,aid pal'l 'I o/lne u".md purl Ihul ~t .. r 11Il.lfllliu ~f'i:fd oflht' ,aid prl'mj.l'~. thul lht'U "r~ (ret from nit f'rtr'lmvrtlflN'. mill rhUf h< h. J t;"uocl rJ",hr anti raw. jul (llll}w';f.l' In 'I'll 11.1' Mil/H': "'HI ,ftl' .",'.{ jovrly III fhf' firll !~fl Ja( S .'It'nil/)' !tAll)' war/,(Jllt thl'- till" III .~rtitllfllld. lJn'! Il'iIl,I"!"lldlhj. A'liIli,' II~uinJ;llhl' Imrf,ll rl,.jm,~ IIf uU }H'rtnnJ loI.'hOln!O(l\!1;'~. In ltHt:ncu lti'h..~c~f, Ill" s<Jhl purty u{ 'hI' prl/ purl hoa /uTel1llta u.t hill hU/ld and mil lilt' rJll~ wuJ !lfur .jbovl' wri/lm. d d:."'''''" ,,, "'" lor".""r:~ f( /{) . .r:-o~'9(;.l~ .-" .' .... ...,.....,....,.......... .. , . ."... ( .:::::.:~:::::::~::== : ........ ..,,,, ,......... ........,...... ... ......... _ , ....... ...... ...............................:.......,.....,...... . .1-7/11. /m!nml:'l/l Ph'!'l!!/'" ':'1: In.ck W. ClUlnon ,.\,MI.IlRt. 22, ~ 7'i'as, ElI'Rl.rG1 Fl. ~3908 . .. n.' CU,2006-AR,ll034 PROJECT #20061000i5 DATE: 12/27/06 NANCY GUl\'DLACH "i 1-'- ".. .. , ..... CU,2006-AR,11034 PROJECT #2006100015 DA TE: 12127/06 ]'o;ANCY GU1'UlLACH f\genda Item No. ': 70 ~J~8Y 22,2007 Page S2 of 79 (i) AFFIDAVIT We/I, 6Prnc,rc1 '"6 r,-,,,- being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject maHer of the proposed hearing; that alJ the answers to the questions in this application, including the disclosure of interest information, all sketches, datoJ and other supplementary matter attoched 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 shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Jocelyn Nageon de Lestang, P.E, to act as our/my repre t 've in any otters regarding this Petition. I . S;f1!2.otu _ of Property Owne~ /'I I Signature of Property Owner '-/ICc.5C.<rU /Uc'l'~s f:>r,cc~ LC"f!+-' f3<:(-",~ ZI,,;.IS Typed or Printed Name of Owner Typed or Printed Name of Owner . '--1... he foregoing instrument was acknowledged before me this c:1o - day of bzi' P/1/ /'JPY. 20C2te, by ~/C/( S who is personaUy known to me ~.f'oducel) .:L H tQt/7(y~ d~/Ie/'s as identification. //NUtSL ~~~ ~I.r" R~'" . . ~ . 1'''i- . 0" 0,,, I~otary Public State 01 Florida Roberta M Uhlar . My Commission OD397182 , Expires 02/1612009 (9J.-l:ztOY)!UJ A /v (Signoture of Notary Public, State of Florido) State of Florido County of CoUier r-;; o~1!. !//fr 4/ (Print, Type, or Stamp Commissioned Name of Notary Public) APPLiCATION FOR PUBLIC H:ARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 Bonnie j<,g,"->;~~la iterTP.Erge1 IC::)f 1 22, 2D07 53 of:9 From: Joss Sent: Wednesday, rebruary 15, 2006 8:11 AM To: Bonnie Subject: Bridge Club Cond;tional Use Bonnie- lr,e US Postal Service will not require a "Letter of "0 Objection" for the Bridge Club ap plication. This morning [02/15/05 ~ 8:05 am], I was instructed by Bob Skebe that in the cese of existing addresses this requirement can be v>aived. . He can be quoted on this. Please File. thanks 2/15/2006 Joss Nageon de Leslang, P.E. Gulfshore Engineering, Inc. 2375 Tamlaml Trail N.. Sulta 207 Naples, Florid. M103 Tel: (239) 261.2290 Fax: (239) 261.5530 CU'2006'AR,U034 PROJECT #2006100015 DATE: 12/27/06 NANCY GUNDLACH RESOLUTION 07, A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF AN EXISTING CONDITIONAL USE WInCH ALLOWS A SOCIAL CLUB IN THE ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.04,03, TABLE 2, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY KNOWN AS THE NAPLES BRIDGE CENTER, LOCATED AT 5865 GOLDEN GATE PARKWAY IN SECTION 29, TOWNSHIP 47 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67~1246. Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and W1IEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, by Resolution No. 80-128, a copy of which is attached hereto as Exhibit UA." the Board of County Commissioners approved a Provisional Use for the establishment of the Naples Bridge Club pursuant to Section 14-1D of the then-current Zoning Regulations, subject to a number of conditions; and \'IiTHEREAS, by Resolution No. 94-424. a copy of which is attached hereto as Exhibit "B," the Board of Zoning Appeals of Collier County approved a Conditional Use for the expansion of the Naples Bridge Center in accordance with a conceptual master plan, subject to a number of conditions; and WHEREAS, the Naples Bridge Center, Inc., has filed Petition No. CU,2006,AR- 11034, requesting an expansion to the existing conditional use to allow a building addition of 3,500 square feet and 50 additional parking spaces; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of allowing this requested expansion of the existing Conditional Use pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code in the Estates zoning district on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit lie") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1O.OS.OO.D. of the Land Development Code; and Page I of2 A;Jenda :terTi No. 1lD May 22: 2007 Page "A "~I "9 ------- Acen:::Ja item No.1 i'D - Mery 22, 2007 P2ge 55 of 79 WHEREAS, all interested parties have been g,iven 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 Appeats of Collier County, Florida, Ulat: Petition CU,220,AR,11034, filed by Joss Nageon de Lastang, P.E. of Gulfshore Engineering, Inc., representing the Naples Bridge Center, Inc., with respect to the property hereinafter described ill Exhibit "D," is hereby approved for a Conditional Use pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code in the Estates Zoning Disuict, for a social club in accordance with the Conceptual Site Plan attached hereto as Exhibit OlE," subject to the previously required conditions set forth in Resulution No. 80- 128 and Rt;,solution No. 94-424, copies of which are attached hereto. together with the conditions set forth in Exhibit "F' attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution hereby supersedes and replaces both Resolution No. 80-128 and Resolution No. 94-424. excepting the conditions set forth therein, which are incorporated by reference into this Resolution, and that the remainder of Resolution No. 80-128 and Resolution No. 94-424 are accordingly repealed. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes oftrus Board. TIlis Resolution adopted ailer motion, second and super-majority vote, this ~ day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: , Deputy Cterk JAMES COLETTA, Chairman Ap an eg I Jeffr A. Klatz w MillIn ring Assis 1t COWIty Attomey Page 2 0[2 R-80-128 Agenda it8~C~B <.-- May 22. 2007 Page 56 'of 79 R,--,-..-!'.!EC. JLJL 10 1980 DeD rJ ..Il E SOL U T.. ION RELATING TO PETITION NO. PU-BO-4C FOR PROVISIONAL U$E OF PROPERTY HERE- INAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. w~EREAS, the Legislature .of. the State of Florida in Chapter 125 and ~63, Florida statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are ne~es5ary for the protection of the public; and WHEREAS, the County pursuant there~o has adopted a Comprehensive Zoning Ordinance establishing regulations for , . the zorting of particular geographic divisions of the County~ among which is the granting of provisional use9; and WHEREAS, the Coastal Area planning Commission; ~eing the duly appoint:.ed and constituted planni.ng board for th~ a,rea hereby affected, has held a.public hearing after notice as in said regulations made and provided.. and has considered the ad- visability bf provisional U5e 6. in a , E' zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required ?y said regula- tions and in accordance with Section.14-1D of ,the Zoning Regu- lations for the Coastal Area flanning District; and WHEREASr 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 County Commissioners of Collier County, .Florida, that the petition of Naples Bridge Club with respect to the property hereinafter described as: East- 150 feet of 'l'ract 75, Unit 30.. Golden Gate Estates as described in plat Book 7, Page 57.. Public Records of Collier County, Florida EXHIBIT "A" FDur Pages 'I _J: '") Item i'48. 1)'0 f\.1,:;y 22. 2007 PaGe 57 of /"9 .J be and the same is he~eby a~proved for provisional Use 6 of the E zoning district for a social club subject to the following conditions: (SEE ATTACHED) BE IT FURTHER RESOLVED that this resolution be recorded in the miuutes of this Board. conunissioner T1rn1,,'il offered the foregoing resolu- tion and moved its adoption, seconded by Commisser Himer and upon roll call, the vote was: AYES: Commissioners Brown, Wimer and Pis tor NAYS: Co~nissioners.Archer "and Wenzel ABSENT AND NOT VO~ING: None ABSTENTION: None Done this 8th day of July , 19 '80 BOARD OF COUNTYCOYMISSIONERS COLLIER COUNTY; FLORIDA BY: ~-e~. ........., <> '. ,')lFf] ,,\\(olL : ;::-../~/;;~. . ~"': .' : ~ ~ .' 9...2;~ "- I:> /,,; ::.2 -N~.! E~~ Q.J m ""' =2[L (1J " iii '" <{ \ \ i. 1 i \ .\ i i ! '.l .\ ' i' i i ! I i '0, . ., , '., i ,,' : \ "1 . " , t, , ,. ,.,1 "~I I \ ! '. , ~, ." ~ /. (;ir)}: t' ';,;:11- ;1 ql".' t, I. ,r:"1 ,~'. ~ ~ :." ~, \i .l' ~:~ t: .~ . , ~ II. ~ ~"I ~:; ~'.: (: .,101,...... 'c oj 'I :'," ;' 11 ~, <" . \.. ~~ l.r rHl .. ;,.;c.,11 .'ll ~ ~ "lte_., ~ ~ 1 ~1 . \J ~ r. ~ .' " ,I ~ ",' , L ~', 1 1\.1 '.:', I l,J ~~.~ ,n <I . . 1 ()~ ~ 1 If'. .ri , 1)1'\ \ (I) ) ~ '" i 1>: ~ IJ'I i' J ,., \~ ~:lti' ,: 'l"~:: I ~ x:\ ., I L " - ~ .111 I - . ~" i:: 7.;\ r, ~i\':' \0 ' :! ." , f-: :'~I ' ....\h, \:::., . . . : . .~. I .... ,. I ". ., ~: . '''l " ,. " \l..'" ,.. I:. .".,. " e> t" I . co> 'a. ~..,. " .,'/" .' b': :':~."" . .- ." '\.... ", . ~ '. ," 1j\ ." i" ~..-/'. , . ~ '".' I' " i " . , ('.~.. __ - -------. ,-1--':'-'-- -,.- .......\ \'..;'.,~,'-.' ,:);'j .-~~:, :.~'( \~-:'- '~_.- 1 ,.f:.;. ",~, ~, ~..;!' i:,:'') J;;' .' F ~ . -~~(:.:\ . ;~";: .)..:1 ~ ! t';. .';ii;'" '@~~;' tl, ':F'I\;C,<;'::~ j,;.',.' . ,I 'J I<- . '.'. ',T..,.,'.,.... .0 . " '{l< ." -I' " ......' J"'iYl'("(U: (.,;".r,_'~ij.: ""J~-':: '.', ." . . \ ,.J'; .:.....,,:.~.:,_......:':,.r.?:.:.'~, : '_':"'\ ;:"J! " ..;- ,\ "1 :- . t: ":'?.J<! ,;-\ .', :.},i,' : ,:(-:;I.oJ. . '. '.,-, l _I'" . :ifi+P"i,XJt~ ;;1'1, {~\J '.' \'1~"'" '.Jiit:- .>::~ @j' 1.:lf0.ll':, ,:~/:::'(;1" JL.P'~ -.'\" ~ 'ol~ \., . ~ :~ \t r~ ';..:~.;'::;.~(..~~..y~ ff(..~. 1-" ~.!, :..~"7.:f'.,\- '-,,"c:.' '" J. .{ ,.( . . l' '1 :):~.~;.-/< :~'?:. .. ~,.)('-,., :' ,~~ :"'c~"_" ~.._'.,'_ .... . ;,..,j.:.... -,.,''-: _.~..;~:t" :.,' '"., ~. t - ' .~~-r---;-p-t-+.....;Dz: ':..i;SI '. ,",' ,:, :}.- >:~ . ..5:i-~,-.;--F2 ,C1'Zo :z.J. ,f",. '. . .: .~, ~..:..',.' ''''~''.l ~~Il .j.'~. .'~~.\:., '!;':r-: l~l-::.:';':",~l. ~} .',_ .'. . I '"j" l-:~-'-\:-=;;-:::;I-:-;.,ijl ~,;. ::':;i!" "-'f~' ':\<-.~,~-,' '? ,.~'" '~-:..\i*D ..... ) , . , , ..... ~ "~ ~ .... [I" , I .:F : '.:.:~~~" J 'I - ;u.J.r oC'>l;;-') :: .'~ ',:.~', . . "l'~'~ ~.< "'.: '0; ~.S -"lr~)r ," . " '" 'I'I)""'.J l'" _....-~. -.:.,.1 '.~ - . "-: ,', " ~ " 44, ~ -1:"" ~, ',"<0., "',' 1 ...J 1;'0. r." ,.. '. ' -'-- "...3 ... .' ~ ~.:;1 ~ ...,~ .,,,,.. .', '.'. ,. _d " i... ... 1...: ". 'iI' , I , ! .i . J I I .1 J ,. l . , '.' \ ,. .' '~: ~ . " , ,'. .' . r- ) .. ..', ,. ,. , ~, ~, . ." .... -' '. . , I'- \' I'.' '11 . j ~. i:: ,,' it ':f i:' "7 .... \'. I,: ., R-80-1'28 . item f\!o. 1 ID r',.'lay 22. ?rY)7 Page 59 of 79 ATTACMENT 1 1. Public water required. 2. Comply with fire codes and hydrants. t 3. Final site drainage plan shall be submitted to County Engineer for review and approval. 4. All signs shall be approved by the zoning Director. 5. ~~ovisional use expires one year from date of approval unless construction has conunenced. 6. Any ~~pansion requires site p~an approval. See R-80-128 l\gsnda Item No. 170 r"~3Y 22,2007 Page 60 of 79 RESOLUTION 94-~ A RESOLOTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "2" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SUBSECTION 2.2.3,3 OF THE COLLIER COIlNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN" SECTION 2 ~, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the Stata of Plorida in Chap~er 67-1246, Laws of Florida, and Chapter 125, Florida statutes, has conferTed on Collier County the power to establish, ooorainate 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 includes a Comprehensive zoninq Ordinance establiShinq regulations for the zoning of particular geographic divisions of the county, amonq which is the granting o~ conditional Uses; and WHEREAS, the Collier County Planning commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has consi~ered the adviaability of Conditional Use "2" of Subsection 2.2.3.3 in an "E" Estates ~one for ~ social organization on the property hereinafter described, and has found as a matter ot fact (Exhibit flAil) that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with subsection 2a7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a publio meetinq assembled an~ the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, EY THE EOARD OF ZONING APPEALS of Collier County, Florida that: -1- EXHIBIT "B" FOUR PAGES !he petition filed by Fred Rathgeber represe~tinq Naples Bridge center, Inc., with respect to the property hereinafter described as: The East 150 feet of Tract 75, Unit 30, Golden Gat. Estates, according to the Plat thereof, as recorded in Plat Book 1, Page 58, of the Public Records of Collier county, Florida. be and the same is hereby approved for Conditional Use "2" at' Subsection 2.2.3.3 of the "E" Estates zoning district for expansion of the Naples Bridge Center in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: 1. The CUrrent Planning Manager may approve minor changes in the location, siting, Dr height o~ buildings, structur~s, and improvements authorized by the Conditional Use. Expansion of the uses identitled and approvad within this Conditional Use application, or major changes to the site plan submitt~d as part of this application, shall require ~ha submittal of a new Conditional Use application, and shall comply with all applicable County ordinances in e~fect at the time of submittal, including Division 3.3, site Development Plan Review and approval, of the Collier county Land Development Code (Ordinance No. 91-102). 2. This projeot shall be required to meet all County ordinances in effect at the time final construction documents are submitted tor development approval. 3. Detailed paving, qraQing, site drainage, and utility plans shall be submitted to project Plan Review for review. No construction pe~its shall be issued unless and until approval of ~e proposed construction in aocordance with the submitted plans is granted by Project Plan Review. 4. Prior to site Development plan epproval, a letter ~ra.M tn. Collier County Public Health Unit approving the existinq septic system capacity ~hall be provided to Project Plan Review. 5. All native veqetation (i.e., pines, p~lmettoB, etc.) that fall within the interior lan~scape islands or can be retained tor exterior or perimeter islands shall be retained. 6. No new median openings on Golden Gate Parkway shall be provided to serve this p=oject. 7. Arterial level street lighting shall be provided by the Petitioner at the project entrance prior to the issuance of a Certificate of Occupancy for the expanded buildinq. 8. A ~nimum radius of 50 feet shall be provided at both sides of the entrance drive. Colli~r county Transportation Services reserves the right to require an addition~l westbound right turn lane if warranted by ope~ational conditions. -2- ,<-\';.:I8:IC.3 ite:Tl r'~o. 17'0 ;-,..~av 22. 2007 ?2:;e 61 of -;'9 9. An additional 40 feet of depth along ~he entire frontage of the subject property shall be reserved for future road right-of-way purposes. No expansion of the existing drainfield sha~l be permitted within the 40 feet of depth. 10. Per the Collier County Land Development Code, all prohibited exotic species shall be removed from the site prior to the issuance of a Certificate of Occupancy. 11. The proposed draft well shall provide a minimum o~ 500 gallon8 per minute ot water flow (Reference: NFPA 1231 and Collier County Ordinance No. 92-72). 12. The Naples Bridge Center, Inc., shall not lease the facilities which are the SUbject of this Conditional Use to other organizations for a purpose dirferent than that which is the purpose of the Naples Bridqe Center, Inc., in its articles ot incorporation. 13. The Naples Bridge c~nter, Inc., aqrees to participate in the cost of constructing an adequate potab1e water distribution transmis5ion l~ne a~on9 Golden Gate Parkway at such time as Co~lier county undertakes such a capital project. BE IT FURTHER RESOLVED that this Resolution be reoorded in the ~inutes of this Board. Commissioner Norris offered the foregoinq ReSOlution and moved for its adoption, seconded by commissioner Vo'ne- and upon roll call, the vote was: AYES: Commissioner Norris~ Commissioner Volpe~ Commissioner Saundera~ Commissioner Matthews and Commissioner Constan~inB NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of , 1994. 14th June- :, IJ;JJ!l,'/f,[J :'\':::";i;"~:);l:,~~(' . , ":"". "r..~~'4;of' ."6- ATTEST~~'~',<~~;,~~\(:,~-:-, ~ . DWIGfI'l<;Jh';'BROCKr.; CLERK _. . -I :.". '..''' ~ff;&j;i:,ii ;X> ; t!J.e. v.y.-':-:,:if.':->-t-. -. .-.. APP'!l.OV~O; AS<rC PORM AND LEGAL.StIl'FICIENCY: 71'1tI.A.AlJA...:L.Ih. IJ-nJ.LIJ/t MARJ<1lRIE M. STUDENT ASSISTANT COUNTY ATTORNEY BOARD O~NG APPEALS COLLIfR ;~~y, FLORIDA BY:fy(f'4#ft;~ I HY P STANTINE, CHAIRMAN CU-93-13 RESOLUTION/11693 -3- Agenda item No. ~17D May 22, 20G? Page 62 of 79 Q"'-C) I,_~f-- :"'-;::>::i :i . "~) -;-~ ':-.j'~ ~ > ,,) :;: :0'2"> ='=:CL ro CJ ~ Q) ::D ~~ ',:.":'i' 'C " .,....,..,'., -'- ",-', . . , % ~ o o = . o w , 0 '" 0 ~ ~ ....~ Ow o. ,~~ ~~ f': I~ a ~ ~ ~ I . J u . ~ !! . ~ !r~ ~ ~g . ., f } ~ . I , o ~ . . ~ ~ ; I I i . < . o , = ~ t [ I. t ~ ~ . '" . '" ~ '" ... '" '" '" ~ ~~ ..: :=~" 3i!)~!i! ~~si r~.' :r I ! "I I. Age:v:ia itelTi !'Jo.. 170 f\t:::lY ~2, 2007 Pc.1ge 64 of 79 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-l1034 The following facts are found: 1. Section 10.08,00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes 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 YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: -60 affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YeSLNO_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: L-l- l q/.o1 CHAIRMA ~A ,[, (J It N, [I..( V ~ EXHIBIT "e" \ - A;]enda :t~rn f<Jo. 17D I ~ r.') - r (7 \flay _~'-:-' LJ~ ?a~Je b~, of 19 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION. FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-l1034 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorized the conditional Use. 2. Granting the conditional use will not adversely affect the public interest and >vill not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Oro"''1h Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress / _ Yes~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ,/ -L No affect or _ Affect mitigated by _ Affect carmot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes JNo Based on the above fmdings, this conditioi1al use s.>tould, with stipulations, (copy attached) (should not) be recommended for approval. DATE: '-j ,-:I /. '7 , i (. , . ., ".-..--" ;1 . . I MEMBER: CL'\..-,\ .1'- J ~ ~ EXHIBIT "e" Agenca Item No. 170 f.,1ay 22, 2007 Page 65 of 79 FINDING OF FACT BY COLLIER CO~TY PLANNING COMMISSION. FOR A CONDITION.<\L USE PETITION FOR CU-2006-AR-l1034 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorized the conditional Use. 2, Granting the conditional use will not adversely affect the public interest and vvill not adversely affect other property or uses in the same district or ne\ghborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: . Yes / No _ '. B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fIre or catastrophe: Adequate ingress & egress Yes /NO . C, ,Affects neighboring properties in relation to noise, glare, economic or odor effects: . X 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 fmdings, this conditional use should, with stipulations, (should not) be recommended for approval. DATE: Ij./ / ~/ , MEMBER: ~ EXHIBIT ~1I j?ohw-/V1t:. 0,;./77/' ,L.,gsn:a :ten1 No. 170 iv':ay 22. 2007 67 of 79 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL (;SE PETITION FOR CU-2006-AR-I 1 034 The following facts are found: I. Section 10.08.00 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 ingress & egress Yes)C No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: X 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 ye;\" No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: ~-/C;-o7 MEMBE~ ~ - ""- --= ~ EXHIBIT "en Agenda Item ~Jo. 17D f'v1av 22, 2007 Page tiS of 79 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-II034 The following facts are found: 1. Section 10.08.00 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 ~velopment Code and GroVv1h Management Plan: Yes I No - - B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: / Adequate ingress & egress / YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor ;; effects: ~ No affect or _ Affect mitigated by _ Affect carmot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within di1 Yes No Based on the above findings, this conditional use should, [.th stipulations, (copy attached) (should not) be recommended for approval. ~ DATE:j Iq \0\ MEMBER: Vr \ EXHIBIT "e" 1\;;en(18 :t9m hJo. .170 ~'v~ay 22, :2]e.l7 F'ag'3 69 of 79 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-I1034 The following facts are found: 1. Section 10.08.00 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 De4ent Code and Growth Management Plan: Yes / NO' - - B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egres/, Yes No - - C. boring properties in relation to noise, glare, economic or odor 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: tf ~ /7- (J 7 MEMBER: ~ l../ I EXHIBIT "e" " ,.,., AaenJa !tem r>JQ. 170 ~ rv1ay 22, 2007 Page 70 of 79 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-l1034 The following facts are found: 1. Section 10.08.00 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 vi No B, Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor e7s: _ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within d7t Yes No 4 II Based on the above findings, this conditional use should, wi stipulations, (copy attached) (should not) be recommended for approval. DATE:~ MEMBER: \)l~oi) <;&\(Z\f1v EXHIBIT "en \ ~ '. . Item i"~o. 17D i\;ay 22,2007 P"ge 71 of 79 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-II034 The following facts are found: 1. Section 10.08.00 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...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 Yes~ No C, Affects neighboring properties in relation to noise, glare, economic or odor effects: 1 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 YesL No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: -1. Ie;. t'J 7 . MEMBER: Z:d;f4I / EXHIBIT "en /'\genda item No. 170 f\.~ay 22, 2007 Page 72 of 79 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-ll 034 The following facts are found: 1. Section 10.08.00 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 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 Yes V' No C, Affects neighboring properties in relation to noise, glare, economic or odor effects: II 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: 1/rl/(}1 '{ , MEMBER: ;JJh1ru-. LJl~t/( ('M~ EXHIBIT "e" LEGAL DESCRIPTION: PROPEFTY DESCR~P::ON (OR ;57/, PG, 943) Agenda item r'~o. 17D 22. 2007 ~age 73 of 79 FIE EAST .150 FEET OF TRACT 75,.GJLDEN GATE ESTATES, UNIT 30, ACCORDING TO . PLAT iN PLAT BJOK 7, PAGE 53, PJBLlC RECORDS OF COLLIER COUNTY, FLORID"', CONT AINING 2.04 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERV A nONS OF RECORD, EXHIBIT "0" Or'--;:n ~;-. ''0; "1' Lt-jr-- ;::: >. <J) (ijro:::il ==2:~ rn ;2 Qi :J> <{ UMTfS OF EXlSllNG VEGETATION RESIDENTIAL {EST A TES.E,ZONlNG] ENCLOSED FRONT 1..0ADlNG TRASH DUMPSTER WEST UNE -TRACT 75 GOLDEN GA TE ESTATES, UNlT30. """ 15' ::E SETB,I,CK > ~ ~ o ~ T'fl>E.'S- C 15'SUFFER W ~ APPROX. Z LOCATION OF_ THEEllIS11NG DRAlNflEl.O . o I ,=-~--UJ. . " . - !i! 1i = !i1..l ---- r I. i II Ill;. i I "1 I . ! ! I hi ' i Ii I; ji, I ! II ! i ~ ! i 1111 ffi ; I H : ~ ~ ~ !III. ~I~I~II U@U IiI ii 'I, ! ~;I ,I ., 'l ~ :t: ~j ~ t 1!l1! ~ ~ I;ll ill ~ g~ ,I'i II ,,"I. :. '" :~ i!'1'! PROPERTY UN' RESIDENTIAL [ESTA TES~E-ZONfNGJ 'TYl"E"B" 15'BUFFER I ,. SETBACK (i) UMlTBOF EXlSllNG PAYalEflT PROPERTY UN'" ~ RESIDENTIAL [ESTA TES,E.ZONING] ,. SETBACK ,,,,.... 15"SUFFER otSCHARGE o ROADWAY SWALE ,~'" I [ ., . EXlSTlNG SIGNAGE ON _ J!hD~OREMAlNL _ _ _....._ ....,...._._n_......n........n..............._ -------...::..;;.-=. GOLDEN GA TE PKWY ~ ~w ~ ~z it """ is::! 15 ~ z~ w Q, ~d Cl ll.. za: CI 0 ::t:w w w ~5 ~ g ~~ Z 9 90 o o~ I~'~"ll I. \/):)1,,, ~;?; <t ~!:!' <.J.u , z = " . .. ~~ ::s~f1 EN_.... 1Il.!"'CD ~~i~ ~ ~M ~ ~~ ~ . ! 0:: 0:: Z w w :3 ,i ..1- I- w ~z z '" "- II ~ zw w ~ w <u U l- ii ~ I1w -' w <(0; ~o 0 z... "I w "0 0 0<( j, ~ <- i'2 ,0:: -", lE z o:al al t:::... WCI) CI) 0,,- ~H Zw w Zw Uln :=... ... ou 0,,- "- (.)z . <( <( 0 z z u . '" ~ z ~ ~ ~ :;) S II ~ ':5 ~! ~. ;: ~ i ~ ~. . g ~ i x ~ g: a~~e~ w ~ ~!... ~~~~a 6: ~ ~ ~:ll w Cl;; ~ f :a ~:;! l:;;;! a::1/!..l,ll,. II.. t1H~U: ~~) r ;;; ,. ~,:; Ii i~' 'J l~, Vi_-' 'Fi::,. hill' '". Ii ~::.:1 ~ ~;,"~ ; ...~ 't".- , r :>t\~~!'t< c,:,.-:;.1i.:~:'.'.i,',; bjl",lI':U~ 1"; 0'"; :::,,;i':,::".,e.:,:.; re;;tt;"~;;'1l;~; . ,. . I .. . I fll ~ > I. if . . ! ! I i ! c. . . ~ , . N .{ 'il I . I.- hI ~~ if I i . . ". ~ . I [., Hi [;'! r .{ [u " , I ~~ u II g iii ... I~. il"' i I- , J . OJ ~ ' d :c ~. !ll >< If is! . . UJ III 11 ; d P' If !HI <f mi h .. :i!~ _ ~ ,I ;, t ~. - .. i , " ti 31 -In I , . ~ . I I. i,b I f. . f ~ , ~ I , ~ i CONDITIONS FOR APPROVAL FOR !\g-?nda Item ~~o. 17D ffiay 22, 2DD7 Page 75 of 79 CU-2006-AR-l1034 1. The Naples Bridge Center shall not lease the facilities which are the subject of this Conditional Use. 2, The applicant shall incorporate the outdoor lighting standards outlined in Golden Gate Area Master Plan Policy 5.1.1 into the site plan during the SDP review process. 3. The applicant shall locate the dumpster a minimum of 40 feet away from any adjacent residential property line. EXHIBIT "F" G; Current; Gundlach! Conditional Uses! Naples Bridge Center jExhibit "F" Conditions 4-23-07 en; r-.I ~ I 0' .~ I ~c~!'- i "> (j) I ill :o'::J). .~-s-:t : -~CL I m : " I Qi 0> <{ ! PROPERTY RESIDENTIAL I UNE~:-r:{~~~'~:~~~~~;j~P1 \ Ii Il;d , ,-\-:-'.,... ""'r.l','I' .! i .!l · I' : >:~~t:i;F.;;~: : ' ::::-> : :1 I.! I ! ! ~ ~ !ii i '.,. ~ ......,',.."'1.'{'.I' ,!.! i'! I i!l i , ~~t~~~~~~~~~:" i II i IIII m l ..i~ff c~~:tl~iT1iI"__1i IID~m:[eO ill I! 'I~ . 'h ,o! . -- ! i !~I' 'I 1.,- "il b 'lI15" SET:.~.-pROpoi~if~R~,i =1 i ,_ f.'i ~ j!!!li 11~?E:;.:~1 -@-j1l1i (]r...:....Dy~- g ~ !~IIi! i ~~- '--:1 : .~\.:.~ Ul ~~:.~ ;:'~ u.~:G".',~~'NG j ~~c I, '''':\k : ~ i!!i II --r- 0 ~ ~m ;, ~~70-=~- (\ ~~:.: I I - -r-J "' \.1 PAVEMENT : 1:;-- -~i_ ~-"! ~ 15' PROPER\" He@) i: ~ ta\~~ :~~~d H ISETBACK LINE" i I --- ;-,\,!::.I':;"~- ' 'I ' ,.: ::=' ; _L~=- z~j t. Qt~L~.1~~ ! i-:- irj;==):;='l : . j.,.e- I Q. y.;;" <V" , '1"_ '~,~- -.e.'I' 'I ,.=::::",..1.-___.. :'1; i !,;-_-:::: C ::-~':-1~?-' =:~~:I \ !!~::r' ENCLOSED FRONT j !;--'- ...,. -:::-~--~I j '~~:;.;.~ --J r:.e:) , ......~.I! It:JU '~!j I I . '=.:U ~@:!! --Ai -:!i h-1-- TYPE ~B. ....:r I! [ 15'BUFFEfl. .~~~:='il: -::--) i Ii 15' -e~~15' 6: SETBACK ,._.,r:.,.j! I iSETBACK ~ ',,'~:~li ~ TYPE"B- f, : C 1!S'BUFFER s':":',,!. -jl ~ APPROX. I" r-~'--'t'" , ,- -U I DISCHARGE Z LOCAnON Of - -:- - - ~ I_INTO T~;.;~,;~c"oG I L - - ---':::-. ..' ".1, R~~::erAY F-HYD!: ~ e ~ TYPE "0- , ~ f ff !!!ilU'BUFFER i' ~ " ~J..$ 2 ! I EXISTINGSfGNAGEON - i I ~t;; kil ~- ~-e: ~~- -~ ~hDGJTO~EMAlNL - ~- !I:~%~~ ~~1[ ~;[~~ 1-- -=- 1-!- ,- G::;';" -:"'TE-PK:;" j '- -- RESIDENTIAL [ESTA TES,E,ZONING] RESIDENTIAL [ESTA TES-E.ZONING] ,. SETBACK ... '" > .. ... .. '" ~ ~ '" .. c c w" ;c '" " c z " c ... c "''' "'z 0:_ c'" z' ;c;l: ,,<1 zo: "''' ...z "'- c'" z" O' ...<1 c'" WEST LINE -TRACT 75 GOLDEN GA TE ESTA TES J UN" 30. ; ..J Z I ~ .~ S Q J ....,..;a z E~~~ :2 ...J .!~~~ "-.J ~ Jl.!!! Ii" - ... Q." :5 :e .;~ M N 0: 0: Z LU LU ~ .i ..l- I- LU ...Z Z rn 0.. ~. ... ZLU LU Ii q ;3U U ::;) LU ~ ..J I- q ::;LU LU <Ui N 0 ..t:l Cl Z..J g~ W ..c c ... <- ii: 0< h ;!l ,0: -::;) "r:a r:a !::I- z :1 c Wrn rn Co.. ;:: ZLU Zw 0 !l:..J w Ou ~~ ..J w 00.. 0.. uz . < < 0 Z Z U . ~ i Q ~ 3 ~ G g~ ..J ..;;j ~ K ~ ~ I-I'!: !il z" ~ l!l ~. ~ ~ ~ ~ ~ ~ If 5 ::!; 0( ~ a ~ ';;' ~ ~ ~ ~ i1i ~ ~ W 1lIl% W iii ~ ~; a::l ~ ~iii ~ If ~ ~~~~ ~:l~ If e . , 2 , . . ill -: ~, ~ . . . ~ ~ ~ . . < 11:.:. .:. ~f; eo" I E ~ ; ! g ~ . Q ~ ~ 5 g ~ o ~ < , ~ , ~ j , ^ ~ ~ . . " . I'.. ~i -1'1'" I ~ j!1 ' . 5 "1-" . ~I ~ '" 'D .. "I" II,' I ."1 ~ "I, ~fg, ! ; 1',0, .. '!!11,:'-to "'"'1 ~I'"' pO r lot 1"'1' "I ,n ~ ~I "'I ~ s & , "I'" .. ~ - ~ I!' I o'}~ g " ~ 14 '.' I %1 ~ I~I . f ~! . :'H,~.rr ..' d. I. ' H' ,;, l", . i . -I' .'.'" I'."IE..," i 0" :0; ;':'I"j ., '? I": , . .. .1:; ~ . , w> .7. ~ id<ll :!8 J Q " . ~ :") . ., ffi , , ~ . " i.'. ~ W8 " , 50 , J I , 0.: ;, .' } , , 9" ,. 0 i \ iCE , t~ .~ , , , , ~ .i [ I ~~i it8rT1 ~,~O. i ^TD . 22, 2(IG7 ?age i7 of 1'9 CU-2006-AR,lI 034 PROJECT #2006100015 DATE: 12l2ilO6 NA."<CY GUNDLACH NAPLES BRIDGE CENTER iTraffic Impact Statemen~ Prepared For NAPLES BRIDGE CENTER Prepared by Gulfshore Engineering, Inc. 2375 Tamiami Trail N, Suite 207, Naples, Florida 34103 Dee 2006 Agenda Item No. 17D May 22, 2007 Page :8 of 79 Naples Bridge Center ,~~ ,~ . TRAFFIC IMPACT STATEMENT '.N\ The project,fonsist@ of a 7000 SF building with associated parking located on' a 2.04 aCre stand, alone site with access on to Golden Gate Parkway. The proposed building expansion (3500 SF) will house The Naples Bridge Club With direct access to Goiden Gate Parkway, TRIP GENERATION CRITERIA The ITE manual 7th Edition has been used to generate the traffic counts given, Land Use Classifications LUC [934J were used for to analyze the Trips generated by this proposed facility. Since the proposed facility is reiatively small compared to related samples in the iTE manual this summary used the Average Trip generation rate for Total Number Of Members. 1. BRIDGE CENTER-RECREATIONAL COMMUNITY CENTER Total number of members = 617 Averaoe Dailv Traffic (weekend) for Bridqe Center Average Vehicle Trip Ends = 0.15 X 617 = 111 trips The waekend [Sunday] rates were used for conservative results, 50% entering = 56 entering 50% exiting = 56 exiting p, M. Peak Hour of Traffic (weekdav) for Bridqe Center Average Vehicle Trip Ends = 0.02 X 617 = 13 trips 39% entering = 5 entering 61% exiting = 8 exiting A. M. Peak Hour of Traffic (weekdav) for Bridqe Center Average Vehicle Trip Ends = 0.03 X 617 = 19 trips 58% entering = 11 entering 42% exiting = 8 exiting P. M. Peak Hour of Adlacent Street Traffic for Bridqe Center Average Vehicle Trip Ends = 0.01 X 617 = 6 trips 28% entering = 2 entering 72% exiting = 4 exiting A. M. Peak hour of Adiacent Street Traffic for Bridqe Center Average Vehicle Trip Ends = 0,01 X 617 = 6 trips 62% entering = 4 entering 38% exiting = 2 exiting BRIDGE CENTER; TABLE 1 " .l.,.;]'?:mda item ~~o. 17D r'..f>ay ~2, 2007 F'age 79 of 79 Calculated Traffic I Entering Exiting Total MDT 56 56 112 -:- PM Peak Hour 5 I B I 13 Traffic AM Peak Hour 11 B 19 Traffic o o ~ ,... Conclusions Based L:pon the trip generation calculations shown hereon, the expected impact to Golden Gate Parkway will be minor. The proposed facility is already served by a dedicated right,in access and turn lane and since the expanded parking ;s simply designed to allow more' effective and convenient parking for existing club member-ship no additional impacts 8;,e expected beyond current service levels. No additiofJal improvements are required or proposed.