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
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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
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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
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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
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EI1\lIrO'l'l'lCI1lJI S"r",~es Env,roill!1~'''tal S"".vicw, {\<im;n
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5/2,';COD7 ",S,! 1-~M
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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
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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
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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
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EXHIBIT 1
VICINITY MAP
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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
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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
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Agenda Item ~~o~ 88
May 22. 2007
Page 70 of 142
EXI-IIBIT 3
TRIP ASSIGNMENT FOR SITE'S 7RAFFlC
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7% 2% 2% Mile
Immokolce Road
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Agenda Item No. 88
May 22, 2007
Page 71 of 142
EXHIBIT 4
CUMULA TlVE TRIP DISTRIBUTION FOR SITE's TRAFFIC
0 .5 1
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9% 8% Mile
Immoko/ee ROG.d
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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
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FAL
~5% J1
TK SUBD. ~ 6% Wolf F!ood
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Agenda Item No, 88
May 22, 2007
Page 73 of 142
EXfflBI r 6
TRIP DISTRIBUTION FOR PRO,JECT'S EXITING TRAFnc
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WOLF CREEK SUBD.
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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
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36
382
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to,
.c
.~
~
Green Blvd
I.i',
,.
'"
Q
V~
'-
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~
-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
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1
2
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oj
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1
2
19
-
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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
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to
"
Cl:
to
.2
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Golden Gate Porkwov
8
11
114
I.f\
r-.:
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~-
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'
:':':
.::-....
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194
251
2652
i3
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Pine Ridge Rood
3
11 4
74 38
152
Green Blvd.
.~
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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::
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-,
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
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10
13
139
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Ridge Rood
3
4
46
,orne
White Blvd
14
IB
lB6
2/
27
278
Green Blvd.
3
"t', 4
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21
27
278
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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
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I
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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.
.~
'-"
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6-LANING
FY 2007
(LA T[ 2007)
Pine i?idye Rood White Blvd.
Green 81 vd.
6-LANING
FY 2007
(LATE 2007)
'"
"
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ct
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"
P
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e6
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FY 2009
(LA TE 2009)
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,.
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:
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t.-,
t.:::]
\n
';)
,
')
.)
')
rtl
4
0.4%
No
--
't
()
S-
'"
CJ
'"
VI
'.
'l>
".
,.
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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
,~
"
"
,.,
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v,
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,~~
5~
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-'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.)
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,..
"
"
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
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c..
n
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,;~
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c.
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-"
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o
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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
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o
<-
~.)
'"
o
Q:
<"
"'-
'11
~
~
c..
o
.~
"
.2
<::
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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.
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*HV = 6 Heavy Vehicl~s
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VOL = LT + ST + RT
*TIME PERIOD KEY
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= 7:0cr-::7:15 ":0=:15 ,',.<.
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= 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
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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
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;^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
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-
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d
'orth-South Roadway
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OL ~ LT + ST + RT
'TIME PERIOD KEY
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5:30-5:4516:>7/9,},9
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'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
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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)
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Page 11 of 84
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SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
ORANGE,RE
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EXHIBIT "1"
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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}
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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
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.L\gencia !tern !\10. 8e
1',1ay 22. 2007
Page 22 of 34
WOLF CREEK PUD
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FALLS OF PORTOFINO C.D.D. EXISTING LAND USES MAP
EXHIBIT ~ 4~
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-----------------------------
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Agenda Item No. 8e
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FALLS OF PORTOFINO C.D.D. LAND USES MAP
EXHIBIT ~ 5"
18
Agens3 Item No, 8e
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FALLS OF PORTOFINO C.D.D. PROPOSED DEVELOPMENT PLAN
EXHIBIT" 6"
19
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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
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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
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12.
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.'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
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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.
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SWf~ TO and SUBSCR1!>ED before me by the Affiant, on this
yp-ti!AkJ / ,200).
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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.
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.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.
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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.
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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
,
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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
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?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
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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:
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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.
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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
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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:
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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. .
.,....
."
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.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[
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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
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Agenda Item No. Be
, May 2:;j,2.Q.Ol of1 i
Pag" 7tacli"Slt r
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9/30/200~
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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
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9/30/2005
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-1-
Agenda Item No. 8e
I May 22. 2007 !
Page rPagei4 of Ii
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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; :
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9/30/2005
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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 ?
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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
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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
~,...~," -',,"
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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
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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
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'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
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~\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
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Jo sep~l K, Sc i-.nlitt
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P,j~,tlc Utililws
()~"'~tIO"" Director
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Dale
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(,Mrett Mullee
ComrnlJcllty :::O[)v"i"prrwni &
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, rJ""p"I1.~\Fon Service;. Acimin
51112007 'j'44 AM
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}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
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,.G,genJa Item No.1 OA
May 22, 2007
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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
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May 22, 2007
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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
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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
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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.
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~ r\'~ay 22, 20(; 7
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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)
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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).
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,!\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
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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
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May 22. 2007
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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.
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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
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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%.
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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.
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!\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.
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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
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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
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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.).>,
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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
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OR: Ag4,~fdOltlH~o ~~.5 3
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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\'.':>;
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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
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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
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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
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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
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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
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~ May 22.2007
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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
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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
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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
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Agenda Item No.1 OC
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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.
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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
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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.
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.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
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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
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~ 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?
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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
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~ 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.
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Agenda Item NO.1 OC
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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
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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
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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,
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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.
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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
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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
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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
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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
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[2ZJ R R Land Trust prop~r1les
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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
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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").
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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
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, - . ~
"
--, . /.
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'
,. ;-<'~:-
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.... ", a
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~:;: 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
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',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
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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".
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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.
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- r\flay 22. 2007
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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
"'
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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. . ..,
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[\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
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,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.
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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 .,- . .. '.;.
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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.
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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.
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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
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~ 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:
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.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
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EXHIBIT E
-;2 :t~'<T: No. 'i:JH
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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.
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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.
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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
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/\~-" 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.
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PAGES t 664 -1668
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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.
"......
,-
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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,
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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.
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A.E.
Q,R. BOOK 1970
PAGES 1664-1668
POC
S.L CORNER
SECTION 34
TOWNSHIP 50 SOUTH
RANGE 26 EAST
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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.
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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,
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,2007
1 of 11
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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.
Note: Section .400(d) ofOMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal programs and State projects included
in Exhibit 1 be provided to the Recipient.
21
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<<
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
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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
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, .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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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!
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Agenda Item NO.1 ON
May 22, 2007
Page 34 of 37
GOOCLETTE RD S
UVIN GSTON RD S
...
at
UVIHGSTON RD M
175
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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
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/' . Ma.y~, 2007
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The Honorable Jlim.es'Coletta" .
'. Chair; Board of County Ccimmissioner
3301 E: Tamiami Trail
County of Collier
Naples, FL 34112
0,'-13-07PO,": .
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,::Z?/t lE(Vl i1Jp)
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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
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$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
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May 22, 2007 ..
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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
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Figure 3 _ City of Naples Future Land Use Map 5 ~-z1 D 7
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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
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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
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WILSON. MILLER, lJARTOF'~,PE"K, INC.'!'!. i . .1.-::'.'
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Not tn.l(d IInless cJl\llm:;;~ with lhc Professiollal's s.~l.
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211-29 (ll'iI1:lju)
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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
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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-'"
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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
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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
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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
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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
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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
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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
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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
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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
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Agenda item No. 1682
May 22, 2007
Page 1 of 17
EXECUTIVE SUMMARY
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 111'h (Bluebill) and 8th Street.
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.
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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
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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
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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
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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
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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
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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
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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
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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)
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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''(. ~
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OWNER:
~rt1J"" '~w fJI>oi"Y k
\1ireya Ese bedo
OWNER:
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'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. ~
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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
!
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, 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
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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
,
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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
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BOARD OF COUNTY COMMISSIONEl,
COLLIER COUNTY, FLORIDA. I
,
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!
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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
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May 22. 2007
Page 10 of 11
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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
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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
(
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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
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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
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roved a 0 ann
ficiem: :
personally known to me or
aspr;oof of ideutity"
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Sign re of Person Taking A'cRfunvledgment
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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
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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.
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Agenda Item No. 16012
May 22, 2007
Page 7 of 118
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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:
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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
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Permanent
Housing
...
Emergency
Shelter
T l'2nsitional
Housing
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SUPpo;ci""
Ho~mg
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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.
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Collier C'J>unrv F'Y10'06-F".:"2C 1 0
Five~ Yt'.a.l" S~,r:1reff,i.~ Plan
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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'
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SELF
S!1FFICENCY
+ _.::..~ +
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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
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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,,]
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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
.
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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
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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
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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
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Agenda Item No. 16012
May 22, 2007
Page 13 of 118
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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
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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
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Agenda Item No. 16D12
Mav 22, 2007
Page 15 of 118
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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
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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
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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)
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o
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u
"
'"
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-
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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
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....
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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
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'" "0 ..<: ~ S 2 ",I
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~Department of Children a!ldFamilies x x + x I-- I
- - --- - --r--
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--
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.
Collier County, Florida
2007 Continuum of Care Exhibit 1
F onn HUD-40090-1 9
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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
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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
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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
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'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
---
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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
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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
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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
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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
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Conservation Lands
Collier
Seminole
State park
RBNER
RBNERR
RBNERR
10,000 Islands NWR
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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
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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
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"l"'q:>el:I8 - """"ld 'mltTIfl2lTllE II! 1SlXl P"'l=lI! ~1I1 en ;np ll! SJtU.
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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
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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
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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
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RBNERR
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10,000 Islands NWR
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[,,",,~ ..,~''" ,,,,,,,.,_, "'..ou"', ,,,,,,,,.,,,,,,,,,,,,,
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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.
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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.
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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.
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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
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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,>
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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
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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
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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
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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.
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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
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Jennifer A. B io
Assistant Coon y Auorney
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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
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.....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.
PROJECT REVIEW
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. Failure to provide this report
would constitute breach of contract and would affect an agency's eligibility for future funding.
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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.
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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
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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
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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
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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
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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.
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Application Number: EMW-2007-FO-04528
Signed by Marlene Foord on 05102/2007
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Page 15 of19
Agenda Item No. 16F3
lv1ay 22, 2007
Page 19 of 23
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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
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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).
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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
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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
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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
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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
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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.
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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
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n- ~.~---..;, f!I .: I .- ! 5 .T, iA" E. S/ ./.w: 1.' ~.-0--"-::,( , Ocean
. ;/~gO, '--.~.-..-J\ ~NEf'MEXICO! ". ''''i ",':~::>:.'~.~:j ;~ ://\~)( ~~~~. .
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cean )-'---. '...,-...~>;.'-- N .> \8 as:',.:'L~. / i _ ( ~. ~/."_;:').. ,,\.:;~JaCkson"'ille
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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
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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. Abbott,
National Sales Manager
;
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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 .
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NIY....S'T. T8llOIItCONDlTlONOf MNCONl'RACTOftCJl'Hl!llt DOCUMEtfTWIlH ADP!CfTOWfEH THI8 CiRl1FICAief/IAY ~ tSeUEOOR
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~.....,.,_ lIIIR'S 3HOWN MAV MIMi: IEeN fU!I)UCZD ft f"AII)ClAIa ~-
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.-'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
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- __-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_
=
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_AU1\) ~= ...u:c .
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~_...... 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_
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"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
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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',
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';".- <;
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..,..
"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~"
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t-l ~i: rl ~<:';! nL.c(: U U f"; L
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Agenda Itenl'l'M: 1BC3i!
May 22, 2007
Page 23 of 32
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::::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' :-';;'.
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\; ,':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,.....:.
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^~--i~ i !\~~-+J\ U J~:, ~-~ ~f/lA..c...rl>1/\ ~ . ~:L,\ (~I -,c...'~~.<l'i ,j~~) (/~~".""_ /mA7lj-Ut.i.C
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\-:.."X!!" ., t> .l\ ~ ~:Jt - ,,___m.__
Thank You For Your Orderl
. ---1tJ\"'~
7
I f
'____ ..... --//1 P..
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--------------------------------------
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
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4/25/2007
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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
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(2YII'732-1000
(239)732-1000
L
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-l!1S/2007
- _.
Phone #
Fax #
Date Estimate #
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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
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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
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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
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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
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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
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Total Bathrooms
locahon Average
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Pro 'erN Address 3991 Harvest Court ---...----.
CtN Nanles County Collier State FL ZiDCooe 34112
Lern:ler Board of C~~nt" Commissioners
location Map
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Agenda Item I~o. 1683
May 22, 2007
22 of 23
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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
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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,_ --
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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
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May 22. 2007
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_BorrowerlClirot Collier .C9untV Board af Couflfy Corry~~ioners
ProoertvAddress 397gHarvest~~ _ __
~~~ _Countv Colhe~
Lender Board of Counlv Commissioners
~~---- -
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~ 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
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1"~rl"~' .""-1'1"
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May 22, 2007
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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
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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. '<on, ",r I\d(r~:-~ .:179;:, E;l:erpr,SB A....&T1'JC. Naples, FL J.41fl4-7()42
l}roan S!JIlWJll R,;la Prl!doml!1Mt sm,9!e lamil}' tloUSi~ P'reu-nt laur: tise ~ Land use Cn3J'lge
P~li...; ,Ii,l3::
:<~'I':i iS~:2S-75~'; Und~. 25~ occupancy $WOCli Vf~1 [inf: tam'l~' ~_ A' ~Jt~J;;~I}' ---..-.J dlr~:1'
RJp:-ri " S;~blf S:;;;\'I >.,1 Jwner ~. B~~ Lo'.', ,New ,,2.41am:'~ ~ In DlCct,,:i
inG"i~a~lng ;:;13r::~ J~Cl-rll1g T~niJl1t ~qp " Hilt1... 5g.~ Mu!ti.tilm~L _oW _ 113:_
S~:;..t=t~~ [[1 t3iiJnc~ (h'e! 5.1.ppi~' '.'~:u,I,TI.5'~'1 :',~ Pr,}lJem:n;:nt' ',: - ComrT1~f.:i;d q ,
_~PF,13 ::..3rr,Qs__ D1.tlmll:<' ~'ii..C;:Itlei~21.:'.l. 1~~ 3~_~r3cilnt~~ '---
N,ate: R:u:'el -B,nd lhe racial c:ompfJl!litioft 0' tht netghtlDthccd are not apprl1lsaifac-torl.
r';lJi,p.c,;:rhucc; tiJL:nCilt!'!!~ Rf!r1 cnarB~'I~",:ir.s; 2 r"ii~.~_SE of dovfntoO(/(l Naples &sub'ic.~~tes; _1..rni1e 3S. uff:{ us ~',: 1 rT'.ile_t;' of ~aples_8ay:~
.W~dc-r'lin_a\~ly !cs;'drtnh::oL__
FdC;['r:: 1:i3: at'F.cr !h~ r'llark="idbii1y o~ t:13: p';:;'p"'rt~:s ir1:he r~~1t:Jr;l:'::rd :;1Hl~i,,~1}' :0 E:-'""')/[)J-'mec1t al~j ~nf,ni'ies emDlcyfTl~nt s:3bii ty p.~Dea' HTlilr.;et ek;,'::
Well esti=,l,Dlished c-I~,~', S.'Jbuft'anT'<e';ghb-:J~poC .1\\I'Drl'lge i,;)(;atic-n '~~'ith 8"~~.@.9Q.?cc';!~h()p;:,'i~,q 8rld 5uRPcrtinQ,servrccs, $9ho(.~
p~ille ne;::rbl,'. 7'0e 5u~~L'iY'f';rn~di2[p. n:e:g"';bmh0Q(l is prima~:I.1 rnqQite I"'ID,rn8S.Tht5 n~~I~ sid::: oQ~",n BLJ_~Bf\ A!:snue_~? Z0n~ cOf1l~Qi.~1
p.:::-n-r8ril<,' </fic~hcL1;s~s sinrd,ge buli::'iriqs, cLc:...No E!dl'~r5,E:. ;}ff!,::ct:JTI rl'~3r''''6tF!bihty .l1gted. Ijl)'.'ie',,?::G.lb.~€ IT\~V bl1.~c!erfe';:t on th-E~_marke:
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gerndnd and rrarr,etlr:G ti1"'e Jl"€' a\i~,a~Qtabjel.~".:u;. ,=~;(;'.:!$ir'_!!lC' 5u~je;;1 are.<1_ h;<lVG J~l:'e" 5:~~'!C rJ'ol.f't ('v:; pa?} ,:,! to '.4 rnonth.~.
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450~;2,2, 2007
UNIFORM RESIDENTIAL APPRAISAL REPORT r,I,'to. 122fi'ge 17 of 24
- S oo,OQc COrrlme!1t5 or: C'::'~l AWoa::t'> I,~tcll ?,'~, 5Our:€ ct C05~ esjir:iar~ sit~ 'Valu~
square 100: a'~t:la1:':" il!':,d tJf HJIJ, VA aile FmH~" me eEtMall'!r] fFimaini1'14
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of IV8'S,'":aH S,^,.'~, d~ta fm'D ap'praisal files.?:nd d_~:8: [(:1m !o~!
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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 ,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
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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::~
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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
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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
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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
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S::1mj2id~ Scare of The App~Jis!l! FOllfldatJn a.~~ ~har Wl':rf III olac€ as (;1 t'~ e'tf.:h'f d~Ee of thrs ac[friills~;J, ',','rth ~1~ l;1X'J~pllorr lJr lh~ ,jP.p~rtlV~ pro'.'islorr or :hc)l':
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'{,::mlty 01 :re 2:.Jbil!C: W'Gp~'1f' ,;1 wh;.~h I <iT :lwa'!! a"j h8\'~ mi:.:!F ?,:;ilustr;~lilS ter tle3.i: ?'d'''~r;;f CC,1.:n J('ii, :I'! m~' aNII'~'~;js- a' H1~ pJpf:t~' 'i'31'J!! ~J t\! 2:~nt :h,jl
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S I p~r;Gna:i!' ~'!!:::'2.'f',j d; :-onCil.i5K~5 r: Jp;T:)Ii;;' 2ht.; r ttf ::3.1 eSlale :'":.lJ...~r" ~~~ ;urh ir rl~ ap~~Ejl '~~::"rt1 ! ;P:fr! (11' ) gn,fican: pfc'ess:::mal
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:;;:;',~~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.~
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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:
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Dar~ Signed Iv\arch 29, 2007
Sut~ :~rifiu:t'.)r: 1f Sl Ce~1.R~s,RE.A #0000320
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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.:
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Scope Addendum
AgendaF~.illiilnt?~!j.61
May 22, 2007-
Page 20 of 24
~pi'.-?r.='~e~l CoJ,liSf Co-unt,;'/CommlS~101!ers
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May 22, 2007
Page 21 of 24
It CwJF. 34 ~,' 12
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May 22, 2007
Page 22 of 24
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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
"':\
\ /
,
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:".,,, "\
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"'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.
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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! F-oz;
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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
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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
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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
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ccarpe1/fCr@i1liCmuria.edu
102,5 COtnmoOJ eic!;:l", Na.p:c~. f'L ~41l9. j 37~
Www.napln..avemari..edu
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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 $12.
TELEPHONE MESSAGE
Sent By: ResnickLisa
LisaResnlck
AdmlnlstralillO AIde to the Bee
3301 East Tamiaml Trail
W. Hannon Turner Building
Naples, FL 34112
Tel. 23\1-774-8097
Fax 23\1-77+3602
HsarJil~!li~!5..@~"Qm~r:gQ"".oet
4f18/2007
~pr-ll-%ODT 10:10.. From-hvll.pm..t F..
%39mmo
T-241 A~eIWMP~1emFrJ\J116H2
May 22, 2007
Page 10 of 10
The r"JIIOf of a n:op y !s r'f~qL.ested by April 27. ').()07
1v1&-1i....... ~, r--DI\I~IS~;ONE12- I D5
Ac;c~pt 'Nih p'e~s~Jr<;: your invitF1ltiori to th.;!!
cr.;duatio"l cer€rnorie-s. PJ",.I\.;:, 1("J;CUt!t (,,(.:- r.:r i;..o'h ....;li ,J(l,:,'\l;:1
w,[1 ~ttend th.. 8<ccol~",.e"t'!< Mass
.X will ;at+.or'ld the COmfl1e'lCCml:.-:.nt Ceromony
_ Doc! ne wi:h fEg'"ets
to the V.S. Deportment of Justice, in one
children missing: and,
on overage; there ore on estitnotedoverage of 2, 185chitdren rePlJrted
to law enforcement agencies daily:ane/,'
WHeReAS, 58,200 of these children ore victims of non-family abductions and more
200. 000 ore the victims of family abductions: and,
WHeReAS, the Notional Center for Missing & exploited Children (NCMeC) exists as a
resource to help prevent child abduction and sexual exploitation, help find
missing c~/Idren, and assist 'victims of. child,ab1uc~i~/t'(JfI~se)(lIar exploitation;-'
their tOll1ilies; and the professionals,whoserv,!,fhem:Qnd,-
WHeReAS, although the NCMeC assists law enforcement in the recovery of 96% of
domestically missing chl'ldren, too, many children remain'(JIn,?ng fhe'!!issing: and,
WHeReAS,
ArrE:Sr:
--.
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national research has confirmed that safety prevention"education is critically
important in protecting children from abduction and explaitatian: and,
;:.,
:' T, " ",,;;,,~;?P('~~ g~~):;~"" ," ',_,
one/~,;sJJt, chlld~'J,,;{~~tJir!t!: r:;~,,:'f)f'~rJl,tg,:~istriblJtr()n Pr09raln:,:is
recovered .:."-rect:resul ~~~($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
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May 22. 2007
Page 3 of 20
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May 22, 2007
Page 18 of 20
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May 22, 2007
Page 19 of 20
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May 22, 2007
Page 20 of 20
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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
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Agenda Item No, 16J2
May 22, 2007
Page 17 of 18
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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
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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
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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
/-
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Attorney for Respondents
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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
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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
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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
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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
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May 22, 2007
Page 37 f 89
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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
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PROJECT #2006030059
DATE: 4/17/06
HEIDI WILLIAMS
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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,
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May 22, 2007
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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.
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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
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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.
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\''In^iiTIONGbli.ifii'G~: - Page 41 of 89
fltE NUl.\8f:1l
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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:
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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' ..", '
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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".
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And less the lands lying West of camp l,eais Road.
';:.:.'
PARCEL V:
,-,
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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!
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,~,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;
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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.
.
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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
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,_~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
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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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Agenda Item No. 178
May 22, 2007
Page 73 of 89
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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.~,
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EXHIBIT B
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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
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Page2of9
Agenda Item No, 17C
r\!,ay 22, 2007
Page 6Jf 35
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Single-family house, zoned Agriculture (A)
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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)
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Page 3 of 9
Agenda item rJo, 17C
r~ay 22, 2007
Page e of 35
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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
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CONCEPTUAL SITE PLAN
Page 6 of 9
f-\genda Item I,Jo, 17C
rv1ay 22, 2007
Page 10 of 35
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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
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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
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COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
6968
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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
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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
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Section (Township(Range _______/ _______/ _______Lot: __________ Block: _____.:_':.c:.:.: ,) ,"0
S u bd ivi s i on :__________________________________________
Plat Book_________ Page #:____________ Property I.D.#:_______________________________
Metes & Bounds Description: ________________________________________________________
[
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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
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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
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COLLIER COl:NTY
BOAfW OF CUUNTY COM~lISSI0Nfl~S
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- ~2, 2007
F'8ge 7 'J1 79
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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
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,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"
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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
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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. U
'2D'" ,- f-9
r'dge j/ 0....
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 .
--
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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
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hi~aif 22 ':::O[i 7
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I _:.-";:; ""_' U, ,
j~'~~p~rt;R~~'~-;d'----l.~s'k~t~h-;~--l".~,,_._,_..,.,_
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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
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PR
"(239) 659-3427
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(,cy 22 n07
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wAltst. matlinR addrrn /. 1400 Gull5b.OJ'ii Boulevard, Suits: 214t :-.la:plolt
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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" .
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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;'~.
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,.\,MI.IlRt. 22, ~ 7'i'as, ElI'Rl.rG1 Fl. ~3908
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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
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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~.
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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:,~~(' .
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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
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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"
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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;
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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.