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Backup Documents 05/14/2007 Joint Workshop BCC JOINT MEETING COLLIER COUNTY GOVERNMENT THE CITY OF NAPLES & THE EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT BACK-UP DOCUMENTS MAY 14, 2007 ,.c;t.'L 10 -f 'J /Vlay /'/1 2eCiI COLLIER COUNTY GOVERNMENT, CITY OF NAPLES, AND EAST NAPLES FIRE CONTROL & RESCUE DISTRICT MEETING TO DISCUSS THE JNTERLOCAL SERVICE BOUNDARY AGREEMENT RELATIVE TO THE PROPOSED ANNEXATION OF THE COLLIER PARK OF COMMERCE BY THE CITY OF NAPLES, PURSUANT TO CHAPTER 171, FLORIDA STATUTES May 14,2007 County Attorney Office Conference Room 4:15 pm Sign In Sheet Name /l-~c..-{.V'V D. ~\"I :::ro ~,... C IItI"~ It "-- Or anization rcPG,t/j~r i1l,rk.. or ~rn./'YI.E!'rc~ ( ( ~ Cb--An--;":,S\~ Z FeD CA,l'/- J' $CC ~ /-~Hf9bC.. (~s 'u €J7rl- Cov" ~ 4VJ"IrA. .1'(' ..r -<; DRAFT - FOR DISCUSSION AT THE MAY 14,2007 MEETING INTERLOCAL SERVICE BOUNDARY AGREEMENT This Interlocal Service Boundary Agreement ("Agreement") is entered into this _ day of ,2007, by and among Collier County, Florida ("County"), the City of Naples, Florida ("City"), and the East Naples Fire Control and Rescue District ("Fire District"). RECITALS WHEREAS, the Collier Park of Commerce Owners' Association submitted a petition for annexation to the City in or around July 2006; and WHEREAS, Florida's lnterlocal Service Boundary Agreement Act, Sections 171.20 - 171.212, Fla. Stat., ("Act") strongly encourages local governments to determine how to provide services to residents and property in the most efficient and effective manner by establishing procedures encouraging and allowing for intergovernmental coordination in planning, service delivery and boundary adjustments during annexations and also to avoid conflicts and litigation; and WHEREAS, on or about September 12, 2006, the County adopted an initiating Resolution as prescribed by Section 171.203(1) of the Act to negotiate any and all issues concerning service delivery, fiscal responsibilities and or boundary adjustments in connection with the Collier Park of Commerce ("CPOC") annexation. A copy of the CPOC, i.e., the area to be annexed, is attached as Exhibit 1; and WHEREAS, the City, on or about November 15, 2006, adopted a responding Resolution to the County as required by Section 171.203(2) of the Act; and WHEREAS, the Fire District, on or about November 14,2006, also adopted a responding Resolution to the County's Resolution; and 1 WHEREAS, the County, the City and the Fire District have met on a number of occasions in publicly noticed and publicly open negotiation sessions to negotiate this Agreement; and WHEREAS, the negotiations included discussion of fire prevention services, assessments for fire station expansion, commercial recycling, public road maintenance, utility and communication taxation, Florida Power and Light ("FPL") franchise fees, and concurrency as well as other matters as authorized by the Act; and WHEREAS, after consideration, the County, City and Fire District have determined this Agreement is in the public interest and for the public's benefit. NOW, THEREFORE, in consideration of the mutual covenants and promises and the consideration set forth in this Agreement, the sufficiency of which is acknowledged by the County, the City, and the Fire District, and with the intent to be legally bound, the County, City, and Fire District mutually agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated into and made part of this Agreement. 2. Fire Service. [to be determined] 3. The Financinl! of Future Fire Station Expansion. In its Urban Services Report for the annexation of Collier Park of Commerce, dated October 17, 2006, the City acknowledges that it will be expanding its fire station at the Naples Airport for purposes of assuming fire service to the CPOC and other areas in the future. The City further acknowledges that this station, referred to as Station 3, will serve approximately 2,000 acres and that the CPOC comprises only approximately 112 acres of that area or about 6% of Station 3's contemplated expanded operations. According to the Urban Services Report, the financial impact placed on 2 this expansion of operations by the City caused by the annexation of the CPOC is $73,755.00. The City agrees that should it become necessary to specially assess property owners for the expanded operations in the future the CPOC owners shall only be responsible for their prorata share and that funding of the full expansion of Station 3 shall not be borne solely by the CPOC property owners. 4. Recvclinl!:. The City agrees that the Collier County Nonresidential Recycling Ordinance, Ordinance No. 2004-50, will continue to be followed for the CPOC following annexation. 5. Wastewater Service. The County shall continue to provide wastewater service as contemplated by the City's Urban Services Report; however, the City and County recognize the CPOC as an area that may possibly become part of wastewater service area exchange or "swap" in the future and agree that they will continue to work cooperatively and in good faith toward a possible negotiated agreement for such a service area exchange or "swap". 6. Public Road Maintenance. In its Urban Services Report and during the course of negotiations, the City stated that as part of the annexation Agreement it will be necessary for public road right-of-ways within the CPOC to be brought to acceptable standards. This will involve resurfacing and, and in some cases, widening. Certain property owners within the CPOC have come forward as volunteers to agree to pay $175,000.00 of the monies necessary to make the renovations or repair to the public road right-of-ways within the CPOc. Neither the County nor the Fire District shall be obligated to contribute to any maintenance or repairs to the public roadways required by the City as part of the annexation of the CPOc. A copy of a confirming letter from attorneys representing the CPOC Property Owners Association is attached as Exhibit 2 to this Agreement. 3 7. Utilitv Taxes. Communications Taxes and FPL Franchise Fees. The City acknowledges and agrees that the County, as a property owner in the CPOC, is immune from and shall not be subject to any utility tax or communications tax levied by the City. See also Sections 166.231 and 202.19, Fla. Stat. In consideration of the County's agreement to continue to provide wastewater service to the CPOC following annexation, the City also agrees that it shall rebate to the County the 5.9% franchise fee that would otherwise be imposed upon the County. 8. Concurrency. The County and the City are jointly concerned about the level of service on Airport Road and at intersections around the CPOC. Accordingly, should any increase in density or intensity of use beyond that currently authorized by the CPOC POD be permitted within the CPOC following annexation, the City acknowledges and agrees that it shall make the necessary intersection improvements as determined by the County at Horseshoe Drive, Progress Avenue and Enterprise Avenue at both Airport and Livingston Roads. Both the County and the City agree that these intersections would be in a state of failure and require needed improvements should there be any such increase of density or intensity of land uses within the CPOC following annexation. The City further agrees that needed improvements shall be made within six (6) months after any zoning approvals increasing density or intensity of uses within the CPOC beyond that currently authorized by the CPOC POD. 9. Amendments. This Agreement may only be amended by written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 10. Severabilitv. Should any provision of this Agreement be declared or be determined by any court to be illegal or invalid or unconstitutional, the validity of the remaining 4 parts, terms and provisions shall not be affected thereby and such an illegal, invalid or unconstitutional part, term or provision shall be deemed to be part of this Agreement. 11. Dispute Resolution. Should any disputes or alleged breaches arise under this Agreement, the City, the County, and the Fire District agree that such disputes shall be resolved in accordance with Chapter 164, Fla. Stat., and Section 171.212 of the Act. 12. Construction. This Agreement shall be governed by and construed under the laws of the State of Florida. 13. Recordinl!:. The County, the City, and the Fire District agree that this Agreement shall be recorded in the Official Records of Collier County, Florida as soon as practicable after approval and execution by all parties. The County shall pay the costs of recording this Agreement. IN WITNESS WHEREOF, the County, the City, and the Fire District have caused this Agreement to be executed by their appropriate officials. DATED: ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: BY: DEPUTY CLERK James Coletta, CHAIRMAN Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney 5 DATED: ATTEST: Tara A. Norman, CITY CLERK BY: DEPUTY CLERK Approved as to form and legal sufficiency: Robert D. Pritt, City Attorney WITNESSES: Signature Printed Name Signature Printed Name Approved as to form and legal sufficiency: Laura Jacobs Donaldson, Esq. 06.0284/15 CITY OF NAPLES BY: Bill Barnett, MAYOR BOARD OF COMMISSIONERS, EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT BY: Thomas G. Cannon, CHAIRMAN 6 NOlthern Trust Bank BuiIding 1001 TamiamiTrail North. Suitf:S,')o Naples rL 3:110::1-3060 Telephone: (239) 268-]480 Fac.9rrnil€-: (28.9) 619-1/06 \\'...." SaI\-atoriAndWood com Roben H Eardley Leo 1 Salvatori Case} K. Weiduunill€r C Lane \Vood l\ndre~ ] \Vozniak LVATORI '{(:W'OOQ . ..' ArrOltN~n A't 'A\V March 29, 2007 Sent via Email: JamesMudd({j)collief.Qov.net Mr James V Mudd Collier County Government 3301 East Tamiami Trail Naples. FL 34112 Sent via EmaiL.lauralfi!.donaJdsonlawDa.com Laura J. Donaldson, Esq. Donaldson Law, PA 33819 Americana Avenue Dade Crty FL 33525 Re: Possible Annexation of the Colliel Park of Commerce into the City of Naples, Florida Dear Ms Donaldson and Mr. Mudd: This letter will confirm the discussion that took place on February 5, 2007 at City Hall during the negotiations regarding the possible annexation of the Collier Park of Commerce into the City of Naples As you know, this firm represents Collier Park of Commerce Property Owners Association The City of Naples has requested as a condition precedent to the annexation of the Collier Park 01 Commerce into the City of Naples, that certain public mad right-of-way within the Collier Park of Commerce be renovated or repaired in accordance with standards now being discussed between representatives of my client, and representatives of the City of Naples. Our client has agreed to provide up to $175,000 of the monies necessary to make the renovations or repairs to the public right-of-way. Our client has received pledges from individual property owners in the amount of $175,000 lor this purpose, contingent, of course, upon the annexation of the Collier Park of Commerce into the City of Naples upon terms and conditions acceptable to our client As such, please accept this letter as confllTl\ation that our client does not intend on assessing its members for any costs incurred incident to the renovation or repair of the public road right-of-ways into the Collier Park of Commerce incident to the annexation of the Collier Park of Commerce in the City of Naples upon terms and conditions acceptable to our client. P[ease note that these pledges are only for the renovations to the public road right-of- way The expenses of any repairs or renovations to the private mad right-ol-ways (Collier Parkway East, Collier Parkway West, and the driveway interconnects with Transfer Road) shall be borne solely by the property owners association, and assessed to its members in accordance with its restrictive covenants, by-laws, and past practices. Please note that the contributors of these funds have conditioned their payment upon the successful completion of negotiations regarding the annexation of the Collier Park of Commerce, and the execution of an interlocal agreement therefor, in a form acceptable to our client in the foreseeable Mure. Prolaw:67805 2 EXHIBIT j~ i , i I ! , i I i ! i I I I , I I i I i I I i i , i I I I i r L I I I I Mr James V Mudd Laura J Donaldson, Esq March 29, 2007 Page 2 I trust this letter answers your inquiry If you should have any further questions or care to discuss, please do not hesITate to call LJS/nj Copy: Mr Chad Lund (via emaiQ Ms Joan Hulek (via emaiQ Mr. Jack StOl}' (via emam Dr Robert Lee (via emaill Robert Pritt, Esq. (via emalQ Mr Dan Mercer (via email) Ms Ann Merle S Ricardi (via emalQ Prolaw: